Need help, bailiff came round yesterday out of the blue!

[the_blue_cat]

Hi all

 

Got home from work yesterday evening to find a letter from a bailiff in regards to a council tax debt from about 2 years ago. Well i called the council and confirmed that i do owe it, and to be honest I'm happy to pay it.

 

Like a good boy I calls the Bailiff and ask to pay half now and the rest at the end of the month. However he flat out refuses this unless he can enter the property. Well no chance of that ever happening.

 

So what do i do now. i want to pay, but I don't want to be conned and ripped off. Just wish the coucil had bothered to let me know that i still owed them money as i was happily still paying them council tax from another house.

 

 

Help

[scatz1972]

Hi

 

If you have a car move it away from your property otherwise the bailiff will levy on it, and what ever you do do not let the bailiff in.

 

What I would do is cut the bailiff out of the equation, pay the council direct online under the correct billing reference number. The council cant refuse payment.

[the_blue_cat]

I don't own a car, but I'm worried because i live with my girlfriend and she owns a car. however the claim is directly against me from a time long before i even met her.

 

Wold it not be advisible to just send a letter to the bailiff's informing them of the dates i will pay and a cheque (as it will only be two payments)? I just don't want the stress and hassel, i just can't cope with all that.

[scatz1972]

I wouldnt, but its your choice..just be wary of the bailiff adding bogus charges to your account. The amount that a bailiff can charge whilst collecting council tax is laid out in a statutory fee scale, and so long as you do not allow the bailiff to enter your property of levy on any good then they can charge £24.50 for the 1st visit (where no levy was made, i.e you were out) £18 for a second visit again where no levy was made, a bailiff can charge for no further visits. The fees are a little cheaper if you live in wales.

 

If you want to deal with the bailiff company then I found this letter in the forum wiki, you need to adapt it for you situation, send it recorded, send a copy to the council and keep a copy.

 

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 warrant/liability order etc against me, in respect of (a parking charge notice/council tax etc).

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 aware of my rights, and that I will not allow a bailiff to enter my home peacefully to levy on my goods.

I would like to make it clear that I am not refusing to pay this debt, but I am unable to pay the entire debt at this present moment. Instead, I would like to offer to repay this liability by way of monthly payments of (enter amount) which as you can see from the enclosed income & expenditure, is the maximum amount that I could afford each month. I would be grateful if consideration can be given to accepting this proposal, and as a gesture of good faith, I am enclosing a first payment of (enter amount).

I am aware that under the Council Tax Administration & Enforcement Act 1993 (as amended), you can charge a first visit fee of £24.50 and a second visit fee, if necessary, of £18.00. No further visit fees can be imposed.

OR

I am aware of the fees and charges permitted by your company as provided under the Enforcement of Road Traffic Debts. (Certificated Bailiffs) (Amendment) Regulations 2003.

I would be grateful if you could confirm receipt of this letter and confirmation also that (payment terms have been agreed. I am copying this letter to my Local Authority. (ensure that you keep a copy)

Yours Faithfully.

[the_blue_cat]

The legal advise I've received from the solicitor, advises me to make a complaint to the county court regarding the refuseable of a perfectly reasonable offer of payment.

 

Personally I just want this paid off and no more hassel.

[the_blue_cat]

So if i just pay online with the council, will the council notify the bailiff's to stop the harrassment?

[scatz1972]

No the council wont notify them. The problem with paying the bailiff is that they more than likely add on bogus charges and by law they are allowed to deduct their so called fees before paying the council.

 

So long as you dont let the bailiff in and they dont levy on anything then they can add £24.50 for the 1st visit and £18 for the second, no more fees even if the visit a hundred times.

 

So pay the council direct, ignore the bailiff, get your girlfreind not to park outside your home just for now, as the bailiff is allowed to 'assume' that the car is yours. If the bailiff is crafty and does attempt to levy on her car then be prepared to show evidence that the car is hers. When the council bill is 100% clear then the bailiffs may attempt to chase you for their fees alone, which is doubtful but in anycase it would be no more than £42.50 if they visit twice.

