council tax please help..dont know what to do

[thebaglady]

Hello, and can i firstly say how brilliant this site is, i have been browsing, and tried to work out how to help myself from other posts, but i am too scared, and feel i need specific help/advice.

 

So here goes....sorry its so long

 

We - my husband and i are being hounded by council tax bailifs, i have tried to come to an arrangement with council a few months ago, and have made some payments. We owe 1547.76 - from this current year and part of last year. I am not sure if the debt is with the bailiff or back with the council - please dont suggest i ring or visit them as i am too nervous to do it. This seems so silly, but it is how i feel, my husband cant do it either, it is me that always deals with bills/debts etc - he is more rubbish than me at facing people. But please dont think i cant deal with people via letter, i can and will do so, just need the right advice.

 

The bailiffs (dukes) are now demanding, 3200.00 from our previous home which was repossessed, last October. We were under the impression that there was enough money left in equity - 20,000, to pay that off, they had a charging order, and also enough to pay off the secured loan we had of 10,000. I think most of the rest of the money must have gone in charges etc.

 

I would like to pay all this money that we owe, but we are just a normal working couple, and there is no way we can pay at the rate i just know they will expect - i do understand this is a priority debt. I am hoping to make an arrangement to pay it, while also allowing us to pay the current council tax bills when they come in, so we keep upto date.

 

The bailiffs left a note last week, listing my husbands taxi, which is a leased vehicle, we have been woried sick, as he has just got back to work properly since January, and only had vehicle 2 weeks....

I would really appreciate any help with letters, who do i contact, council or bailiff? I think i need to ask for a breakdown, to see if figures are correct, on all money owed.

 

We are petrified we may go to prison - the letter mentions this is a possibility. We have other debts too, and will be posting asking for help or those too, some are statute barred, but need to get this sorted out first, as it is affecting our health. We are awake most of the night worrying.

 

Many thanks in advance - I hope this is the right place to post, and that you understand this looooooooooooog post.

[thebaglady]

Oh dear, is there nobody that can give me some advice on this, or am i posting incorrectly?

[silverfox1961]

Hi there,

I can tell you that you're not being ignored. there are some good people on here that can help. Perhaps it was because you posted at such a late hour that your post was missed. If no replies come your way, keep bumping your post so that it keeps appearing in new posts and I'm sure someone with experience of bailiffs will pop up.

sorry that I can't help

 

fox

[silverfox1961]

Try reading this thread.

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/168501-council-tax-baliffs.html?highlight=dukes

 

There is some bits in there that are similar to your own.

 

Try searching for "dukes" and you'll be surprised how much there is about them

 

fox

[thebaglady]

Thanks so much - i will do that.

[thebaglady]

Anyone help?

 

I have spent all day composing 2 letters, one to council and other to Dukes, took advice from other letters and tried to adapt them to our situation.

Basically what i have done is work out every penny we can spare for council tax - a one monthly payment, which is 230.00. Which i have worked out will more or less pay this current balance off before next bill arrives in April 09, then i will pay the expected payment so as to not get behind again, and then pay the rest of the 230 towards my previous property.

This is based on an income and expenditure form i completed for council a few months ago - i have clawed as much money as i can from everything, with priority given to rent, council tax, gas and electric, and food. I just hope they will take the debt back from the bailiffs and allow us to pay council direct, i have paid 100.00 today off the current bill, in the hope that they realise we are taking this seriously.

We dont have credit cards, but will have about 50.00 emergency money left over each month to offer other creditors.

But i will try to deal with those once this council tax is sorted out.

I have asked both council and bailiff for a breakdown of charges - as i think they have added much more on than they should (thanks to reading this site). Also i think the debt from previous property could be reduced as i am not sure they have adjusted balance from when we had property repossessed in Oct 07.

 

Hope i have done this right, i am scared they just wont accept it.

I just want everything dealt with as we are afraid of opening the door and the postman calling.

 

sorry again for this long post.

[ss002d6252]

There should be a class L exemption on your previous property from the date of repossession.

[thebaglady]

Do you think this is posted in the correct place, as it is my first post, wasnt quite sure.

[thebaglady]

There should be a class L exemption on your previous property from the date of repossession.

 

 

Thanks, so does that mean the liability charges could be reduced if they have charged upto April 08 instead of date of repossession, Oct 07?

[Conniff]

Don't worry about your husbands car. They cannot take tools of the trade especially the only tool for earning.

 

As the car is not his, that is the main reason they cannot touch it, it does not belong to your husband so cannot be included in 'property and chattels'.

