bailiff Andrew James Enforcement CTAX debt at my door a few weeks ago

[tottys]

afternoon all have received a summons today from the council as they cancelled the hold they put on my council tax for this year....

3 questions

1)there is no mention of whats owing to the bailiffs on the summons so anyone know why this is not on there is it normal???

2)if i offer £40 per week what would the chances of the council excepting this and would they stop the court order if they except a weekly payment plan off me????

3)also if they except £40 per week what will happen to the remainder of the debt that's to be paid to the bailiffs????

[hallowitch]

what does the summons say

[tottys]

that i am due in court on 18 of this month and if i dont dispute that i owe the money i dont have to turn up and if i cant pay all the monies then to phone the council to discuss the matter further (although i know what they are likely to say)...then its got this years amount of council tax owing plus court costs of £40...

thanks for your help hallow....

[RaeUK]

Hi tottys, how are you?

I would guess that there is no mention of bailiffs because this is for a different ct bill. As you said, it was on hold but the council have now stopped that and are taking you to court for non-payment of that one. I suspect the bailiffs are involved with an earlier bill. They'll get this one as well if you cannot make an agreement with the council.

If it's as I suggest, up to you what you do. Personally, I've always toddled off to the court [lost count how many times now...]. If it's anything like here, you don't see a Judge or anyone other than a couple of council representatives in an interview room. You may have to hang around a bit as there's usually quite a few in the same boat. If you take a copy of your income/outgoings it'll help you negotiate. Explain your problems and offer a fiver a week to start and take it from there. Whilst you're at it you can mention the hardship and anguish their bailiffs are currently causing and can they take the file back to improve your chances of paying it...

Good luck.

Rae x

[tottys]

hi kelco thanks for your reply...will be phoning the council in the morning and am hoping and praying that they will except my offer so i wont have to go to court dont think i could face that one at the moment...but knowing my luck they will just turn round and tell me to sod off...so nice of them to arrange it for a week before xmas just what i need

[wonkeydonkey]

your GP can intervene by writing to the court and council declaring you as unfit to attend the court due to depression/stress etc; I had a friend who with help from her GP sent so many letters to the court they eventually struck out the action and that was the end of it she never heard from them again !!

wd

[RaeUK]

Ok hunni. But whatever you offer do make sure it's affordable. Take care and let me know how you get on...

Rae x

[tottys]

after lots of talking to the council have finally spoken to an understanding person who has finally set up a arrangement for me coming in at £30 per week which will be just about manageable for me.....so much off my mind for now..but as the case is up in court on friday this week what will happen then will it then be passed to the bailiffs or as i am now paying the council direct will they leave it at that as i am paying weekly now they said i didnt have to turn up to court on friday which is good news for me as i dont think i could have handled that they also seem to set it for a very inconvenient time for me which meant i would not have been able to turn up on time even if i had to go...so if on firday they decide to hand it over to the bailiffs what rights do i then have with the bailiffs do i have to let them in as they already have a walking from the last time...or can i refuse entry this time????

[hallowitch]

you don't have to let them in each year is a separate issue

 

they cant use the walking possession agreement they have to gain entry for a new liability order

[ploddertom]

after lots of talking to the council have finally spoken to an understanding person who has finally set up a arrangement for me coming in at £30 per week which will be just about manageable for me.....so much off my mind for now..but as the case is up in court on friday this week what will happen then will it then be passed to the bailiffs or as i am now paying the council direct will they leave it at that as i am paying weekly now they said i didnt have to turn up to court on friday which is good news for me as i dont think i could have handled that they also seem to set it for a very inconvenient time for me which meant i would not have been able to turn up on time even if i had to go...so if on firday they decide to hand it over to the bailiffs what rights do i then have with the bailiffs do i have to let them in as they already have a walking from the last time...or can i refuse entry this time????

