Coucil Tax Repayments/Bailiffs

[seeker27]

Hi Folks,

 

I received a letter on friday(20/3)- from a bailiff(although it is a photocopied letter with the name and address of the DCA at the top). On it is the bailiff's name, Mr X, and his mobile number. I have spoken to Mr X on his mobile twice, the latest being today. On friday he said he'd ring back, can't say if he did or not; anyway we spoke today.

 

The Council Tax Arrears is £500, and I have been paying £100 a month without fail, well until the end of February that is. This due to a number of reasons, one of which was my debit cards going missing and having to be replaced! Anyway I paid my February amount on the 20th March(admittedly 19 days late).

 

Mr X has spoken to me on the phone informing me that I owe £320! I responded by saying the amount I owe is actually £180, as when I paid the amount on friday I was told of the outstanding balance(automated machines - hate 'em!). I then went on to inform him that the February payment has been paid and that it is my first late payment, I only have two more left - the next one due on friday!

 

I asked Mr X how he arrived at £320, and he replied by telling me it was his fees; I don't know which firm he works for because his letter had

the DCA's letterheading on it plus his mobile). At this point I broke down because I have been paying the arrears religiously and then miss one payment and suddenly I'm looking at £320 instead of £180! I told Mr X that this treatment was harsh as the DCA did not contact me to ask why I had not paid my agreed monthly amount. I told him I was at the end of my tether and ready to end it all. He then told me he was putting his kneck on the line by saying he'd give me until 16th April,2009 to pay the £320. I said I was not promising anything and would get in touch with Council.

 

I have now calmed down but am still upset as everything has landed on me at once. I am not looking for sympathy as this situation is my fault - the late payment - I accept that. What upsets me is the bailiffs £140 on top of my arrears! I havent seen him as he has not been here! We have spoken on the telephone, thats all.

 

I would be most grateful if someone can help me with regards as how to handle this. I have read that a bailiff cannot enter my house to collect goods as I owe council tax arrears and not a speeding fine etc.

 

Sorry for the length of this post - HELP - I need it now!

 

A sad:confused:Seeker27

[tomtubby]

Hi Folks,

 

He then told me he was putting his kneck on the line by saying he'd give me until 16th April,2009 to pay the £320. I said I was not promising anything and would get in touch with Council.

 

 

Sorry for the length of this post - HELP - I need it now!

 

A sad:confused:Seeker27

 

 

He is putting his neck on the line as he is attempting to charge you an "attending to remove" fee of £140 !!!

 

Before responding with an accurate reply can you please confirm whether a bailiff has ever been into your home and whether you have signed any agreement.

 

If not, then this should be ok and easy to sort out. Please do post back.

[tonycee]

I havent seen him as he has not been here! We have spoken on the telephone, thats all.

 

Was the original agreement to pay £100 made over the phone.

 

I have read that a bailiff cannot enter my house to collect goods as I owe council tax arrears and not a speeding fine etc.

 

If you have not signed anything to give them permission to levy on your goods ( Walking Possession Order ) then they cannot just turn up to remove them

 

This will not stop them from trying. You need to be strong.

 

 

Have a read of >>>>>This

[seeker27]

He is putting his neck on the line as he is attempting to charge you an "attending to remove" fee of £140 !!!

 

Before responding with an accurate reply can you please confirm whether a bailiff has ever been into your home and whether you have signed any agreement.

 

If not, then this should be ok and easy to sort out. Please do post back.

 

Tomtubby,

 

Hello and many thanks for taking the time to help an old fool like me out! In regards to bailiffs I can honestly say that no bailiff has ever entered my home and I havent signed any agreement.

 

Thanking you in advance.

 

seeker27

[seeker27]

Have a read of >>>>>This

 

Tonycee,

 

Many thanks to you also! It really is appreciated. In answering your first question I cannot with full certainty answer it, I think it may have been agreed over the telephone - the £100 per month installments.

 

I have not signed any agreement and no bailiff has entered my home. I shall look through my paperwork to see if I have a written or verbal agreement with the DCA.

 

Thanking you in advance.

 

seeker27

[tomtubby]

To:

Bailiff Company

 

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 liability order etc against me, in respect of council tax etc.

 

From your files you will be aware that I made an arrangement with your company to pay this debt at the rate of £100 and apart from a payment due in February all such payment have been made on time and I calculate that the debt outstanding to your firm is now just £180.

 

The February payment was made to your firm in March and the March payment will be paid by the end of this month. I am therefore NOT in arrears with any payment arrangement.

 

Your firm have now used this delay as an excuse to make a bailiff visit and I am now advised that the debt outsanding is now xxxx.

 

I wish to make your company aware that I have never had a visit from a bailiff from your company and for this reason the charge that should be made for this unnecessary visit is just £24.50 for "attending to levy". Instead it would appear that your bailiff is attempting to charge me an "attending to remove" charge but this may only be applied if a bailiff has previously visited and levied upon goods. No such levy has ever been made.

 

Can you please provide an immediate breakdown of my account to include a copy of the Liability Order as proof of the amount of the debt passed to your firm. In addition, I require that you immediately remove this charge from my account and detailed above.

 

I am copying this letter to the local authority.

 

 

 

Yours Faithfully.

[smee76]

If they have never been into your house then don't worry as they cannot charge this fee. ALL bailiffs will try it on, but that is all they are doing because they know they are not allowed to make these charges. Someone will be along soon to tell you how to proceed, as I am still a novice at this, but thanks to this forum and tomtubby I know a lot more about what bailiffs can and can't do.

[seeker27]

To:

Bailiff Company

 

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 liability order etc against me, in respect of council tax etc.

 

From your files you will be aware that I made an arrangement with your company to pay this debt at the rate of £100 and apart from a payment due in February all such payment have been made on time and I calculate that the debt outstanding to your firm is now just £180.

 

The February payment was made to your firm in March and the March payment will be paid by the end of this month. I am therefore NOT in arrears with any payment arrangement.

 

Your firm have now used this delay as an excuse to make a bailiff visit and I am now advised that the debt outsanding is now xxxx.

 

I wish to make your company aware that I have never had a visit from a bailiff from your company and for this reason the charge that should be made for this unnecessary visit is just £24.50 for "attending to levy". Instead it would appear that your bailiff is attempting to charge me an "attending to remove" charge but this may only be applied if a bailiff has previously visited and levied upon goods. No such levy has ever been made.

 

Can you please provide an immediate breakdown of my account to include a copy of the Liability Order as proof of the amount of the debt passed to your firm. In addition, I require that you immediately remove this charge from my account and detailed above.

 

I am copying this letter to the local authority.

 

 

 

Yours Faithfully.

 

Tomtubby,

 

many thanks for the letter! much appreciated, also thank you for taking the time and effort to help me out.

 

seeker27

[seeker27]

If they have never been into your house then don't worry as they cannot charge this fee. ALL bailiffs will try it on, but that is all they are doing because they know they are not allowed to make these charges. Someone will be along soon to tell you how to proceed, as I am still a novice at this, but thanks to this forum and tomtubby I know a lot more about what bailiffs can and can't do.

 

Smee76,

 

and to you also go my thanks! It just shows you what lengths these bailiffs will go to, which is abhorrent. This site is a much needed resource of information, help and support.

 

seeker27