Rundle & co balliffs and thanet council

[susiemags]

Hi

Recieved 2nd letter from balliffs today ,saying they been trying to contact me ref money owed for council tax.

i sent them the letter that was on here offering payments to clear outstanding amount over 24 months, but they refused this option all though they did not send me the payment i sent with it.

which should clear on 25th April . they are willing to accept ninety something pounds a month which i can not afford also with that there was a expenditure form , should i fill this in and send back?

 

Any way this 2nd letter says he is a court approved ballif, authorised to siezre goods etc,

if i do not deal with this matter urgently he will call to sieze goods and he may have to remove goods whether i am here or not with the police if necesary.they want imediate payment and for me to contact on th telephone.

 

Hope i explained this ok,

thanks for taking time to read ,

sue:confused:

[sillygirl1]

He cannot seize goods unless the matter has been to court - get back to your council and tell them that the bailiff is being unreasonable in his demands and you cannot afford the amount asked without compromising your current payments.

 

If you have children or are single you can be classed as vulnerable. Ask the council to see a senior collections person and explain the problem to them, show them the documentation from the bailiffs.

 

I would also ask the mods to get this thread to somebody more knowledgable who can help more.

[susiemags]

He cannot seize goods unless the matter has been to court - get back to your council and tell them that the bailiff is being unreasonable in his demands and you cannot afford the amount asked without compromising your current payments.

 

If you have children or are single you can be classed as vulnerable. Ask the council to see a senior collections person and explain the problem to them, show them the documentation from the bailiffs.

 

I would also ask the mods to get this thread to somebody more knowledgable who can help more.

 

the only time i know bout it going to court was when we had letter from court say the council was taking us but we did not need to turn up, next i knew was we got letter from balliffs asking for payment, hence i wrote with offer which they refused. how do i go about asking mods to pass this on.

i have daughter 18 at college away from home which i pay for.

thanks again for your help

[scatz1972]

The only way that the bailiff seize and remove goods even in you absence is if you have allowed the bailiff peaceful entry on a previous visit.....So what ever you do, do not allow the bailiff in. Keep your windows and doors closed/locked as a bailiff can gain peacful entry through these, and if you have a car which is owned by you i.e not on finance/HP then you should park it away from your home otherwise the bailiff will attempt to levy on it.

 

The amount that a bailiff can charge is set out in a statutory fee scale, its £24.50 for the 1st and levy no was done i.e you wasnt home, and £18 for a 2nd visit again if you wasnt home. Even if the bailiff visits a thousand time they cannot charge you anymore fees UNLESS you allow them in to your home or they levy on your car or anything else of value on the grounds of your property.

 

What I would do is ignore the bailiff as it stands (you havent let them in) s/he has no more rights that me or you, I would write to the council enclosing the letter that you wrote to the bailiff and their reply which refused your offer. Enclose with the letter an income and expenditure form and a realistic payment plan, ask the council to take back the case from the bailiff as they are being unreasonable by not accepting your payment plan, and instead they want £90 a month which clearly you cannot afford. Enclose your first payment making it crystal clear (write on the back of the cheque and state in the letter) that it goes towards whatever years council tax that you are behind with. Altenatively if you can pay online towards a specific year then do it this way. Make it clear in the letter that you are WILLING to pay your council tax. Send the letter recorded delivery and keep a copy.

 

The bailiff will probably keep calling for a while, I know its a pain and upsetting but keep vigilant and eventually the bailiff will return your case to the council, as they wont be earning any extortionate or bogus fees from you .

[susiemags]

The only way that the bailiff seize and remove goods even in you absence is if you have allowed the bailiff peaceful entry on a previous visit.....So what ever you do, do not allow the bailiff in. Keep your windows and doors closed/locked as a bailiff can gain peacful entry through these, and if you have a car which is owned by you i.e not on finance/HP then you should park it away from your home otherwise the bailiff will attempt to levy on it.

 

The amount that a bailiff can charge is set out in a statutory fee scale, its £24.50 for the 1st and levy no was done i.e you wasnt home, and £18 for a 2nd visit again if you wasnt home. Even if the bailiff visits a thousand time they cannot charge you anymore fees UNLESS you allow them in to your home or they levy on your car or anything else of value on the grounds of your property.

