Depressed

[Melancholy]

I have been in receipt of Income support and Council Tax benefit since 1995 due to looking after my disabled son, and I am a single parent.

 

2yrs ago I recieved a letter from the council stating I owed them council tax, I asked how it was possible due to the benefits I was on, and they claimed not to have recieved a council tax benefit form. The form in question was returned by the post office address unknown and I photographed it and sent the evidence to the benefit department that they were clearly giving a wrong address for returning forms. They acknowledged this on the phone. I then starting recieving bailiff latters some 6 months later, and I would call the benefit department and they would say it was sorted out. 3 months ago I started recieving bailiff letters for the same debt again but with huge charges on top, and a threat to remove goods and possibly jail me.

 

2 weeks before christmas a bailiff arrived on my doorstep and I refused to let him in owing to the distress it would cause my son, the bailiff was sarcastic and telling me that more charges would be added on top. While I he was there I called the benefit department and asked why do they keep doing this to me when they have a record of my benefit claims going back to 1995, they said there was nothing they could do and it was now out of their hands.

 

That evening I wrote them a letter and enclosed the bailiff letters and a copy of my benefit claims from the DWP, and last week I got a response saying that it was sorted out and that I owed them nothing, but, 2 days later I recieved a letter demanding I attend court for another sum owing from March last year to March this year. I called again and said how can it be because of the benfits I am on, they said it was to late to discuss it and that I should attend court or be found guilty in my absence. I can't go, who would look after my son?

 

Then, to add the icing to the cake I recieved a letter this week saying I owe more than £1,000 from 2004, I called and repeated the same how can it be so, the department said it was out of their hands and now referred to a bailiff.

 

I keep asking them if they are confusing me with someone else but they insist it is me. I don't have the money or the goods to give them, does this mean I will go to jail for something I haven't even done? And who would look after my son, I have no family.

[Trilby274]

OK - sorry you are having so much hassle. This is a typical example of 2 or 3 sets of bureaucrats not talking to each other and making you piggy in the middle. 1st stop is Citizens Advice Bureau. Take along copies of any letters from/to you from the various cretins involved. 2nd step might be a free half hour with a solicitor. One or other of them will write a letter telling these idiots to stop harassing you until it is all sorted out.

[Melancholy]

OK - sorry you are having so much hassle. This is a typical example of 2 or 3 sets of bureaucrats not talking to each other and making you piggy in the middle. 1st stop is Citizens Advice Bureau. Take along copies of any letters from/to you from the various cretins involved. 2nd step might be a free half hour with a solicitor. One or other of them will write a letter telling these idiots to stop harassing you until it is all sorted out.

Thank you, but I went to CAB 2 years ago and they said once in the hands of bailiffs it was unstoppable:confused: Its taken me all this time to sort it out on my own, and just as I thought it was sorted out they now produce a bill from 2004 which I don't owe, and a bill for last year upto march this year which I don't owe. I even wrote to the secretary of DWP to intervene but never got a reply.

[scatz1972]

Good advice from Trilby about Citizens Advice, you may also find your local MP a great help, mine certainly is

[scatz1972]

If you are in reciept of income support and are a lone parent then you are classed as vunerable and as such according to the national enforcement standards the bailiff should return your case to the council.

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

If you are in reciept of income support then you can ask the council to apply to take the arrears out of your IS at a rate of circa £2 a week.

 

However, as you are unsure if and what you do owe as you are on benefits and have been for some time, then I really would contact your local MP. They often run surgeries in your local area, and as I said before mine really is fantastic.

[LilyLou]

Just a thought, could DWP provide a letter confirming your receipt of benefit from 1995 to the present day? This could be helpful to you, and yes contact your local MP, also there is a free legal advice centre you can ring. Will look it up and be right back.

 

I know its frustrating but you have come to the right place, if it's only moral support we can offer to stop you feeling so low.

 

Just a thought, do you get housing benefit as well? Has that been processed ok with no problems? Id so how can you be in receipt of housing benefit and NOT council tax benefit as I presume they are applied for together and at the same time?