 

Regardless your best bet is attend so if necessary you can put your own points forward that have been decided. The chances are it will be you and xxx others. If you don't go then it is harder to have anything altered/overturned as the pirinciple of being offered a chance springs to mind.

 

PT

[tottys]

its been a long time now since i have heard from the bailiffs but came home today to a letter saying if i dont pay the remainder of what is left then they will be forced to act on the liability order does this mean they have now been back to court to get the permission to break in to my house and remove my goods they have also asked me that if i dont contact them with payment then to contact them for a suitable time for them to come and collect my things....

[hallowitch]

hi tottys long time no see

just remind me again what was on the levy

have you been paying the council

[tottys]

evening hallow nice to be talking to you again....

on the levey was one wooden table and chairs

one microwave (not working)

one wooden unit

dvd player (which is still on hire purchase)

am paying the council £30 per week but i think they are taking this years off it....

[hallowitch]

they need permission for the council to get in to remove the goods I'm not quite sure if the have to go to court to get this though

 

I have something new that might help

the goods levied must cover all bailiffs fees plus a portion of the debt (including bailiffs removal fee auction fees if removed) these goods clearly don't

[tottys]

god they wouldn't even cover their petrol cost they have to take the dvd player off as its on hire and that would mean taking most of what they would get at auction as its the only thing worth any value i only paid £30 for the unit and that was brand new in argos 5 years ago so the price will be going down rapidly lol they looking at getting £30 for the lot now but my one concern is that they can take more than what is on the levey.....if they take the kids tvs thats me knackered cos its the only way they will go to bed if they have a film on in the night..and i cant be doing with losing any more sleep am struggling with the few hours i do get now lol

[tottys]

just reading your post again hallow and have just realised that on the letter they said that if they come back and remove they will yet again add more charges for removing am really ped off with this as the fact that they added £220 for this already then to go and add even more for doing it again is wrong and am not going to take this lying down no more

[ploddertom]

I think they are chancing their arm and trying to use you as an ATM. The goods they have levied on if removed would hardly cover the auctioneers costs alone let alone pay anything to what you owe. Alsoyou say the DVDis on HP - have you provided themproof of this. Therefore the levy should be seen as invalid and all these charges removed.

 

If you have an agreement with the Council to pay why are theses peolple still chasing or have the Council not told them. Contact your local Councillor this evening and explain all- invite them round and show them the type of tricks the Bailiff gets up to with you and others.

 

PT

[hallowitch]

ploddertom

 

she has been in touch with the council her MP and mayor and they(the council& bailiffs)still say they have a valid levy

[tottys]

no i haven't told them yet that the dvd player is still on hp it was a long time after their visit that i found out it was still on hp and if the levey is removed what would happen to every thing that has been paid off as they take their fees first i will still have a lot to pay will the council then take it back i thought that the council had added it on to this years bill but i was a bit naive there and it has not i dont mind paying the bailiff fees just not at the rates they are asking for will gladly pay for their visits but not for a car to turn up and give me a letter and threaten removal and then charge me £220 for the experience

[hallowitch]

I thought you had sent the bailiffs a copy of the HP agreement

[tottys]

sorry hallow think you might be right my head is not with it at the moment have so much crap going on at the moment couldn't really tell you what i done yesterday let alone a few months back...

[ploddertom]

There appears o be great lot that has gone on here over a long period of time. I know it feels as if you are going over old ground but would like to know if you could confirm or deny any of the following.

 

1. Do you know exactly how many Liability Orders you have, which periods they cover and for how much.

 

2. In relation to 1 above do you know from the Council how much is still outstanding on each account (if more than 1).

 

3. Have you asked the Bailiff Company for a statement of your account including screenshot. As a delaying tactic they may ask for £10 for this info, this does not come under the scope of Data Proection so no fe is applicable. The Company are obliged to give you this information.

 

4a. The levy - if not already done so you must immediately provide the Bailiff Company with a copy of any HP agreement(s) that may be in place for any goods which are on your levy.