 

What I would do is ignore the bailiff as it stands (you havent let them in) s/he has no more rights that me or you, I would write to the council enclosing the letter that you wrote to the bailiff and their reply which refused your offer. Enclose with the letter an income and expenditure form and a realistic payment plan, ask the council to take back the case from the bailiff as they are being unreasonable by not accepting your payment plan, and instead they want £90 a month which clearly you cannot afford. Enclose your first payment making it crystal clear (write on the back of the cheque and state in the letter) that it goes towards whatever years council tax that you are behind with. Altenatively if you can pay online towards a specific year then do it this way. Make it clear in the letter that you are WILLING to pay your council tax. Send the letter recorded delivery and keep a copy.

 

The bailiff will probably keep calling for a while, I know its a pain and upsetting but keep vigilant and eventually the bailiff will return your case to the council, as they wont be earning any extortionate or bogus fees from you .

 

 

Thanks for your reply

will get letter written today and send it monday.

They have not gained entry or been round yet, i will now start locking both doors just in case they open first one. will let you know what happens.

thanks again

susiemags

[diddydicky]

well i would NOT ignore the bailiff in this instanced- firstly because he DOES have a power of entry for council tax (but the council usually insiist the bailiff refers back to them for permission)

 

second and most importantly if you ignoe the bailiff althogether and he returns the warrant and endorses the fact that you ar e uncopoeratiive the council may then apply for a warrant for your arrest with a view to commital to prison

 

you need to go urgently to CAB and get some intervention with the council and make some sort of arrangement to pay through them

[scatz1972]

well i would NOT ignore the bailiff in this instanced- firstly because he DOES have a power of entry for council tax (but the council usually insiist the bailiff refers back to them for permission)

 

second and most importantly if you ignoe the bailiff althogether and he returns the warrant and endorses the fact that you ar e uncopoeratiive the council may then apply for a warrant for your arrest with a view to commital to prison

 

you need to go urgently to CAB and get some intervention with the council and make some sort of arrangement to pay through them

 

So long as the bailiff has not gained entry either through an open door/window or because you invited them in then they do NOT have power to force entry now.

 

Show me where it says that a bailiff has the power to force entry whilst collecting unpaid council tax.

 

Lastly them writing to the council with a payment plan and regular installments demonstrates to the council that they are willing to pay their council tax.

[scatz1972]

well i would NOT ignore the bailiff in this instanced- firstly because he DOES have a power of entry for council tax (but the council usually insiist the bailiff refers back to them for permission)

 

second and most importantly if you ignoe the bailiff althogether and he returns the warrant and endorses the fact that you ar e uncopoeratiive the council may then apply for a warrant for your arrest with a view to commital to prison

 

you need to go urgently to CAB and get some intervention with the council and make some sort of arrangement to pay through them

 

 

As you seem to respect the CAB here is a link to their "Putting Bailiffs on the Spot" Campaign.

 

If you click on the sentence which says "What problems are bureaux reporting?" Then you will be able to read all about bailiff misrepresenting powers of entry.

 

http://www.chestercab.co.uk/htmlFiles/Bailiffs.html

Edited April 30, 2009 by scatz1972
added link

[susiemags]

Hi

sent letter to council asking them to take back debt, also enclosed letter from Balliffs demanding £97 a month and an expenditure form, should i imform Rundle of this . any advise appreciated

susiemags

[diddydicky]

scatz i am not here to get into heated arguments i am trying to offer advice

 

i am not suggesting that some bailiffs don' misuse their powers (just like some policemen just like some cowboy builders rip people off, some plumbers act without corgi licences (get the drift- there's good and bad in all walks of life)

 

it must not be forgotten (the more so with council tax arrears) that umpteen chances would have been offered to make and stick to an arrangement to pay before a council (any council) resorts to applying for a warrant.