 

Heres a factsheet on bailiff collecting unpaid council tax, it may help ease some of your fears.

 

National Debtline England & Wales | Debt Advice | Factsheet 02 Bailiffs And Council Tax

[the_blue_cat]

Thanks for that, it's extremely helpful. I'm going to get an advance on my salary for next month and pay the council direct straight away. Send letters out to all parties straight away advising of my actions, nicluding a complaint to the county court in regards to the refusal of a perfectly good offer.

 

This sites been great.

 

I'll update on how things get on. I'm mostly peeved off at how it's gotten to this stage without me evening knowing about it.

[Ell-enn]

Make sure any letters you send are by recorded delivery! we wouldn't want the bailiff company (or any of the others for that matter) to say they didn't receive them, would we also make sure you print off the signature receipts from the Royalmail website a few days after posting.

[scatz1972]

Remember to send all letters recorded delivery, and keep copies of everything.

[scatz1972]

Ell-enn beat me to it

[the_blue_cat]

I'm trying to make a payment online but its not accepting the ref number!!

 

Any suggestions?

[scatz1972]

I'm trying to make a payment online but its not accepting the ref number!!

 

Any suggestions?

 

 

Does your council have an automated telephone payment line? you could try that, alternatively you could send a cheque by recorded delivery, but makes sure that you make it 100% clear that its for THESE arrears, write the ref number and billing year on the back of the cheque and send a covering letter.

[the_blue_cat]

No worries, i was stupid an panicked, missed off a number. Haven't paid all of it (there were two seperate bills as the someone moved out and the C Tax account had changed). Paid off the big one for £300, only the little one for £147 remains. That will get paid in a few weeks by the same method.

 

Now for the letters.

[the_blue_cat]

Well I paid the whole lot off with the council on the website. I'm jsut writing them a letter at the moment advising it's been paid and asking them to withdraw the warrant from the bailiff's. I'm still a bit worried that the bailiff will still pester us for the fees, both myself and my partner are completely stressed out by this.

 

I'm also writing a letter to the bailiff company telling them that it's been paid off directly in full, and that again i know exactly what they can and can't do and also that i have no vehicles or possessions outside of the property.

 

DO you think the council will take it back? or if not how long before the bailiffs get sick of pestering us?

[hallowitch]

if you have paid the council the full amount then the liability order has been paid therefore there is no warrant for the council to get back from the bailiff if the letter you received from the bailiff was hand delivered you owe the bailiff £24.50(your choice whether to pay it or not ) if the letter was posted to you you owe the bailiff nothing

 

this is only my opinion and someone with more knowledge than me will be along soon to confirm/deny what i have said (but i think i am correct in what i have said)

[the_blue_cat]

if you have paid the council the full amount then the liability order has been paid therefore there is no warrant for the council to get back from the bailiff if the letter you received from the bailiff was hand delivered you owe the bailiff £24.50(your choice whether to pay it or not ) if the letter was posted to you you owe the bailiff nothing

 

this is only my opinion and someone with more knowledge than me will be along soon to confirm/deny what i have said (but i think i am correct in what i have said)

 

 

As I've paid it all off (except charge) does that mean the Bailiff will still try to get a walk in possession?

[hallowitch]

I'm not an expert by no stretch of the imagination but i think that now you have paid the council they cannot do a walking possession for there fees the liability order was for council tax it has now been satisfied therefore they have no legal rights to enter your property

[the_blue_cat]

Well today i sent a letter to the Bailiff company telling them that i've paid the council in full directly and enclosed copies of the receipts. Further advising them that in any circumstances no one will be allowed into the premises and that i don't own any property or vehicles outside the premises (i can't drive).