4b. Even if the levy is valid the value of the goods thereon would not cover any proportion of the debt outstanding or any costs so incurred. Therefore the Bailiff has a levy that only inflates his and his Company's pocket. If you did not have enough goods to cover a good proportion of the debt then the file should have been returned to the Council as Nullo Bono.

 

5. If indeed the levy contains goods on HP then the levy is invalid and you must ask the Bailiff to remove the levy and any charges related to it.

 

6. Payment agreement by Council - have the Bailiffs been notified by the Council that a payment plan is in place, to be on the safe side send a copy to them. Are your payments up to date.

 

7. Copy any letter you send to the Bailiffs to the Council and ask for it to be put on your file. This so it can be referred to at a later date if necessary.

 

I believe the Bailiff and his Company are spinning things out in order to inflate their own fees. This appears to have been ongoing for best parts of 12 months now and should have been recalled back to Council some months ago.

 

PT

[tottys]

There appears o be great lot that has gone on here over a long period of time. I know it feels as if you are going over old ground but would like to know if you could confirm or deny any of the following.

 

1. Do you know exactly how many Liability Orders you have, which periods they cover and for how much.think its one liability order but on there there is 3 lots of dates 2 for small amounts from 2 privious years and then the one for this years council tax

 

2. In relation to 1 above do you know from the Council how much is still outstanding on each account (if more than 1).the bailiff company are saying there is £417 left to pay on it

 

3. Have you asked the Bailiff Company for a statement of your account including screenshot. As a delaying tactic they may ask for £10 for this info, this does not come under the scope of Data Proection so no fe is applicable. The Company are obliged to give you this information.have had some sort of statment from the bailiffs with regards to charges and what has been paid

 

4a. The levy - if not already done so you must immediately provide the Bailiff Company with a copy of any HP agreement(s) that may be in place for any goods which are on your levy.

4b. Even if the levy is valid the value of the goods thereon would not cover any proportion of the debt outstanding or any costs so incurred. Therefore the Bailiff has a levy that only inflates his and his Company's pocket. If you did not have enough goods to cover a good proportion of the debt then the file should have been returned to the Council as Nullo Bono.

 

5. If indeed the levy contains goods on HP then the levy is invalid and you must ask the Bailiff to remove the levy and any charges related to it.

 

6. Payment agreement by Council - have the Bailiffs been notified by the Council that a payment plan is in place, to be on the safe side send a copy to them. Are your payments up to date.

 

7. Copy any letter you send to the Bailiffs to the Council and ask for it to be put on your file. This so it can be referred to at a later date if necessary.

 

I believe the Bailiff and his Company are spinning things out in order to inflate their own fees. This appears to have been ongoing for best parts of 12 months now and should have been recalled back to Council some months ago.

 

PT

sorry for the long delay in getting back to you its been one of those days today hope this is enough info for you if not let me know...many thanks for all the help

[ploddertom]

1. I may be wrong but I didn't think they could include parts of previous years and put them all into 1 bill.

 

2. You need this from the Council not the Bailiff.

 

3. What is "some sort of statement"

 

4a - 7. No answers?

 

PT

[tottys]

1. I may be wrong but I didn't think they could include parts of previous years and put them all into 1 bill.

 

2. You need this from the Council not the Bailiff.

 

3. What is "some sort of statement"

 

4a - 7. No answers?

 

PT

have had a few e mails from the council with regards to what was owed on the bill...

the statement was a kind of breakdown did not ask them for a screenshot at the time it was after i sent a letter that was given to me off here...

sorry thought that 4a-7 were points for me to bring up with the council will reply to them now....

and whilst i remember in q1 the amounts for previous years were for a different address i was living in a council house at the time and in receipt of council tax benefit and was not paying rent of c tax so am still no the wiser about this have tried asking the council about this but they always brush it off and go on to something else maybe its time i grew a pair of balls and start demanding things instead of taking everything they tell me is right