please can somebody help???

[scatz1972]

The council took my debt back and im not pregnant nor vunerable, its a matter talking to the right person (the one at the top)

 

Your a vunerable person, your have no income now and are in receipt of benefits, they will be able to take the arrears from your benefits.

[scatz1972]

Anyway if they are collecting this years bill then the £900 figure isnt right as you can claim council tax benefit now.

[Guest BURP]

Pixieboo. Did you send those letters? If you told the council you are classed vulnerable persons for the purposes of civil enforcement and they have fobbed you off with excuses then you have the right to ask for compensation for failure to comply with the National Standards for Enforcement Agents. You will need to address your complaint to the Local Government Ombudsman. Scatz1972 a MATB1 is perfect! Any prescribed document will suffice. Pixie, if you cant send a letter then print this off and take it to the council in person, have a witness to confirm you have shown it to someone at the town hall. Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

[pixieboo]

sorry yes i sent the letters ,i explained my circumstances also in another letter i.e that i am 40 weeks pregnant the stress the bailiff action is causing me and that i was not unwilling to pay the council tax bill but i couldnt afford to do so at the rate the bailiff had set and i didnt want to deal with the bailiffs in question and i wanted them to take the debt back from the bailiff and set up a payment plan with them .i am not sure whether i should of sent the letter but i felt i needed to explain myself a bit more.

i will do as said up there^^^ thanks , i will have to try and get on to my doctor or midwife for some kind of evidence as all i have is my maternity notes and a very big bump lol.thanks for the advice

[Guest BURP]

Getting a doctors note isnt essential in your case because you are classed a vulnerable persons under several other remits of the National Standards for Enforcement Agents. If you obviously look 40 weeks then just print the above link and take it to the council. Take someone with you to write down what the council says, if you are fobbed off with excuses then you have a right to make a complaint to the Local Government Ombudsman and ask for compensation and you might even have grounds to start a claim for personal injury. You need to medically show that bailiff action is having an detrimental impact on your health. You need to tell the council to take the case back into council administration or you must start collecting evidence and building a case.

[pixieboo]

thanks do i have to go to the main council offices i assume ?

[Guest BURP]

The town hall address will be on the back of your council tax bill

[pixieboo]

hi , need more help

i did everything i was told to do up there^^^^^^

the council told me that they would talk to the baliffs and then in turn get something sorted out with me .

right that was probably 12 weeks ago (yes i know i shouldnt of left it that long without getting something sorted ), since then me and my partner have gone onto jsa , (which in turn reduced some of the debt because of the council tax benefit)

then yesterday while i was out i had a letter posted through the doors again from dukes saying "final notice"

basically if i dont contact them to arrange full payment (which there is no way i cant afford to do atm) or they will advise the council to

A - issue a warrant for my arrest:eek:

B - get a bankruptcy order on me

C- put a charge on my house???

 

so at the moment i am absouletly crapping myself expecting to end up in prison:(

i just dont know what to do now , i wish i could pay the whole bloomin thing off and get rid of it but we have hardly got any money to live on as it is

any advice on what to do next pls????

[ohoh4312]

Oh gosh you really are having a hard time, poor thing.

 

I am totally unqualified to comment in this field, but I was under the impression that if the arrears were being deducted from your benefits then no further action should be taken.

 

Also, the 3 horrible threats they have made are absolute baloney in my mind - bailiffs cannot recommend those actions, nor can the council enforce them - only a Judge can make those decisions, and to be honest if it did go to court I would like to think that a Judge would be pretty angry about the treatment you have suffered.

 

Actually, I am probably talking out of my backside here, but at least this will bump your thread back to the top where someone with the right knowledge will jump in and help.

 

Kind regards xx

[chris600uk]

yesterday while i was out i had a letter posted through the doors again from dukes saying "final notice"

basically if i dont contact them to arrange full payment (which there is no way i cant afford to do atm) or they will advise the council to

A - issue a warrant for my arrest:eek:

B - get a bankruptcy order on me

C- put a charge on my house???

 

A - nobody is going to issue a warrant for your arrest for non-payment of council tax because you have not committed an offence if you have even offered to pay.

 

B - Only the councils SEO will make that decision based on whether he/she things it's worthwhile, if you haven't got sufficient assets it'll simply cost the council money they can't recover.

 

C - so what if they do? You haven't said you won't pay it, and a charge on the house would simply put the evil day off for, errr, years.

 

 

It sounds like they are thinking of giving the account back to the council.

[pixieboo]

right i am back again

basically had another letter through the post from dukes saying that unless i pay in amount IN FULL then i am back on the list for the removals team:(

i have no way of paying the amount in full (i wish i had that kinda money) hubby is still out of work so we are still really struggling on benefits.

is there nothing else now i could still try ??

or is it a case of game over cos i dont think the council are going to take the debt back

at the moment it just looks like i am waiting for the inenvitable to happen an i am going to lose all my goods, sounds stupid but i darent leave my house i dont want the heartbreak of coming home to find i have nothing left.

i am never going to get myself in this situation again believe me -it's horrible, the last couple of months have been just terrible with this hanging over my head, even the birth of my son was ruined by this i was scared of them turning up when i was in hospital:(

if anyone has any advice it will be so appreciated!!!

[chris600uk]

Congratulations on your sons birth.

 

I take it you are still on benefits?

 

Then you should be sending a template "give it back to the council" letter.

[chris600uk]

To: Bailiff Company


 

Date:



 

Dear Sirs,



 

Re: Account reference.



 

I refer to your letter dated (enter date)informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax. 

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.)unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I am in receipt of (income support/jobseekers allowance) and am enclosing as proof, a copy of (payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to (local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of (my/our) circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority. 




 

Yours Faithfully.

 

 

This letter was designed by tomtubby and originally downloaded from Bailiff advice,bailiffs,parking charges,bailiff fees,congestion charges,fines,anpr,csa,council tax