 

They will probably want to see the leasing contract though.

[martin2006]

They will do an hpi check before trying to remove it. which will cleaely show it not his.

Dont let them in your home under any circumstances!!!

[thebaglady]

Don't worry about your husbands car. They cannot take tools of the trade especially the only tool for earning.

 

As the car is not his, that is the main reason they cannot touch it, it does not belong to your husband so cannot be included in 'property and chattels'.

 

They will probably want to see the leasing contract though.

 

Thanks for that, its reassuring about the car, and we have all the relevant paperwork, if needed.

[thebaglady]

They will do an hpi check before trying to remove it. which will cleaely show it not his.

Dont let them in your home under any circumstances!!!

 

 

Thanks - i definately wont let them in, i dont open the door anymore, unless i know who it is.

[lookinforinfo]

Baglady, I am so sorry to hear what you are going through.

As the bailiffs have written to you about the taxi, you would be best to write to them straight away advising them that the taxi is on a lease, and even if it were not, because the taxi represents the tools of your husbands trade, they are precluded from seizing it anyway.

Send them a copy of the lease [omitting the finance side of it] and sending it recorded delivery. Keep a copy of the letter and do not lose the postal receipt

as you may need it should the bailiffs still clamp the car. They should not, but they are prone to ignore the Law.

Might be an idea to park the car away from your house until they have accepted the position.

[thebaglady]

Baglady, I am so sorry to hear what you are going through.

As the bailiffs have written to you about the taxi, you would be best to write to them straight away advising them that the taxi is on a lease, and even if it were not, because the taxi represents the tools of your husbands trade, they are precluded from seizing it anyway.

Send them a copy of the lease [omitting the finance side of it] and sending it recorded delivery. Keep a copy of the letter and do not lose the postal receipt

as you may need it should the bailiffs still clamp the car. They should not, but they are prone to ignore the Law.

Might be an idea to park the car away from your house until they have accepted the position.

Thanks for your advice, i will send the lease agreement tomorrow. I have written a letter telling them that the car is a taxi (it has a plate and council logo on it), and also it is on a lease, and doesnt belong to us.

I have made an offer to the council and asked them to take the debt back, also paid 100.00, so fingers crossed.

I am considering getting my local councillor involved - may just wait and see what response i get first?

I am just so glad to have found this site, i am still worried sick, but know others have and are still going through similar problems.

I have got another big problem though - I AM NOW ADDICTED TO THIS SITE:D

[Conniff]

If the council does take it back, you will still be liable for the bailiffs fees up to the point they took it back.

[pompeyfaith]

I would certainly send an email to you councillor they maybe able to help you after all thats what they are there for.

 

i send my councillor an email at 5.15 pm yesterday about my council taking there time in paying me a very large amount of money due to overpaying my bills since 1993.

 

I got a call from my councillor at 5.30 that evening some 15 mins later and he made an appointment with me at 12.00 pm today for us both to go to the civic centre to get it sorted.

 

End result got my money today at 12.15.

 

Just email you councillor and he or she will contact you.

 

Regards

 

Leon

[thebaglady]

If the council does take it back, you will still be liable for the bailiffs fees up to the point they took it back.

 

Yes i am sure that is something i will have to deal with, but i would need the figures checking first, as i think they have charged excessively.

 

I have no problem with paying them, but only the correct amount, they are entitled to.

[Conniff]

They should have given you a scale of charges, if they have not then ask for one.

[lookinforinfo]

Baglady, I can understand you not wanting to talk or visit the bailiffs, but it would be better if you could pluck up all your courage and see your Council.

 

You have a perfect right to go in and ask how much is outstanding for this year and last year. And they will tell you how much they added to those amounts in the way of Court costs. From that you may well have it confirmed that you are being overcharged by the Bailiffs.

 

If you still don't feel up to it, you can send the bailiffs an sar along with £10 and ask for the name and certificate number of the bailiffs involved and when and where they were certificated. You also want a breakdown of all the charges they have applied. A copy of the warrants that they have in relation to the Council. From that you will see how much your debts started off at

with Dukes and from there you may be able to work out if there is overcharging.

[lookinforinfo]

Baglady, I am sorry to have misinformed you on the previous post. Apparently it is fairly pointless to send bailiff companies sars because that do not bother to respond correctly.

Please read this post by BURP to get the info that you need. He is a big help on the Bailiff section and it might help you to visit that section and read some of the threads there which may give you a help with your own bailiff company.