 

 

Take care BRB

Edited January 20, 2009 by LilyLou
More info

[chris600uk]

I have been in receipt of Income support and Council Tax benefit since 1995 due to looking after my disabled son, and I am a single parent.

 

If you have been on benefits continuously then they have to take it and deduct a £3.00 a week charge from your benefit - there is a template letter you can use, although you shouldn't need that. You can ask that the council tax to look again, they have access to the DSS database, and can ask for proof of your benefits to be sent direct to them.

 

The bailiffs should return this account to the council - that's what the template letter is for.

[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 online.

[chris600uk]

That evening I wrote them a letter and enclosed the bailiff letters and a copy of my benefit claims from the DWP, and last week I got a response saying that it was sorted out and that I owed them nothing

 

I hope you've kept that correspondence, because that should help a lot.

 

I called again and said how can it be because of the benfits I am on, they said it was to late to discuss it and that I should attend court or be found guilty in my absence. I can't go, who would look after my son?

 

Of course if you owe the tax, then they would get a liability order no matter what you say or do.

[chris600uk]

Then, to add the icing to the cake I recieved a letter this week saying I owe more than £1,000 from 2004, I called and repeated the same how can it be so, the department said it was out of their hands and now referred to a bailiff.

 

I keep asking them if they are confusing me with someone else but they insist it is me.

 

You should email every letter to the bailiffs, and cc the council tax, head of council tax, your mp, your councilor, and send a hard copy to the bailiffs.

 

Every letter to the council doesn't need an email copy to the bailiffs.

 

 

TI don't have the money or the goods to give them, does this mean I will go to jail for something I haven't even done? And who would look after my son, I have no family.

 

You are not going to jail - and the council don't want you to - you'd have to work really hard to get into jail, and they would do everything possible to keep you out.

 

What you need is help from everyone - so tell everyone because they should be concerned about your case.

[Melancholy]

Just a thought, could DWP provide a letter confirming your receipt of benefit from 1995 to the present day? This could be helpful to you, and yes contact your local MP, also there is a free legal advice centre you can ring. Will look it up and be right back.

 

I know its frustrating but you have come to the right place, if it's only moral support we can offer to stop you feeling so low.

 

Just a thought, do you get housing benefit as well? Has that been processed ok with no problems? Id so how can you be in receipt of housing benefit and NOT council tax benefit as I presume they are applied for together and at the same time?

 

 

Take care BRB

Thank you, but the council are already in reciept of my DWP claim going back to 1995. I get Council tax but not housing benefit. Do you have the legal advice phone number please?

[Melancholy]

You should email every letter to the bailiffs, and cc the council tax, head of council tax, your mp, your councilor, and send a hard copy to the bailiffs.

 

Every letter to the council doesn't need an email copy to the bailiffs.

 

 

 

 

You are not going to jail - and the council don't want you to - you'd have to work really hard to get into jail, and they would do everything possible to keep you out.

 

What you need is help from everyone - so tell everyone because they should be concerned about your case.

Thank you, I feel much better knowing that. I'd been getting terrible anxiety attacks thinking my son would be taken away.

[LilyLou]

Good morning Melancholy

 

Here is the information you need:

 

Call 0845 345 4 345

 

Community Legal Advice:

• A free, confidential and impartial advice service paid for by legal aid
  
• Mon - Fri 9am - 6:30pm
  

Hope this helps

[chris600uk]

I'd been getting terrible anxiety attacks thinking my son would be taken away.

 

No amount of money is worth that, and some of the **** that come to the door want you to believe rubbish like that.

 

This is going to be an ongoing problem for you for some time to come so take the time to read other peoples experiences on here, you will learn from it, and it will empower you.

 

And then, when bailiffs call, instead of feeling panic and stress, you will know exactly what to do and what not to do.

 

That's the point really - it doesn't matter how much advice you get or where you get it from, because it's only you that will be facing the bailiff.

[Melancholy]

Thank you all very much for your kind assistance:)

[chris600uk]

many of us have already been there or are still going through it - we know what it's like.