 

it would be as rare as rocking horse poo for someone to come on here and legitamely claim that the first they heard of a council tax debt or were given any chance to make repayments of council tax was when the bailiff arrived

 

the truth is that for whatever reason is has been ignored

 

but there comes a point (and a bailiff call is one of those points) where you have to get your head out of the sand and deal with it -the more so with the one debt that could lead to imprisonment

 

this last step is an uncommon one BUT and is used more often than you think where the debtor refuses to co operate with the council or deliberatlely ignores all attempts to seek a setttlement

 

I have no brief towards CAB and don't understand why you think i should have, however at this stage of the proceedings you need the intervention of a third party like CAB to persuade the council that you have woken up to your responsibilities and that you do intend to enter into dialogue with them to come to a solution

 

Third party intervention such as CAB also often shows the council that a third party has looked at your income and outgoings and advised you

 

as a general point there is an old saying- keep your friends close to you and your enemies even closer

 

the poster is getting advice from the "other side" they dont haev to take it but they would be fools to spurn it!

[scatz1972]

Susie...Rundle wont care that you have written to the council. You need to start making regular payments to the council now, you also need to make sure that you keep to it.

 

If you feel you need to speak to someone, perhaps to confirm that you are doing the correct things and you are fully aware of your rights then you can always call the national debtline, its free and easier to get through to than CAB.

 

0808 800 4000

[susiemags]

Thanks still awaiting reply from council but payments are being paid,

and sorry if i caused any arguments on here,

but yes i should not of ignored council tax, but wanted my daughter to stay at college away from home.

thanks again for help let you know what response is

susiemags

[diddydicky]

healthy debate

 

 

good luck

[lisadp1970]

Susie

 

All what Scatz has said is correct, as for other advice offered - let's just say some people have the Bailiffs interests at heart rather than those of us who are constantly harassed by these thugs who cannot help but misrepresent their "powers"

 

You can usually pay your Council Tax arrears direct to your council via their website, if you start paying what you CAN afford a.s.a.p and write to the Council informing them of this, you will not be seen as refusing to pay, so any threats of going to prison is nonsense and something again which should be reported for misrepresenting authority.

 

Advise your Council (go to the top) of the Bailiffs threats, as they are just as responsible for contracting these Numptys to harass you unfairly.

 

God I hate Bailiffs!

 

Lisa

[diddydicky]

god was the first bailiff i think- didn't HE invent retribution?

[lisadp1970]

What a daft comment.

[susiemags]

thanks to everyone for help

will keep imformed

[susiemags]

Hi can anyone help , baliffs sent me an arrangement applicationform and on it states :-

You will be committing a crimminal offence if you do not give the above information and you can be fined up to £1000.00, as well as getting a criminal record. The same will happen if you give information that is not true.

 

Is this right ?

[saviour1263]

when i started having hassle with rundle and co ,i didnt totally ignore their letters i paid the council tax with their online service then sent emails to rundle and co argueing the amount owed so every time i recieved a letter i paid online and managed to go till i paid of the whole debt ,arguing and saying i had an arrangement with the council (even tho the only agreement i did was pay it on line every month )sending emails all the time.i wont pay their outlandish fees .

[lisadp1970]

Hi can anyone help , baliffs sent me an arrangement applicationform and on it states :-

You will be committing a crimminal offence if you do not give the above information and you can be fined up to £1000.00, as well as getting a criminal record. The same will happen if you give information that is not true.

 

Is this right ?

 

No it isn't.

 

My advice is do not deal with the Bailiffs in any way at all, start to pay your Counci tax online direct to your Council (they won't refuse your payment) and accompany each payment with a letter to them advising of the payment.

 

The only thing I suggest you contact the Bailiff company for is a Screenshot of your account, which they cannot refuse you under the Data protection act.

This will show up all their charges and actions taken. They're bound to have added extra fees, this is something most Bailiffs can't help themselves but do.

Once you have this you can take ay relevant action against them.

 

Remember - Bailiffs have very limited powers when it comes to Council Tax recovery, that's why they try and bully money out of people instead!

[letsmakeamark]

well i would NOT ignore the bailiff in this instanced- firstly because he DOES have a power of entry for council tax (but the council usually insiist the bailiff refers back to them for permission)

 

second and most importantly if you ignoe the bailiff althogether and he returns the warrant and endorses the fact that you ar e uncopoeratiive the council may then apply for a warrant for your arrest with a view to commital to prison

 

you need to go urgently to CAB and get some intervention with the council and make some sort of arrangement to pay through them

 

 

Misguiding as usual !!!!!!!!!!!!