Here is his post-

 

Paying ten-quid for a S.A.R. is a mugs game; you get a printout telling you diddly-squat! This one cost nothing and evidently gets results hole-in-one, usually with all unlawful fees refunded without further ado!

 

It can be used by anyone trading in bailiff fee recovery

 

It works on almost any debt up to six years after paying a bailiff

 

It works even if the debtor havn't paid any money to a bailiff yet

 

You don't need to know what the debt is for, or the name of the creditor

 

It serves as a Letter Before Action

 

It has an infallible set of follow-up templates. You can’t lose!

 

 

Quote:

The Omnipotent Bailiff Co, Plc

Their Address 1

Their Address 2

Their Address 3

Postcode

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Fee irregularities. Opportunity to compensate

 

I write following visits by your bailiff however there appears to be irregularities with your fees. I ask you to provide the following within fourteen (14) days:

 

1) The name of the certificating court and certificate number for the bailiff in charge

 

2) Written confirmation of a) your fees, and b) the original debt

 

3) Truthfully confirm in writing your fees are lawful and comply with regulations prescribing bailiffs fees

 

4) The name and address of the person or body you act for

 

If you cannot complete the above, please unconditionally pay me within fourteen (14) days a refund of all unlawful fees and unconditionally pay me compensation of £4999.00 for failure to comply with the law prescribing your fees and I will consider this aspect of the matter closed.

 

If I later find an irregularity with your fees within the statutory time limit of 6 years as prescribed under Section 2 of the Limitation Act 1980, I will enter no further correspondence with you and automatically file a Form 4 at court for dishonestly defrauding me with your fees. This may also involve a criminal investigation by police and your bailiff and firm's director(s) may receive a criminal record for assisting an offender, benefiting from proceeds of crime and committing offences under the Fraud Act 2006.

 

This document is delivered by Royal Mail and I deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

YOUR NAME

 

Just insert the name of your bailiff company at the top of the letter and send it off. Make sure you keep a copy.

[thebaglady]

Thanks to all of you that have advised me, the above letter is very similar to the one i have sent the bailiff. I think i have made all relevant points, and told them i am only going to pay council direct - due to them not accepting an affordable offer. I have kept copies of both letters, the council one and bailiff one.

The reason i believe they have charged me accessively is from what i have read here. The letters they keep leaving show an increase of hundreds each time.

I am hoping the council will help us.

[naughtykitten]

Hi I hope i you are getting somewhere with this!

 

I would also agree that it is a very good idea to pluck up the courage to speak with your council about this, even though if they are anything like my council they will be horrible to you on the phone, at least you would get more information from them about what they are expecting & if there is a way for you to work with them to get the bailiffs off your back. It is also a good idea for you to speak with the Citizens Advice Bureau if you haven't already & they can let you know where you stand & what you can do to help you out of this situation.

 

Council bailiffs unfortunately can have more power than a standard bailiff in that the council can grant them warrants to enter your property without permission to seize goods. They are not allowed to remove any 'tools of the trade' as said on here previously, but they can in some situations get access to your property without your permission which is why I would advise you speak with both your council & CAB to sort this out.

 

I really hope you get this sorted! Good luck & let us know how it goes!

[thebaglady]

I just thought i would update this thread in the hope that it will give people some relief from the stress when dealing with council tax.

 

I have had my council tax accounts returned to the council, after lots of letters and advice from this site. The help has been invaluable.

 

I am now paying off my bills via Attachment Order's, 1 has been paid off already, now they have demanded 2 from my employer, totalling 297.00 per month. I have written and asked that this be reduced, as it is causing me many financial difficulties, the council have said they are prepared to cancel one of them provided i send in a financial statement and proposal for clearing the debts. I have asked that they clear them via AO, one at a time. I am awaiting the reply.

 

I must say they have upto now been very reasonable with me, since i started sending in the letters composed from this site.

 

So i just want to say to anyone else good luck and keep going with the correspondence, i never spoke face to face or on phone - only via letter.

Hopefully you too will have a positive result.

[angmarie]

Baglady

 

Can you advice me please.

We have been struggling with current year council tax payments, we missed couple of D.D.

Then I wrote to them explaining our situation and that we are prepared to pay what we can. The Finance director wrote back saying under the circumstances he would give us bit of slack.

Two days later which was last Thurs we received attachment of earnings form for hubby.

We been so worried all week end we dont know if his work know yet he has been there 20 years and will be so embarrassed.

Also how much will they take bill is 1100, if they take it all we will lose our home, not be able to buy food.

Dont know how attachment orders work

 

Help Please

 

 

Ang