 

Also sent a letter to the council with copies of the receipts explaining that i tried to pay the bailiffs initially with an extremely good offer of half now half in three weeks but was refused as he wanted to make more money with a walkin posession (i think not and quite rightly told him so, also quoted the legislation to him regarding payment at an resonable level that I can afford).

 

Both were sent recorded delivery. I get's home this evening to find that he had been out again this afternoon but didn't bother knocking as my partner was asleep on the couch looking out over the garden (where our front door is), he nicely left me a walkin possession form with nothing listed and some Direct debit slips in my mailbox. A tad optimistic me thinks!

[chris600uk]

Yes very optimistic!

Considering what section 45 subsection 3 says.

Just to satisfy yourself you should read it here: The Council Tax (Administration and Enforcement) Regulations 1992

[tomtubby]

I'm not an expert by no stretch of the imagination but i think that now you have paid the council they cannot do a walking possession for there fees the liability order was for council tax it has now been satisfied therefore they have no legal rights to enter your property

 

Can I just correct a few errors in the responses to this post.

 

Firstly, when dealing with bailiffs you must put EVERYTHING in WRITING.

 

The bailiff company REFUSED your offer of payment and therefore you can quite rightly pay the council as long as you tell them WHY.

 

Your solicitor was WRONG in the advice given to you about making a complaint to the County Court about the the company refusing payment. There is NO provision within the law to make a complaint about the COMPANY to the Courts. You can ONLY complain about the individual bailiff.

 

Any complaint MUST be made to their instructing party....the local authority.

 

Finally, even though you have paid the Liability Order this has NOT meant that the liability order is cancelled. This is because the regulations clearly state that bailiff fees must FIRST be deducted. Therefore you MUST pay the bailiff for BOTH visits. Send a LETTER to advise that you are paying £42.50 ( 2 visits...£24.50 and £18.00).

[the_blue_cat]

Can I just correct a few errors in the responses to this post.

 

Firstly, when dealing with bailiffs you must put EVERYTHING in WRITING.

 

The bailiff company REFUSED your offer of payment and therefore you can quite rightly pay the council as long as you tell them WHY.

 

Your solicitor was WRONG in the advice given to you about making a complaint to the County Court about the the company refusing payment. There is NO provision within the law to make a complaint about the COMPANY to the Courts. You can ONLY complain about the individual bailiff.

 

Any complaint MUST be made to their instructing party....the local authority.

 

Finally, even though you have paid the Liability Order this has NOT meant that the liability order is cancelled. This is because the regulations clearly state that bailiff fees must FIRST be deducted. Therefore you MUST pay the bailiff for BOTH visits. Send a LETTER to advise that you are paying £42.50 ( 2 visits...£24.50 and £18.00).

 

Ah right, everyone on here keeps saying not to pay the charges, and personally I don't feel obliged to pay them due to the attitude of the guy. However if it gets them off my back then I'll send them a cheque next week when i get an advance on my wages.

[the_blue_cat]

I have a few questions in regards to the bailiff's fees. I've read various reports on this forum saying that if you pay off the council directly you aren't legally obliged to pay the bailiffs. How correct is this statement?

 

The other is for the second visit was after i had paid off the council in full so should i still be liable for that fee?

[felicity2009]

You aren't liable for any fees, so don't pay them. If the bailiff wants his wages he can ask the council. This seems to me to be the coucil's mistake in the first place. They could have always asked you nicely for the money. Specially if you'd moved within the same local authority area.

 

You are not liable under law for mistakes made by third parties. If the bailiff feels himself put out, its the council who put him out and the council who must sooth his hurt feelings

 

Paying off a bully only encourages them.

 

Even when you think hes given up, I'd still ask my girlfriend to park her car elsewhere for maybe six months. If he levys her car hes in the wrong anyway and she can have it back.

[the_blue_cat]

 

Even when you think hes given up, I'd still ask my girlfriend to park her car elsewhere for maybe six months. If he levys her car hes in the wrong anyway and she can have it back.

 

Is that still legal to levy property if the only thing outstanding according to them are the fees?