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

[tottys]

just a quick update 7 days are almost up now since i sent e mails and letters to both bailiff and council but have not heard anything from them yet...anyone know what my next steps are or should i give them a little bit longer as the post is a little slow at the moment..thanks for all your help ppl

[Guest Happy Contrails]

File the Form N1: see http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/200261-please-i-realy-need-6.html#post2486594

[tottys]

great thanks happy will do that tonight whilst its all quiet in the house..

[Guest Happy Contrails]

The Court will give the council & bailiff 14 days to acknowledge receipt of your claim, and a further 14 days to give their defence. Follow the courts directions there on. You must keep a copy of the bailiff document showing all unlawul fees. The Judge will ask you to file it in evidence and serve a copy on the council and its bailiffs.

[tottys]

morning all just had a reply to the letter i sent to the bailiffs..cant scan it on to here as i dont have a scanner so will write it out.

 

dear totts

 

we are in recipt of your pro-forma communication of the 15th instant and are familiar with the content herein.our instruction is in respect of a magistrates liability order obtained by our client,*******************council on the 23rd of january 2009.we would confirm that your account is arrived at as follows:

 

council tax 841.33

first visit 10/03/09 22.50

levy 48.00

walking possesion 11.00

van attendance fee 19/05/09 225.00

=1147.83

 

payments

 

card 80.00

postal order 50.00

postal order 50.00

postal order 100.00

postal order 100.00

postal order 50.00

postal order 100.00

postal order 50.00

postal order 50.00

postal order 100.00

 

balance 417.83

 

statutory bailiff fees have been legitimately applied to your account in accordance with the council tax (administration and enforcement)(amendment)(no2) regulations 1993 regulations 45 and (amendment)(wales) regulations 2004,schedule 5.1A(i),B&Cand E(ii)

 

we note that the various comments you make in respect of complaining to the police and issuing proceedings through the county court and we can confirm that we have absolutely no concerns with regards to any threats you chose to make as our actions in this matter have been entirely lawful.

we would however take this opportunity to advise that we will strenuously defend any proceedings you may chose to bring and are confident of success.upon obtaining judgement against you we will as a matter of course seek an order against you in respect of the cost of legal defence.

 

finally we would bring to your attention the fact the arrangement you have to discharges your arrears at the rate of £50.00 per week is in default by £300.00 and has therefore been cancelled.we would advise that unless full payment of £417.83 is made to our office by the close of business on wednesday 28th october 2009 our enforcement crew will be calling imminently thereafter with a view to executing the order and effecting a removal of your goods.

this fully clarifies our position.

 

 

so it looks like its the end of the road for me now am hoping to get this payed up by next monday at the latest and think i will now be leaving this well alone as i am now worried sick..

[reorete]

and thats was exactly there intent. i gather that you let them in first time round? they did a levy? dont open the door to them . they want the money not your goods.

[Guest Happy Contrails]

If no goods have been moved in a van then the van attendance fee is recoverable - unless the bailiff can prove it costs £225 to drive a van to your address for which he has already charged a visit fee. Use Judge Adents ruling to reclaim it from the council. http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/200261-please-i-realy-need-6.html#post2486594

[tottys]

and thats was exactly there intent. i gather that you let them in first time round? they did a levy? dont open the door to them . they want the money not your goods.

yes i did let them in and now i know that was a big mistake but it was 7:45 am and i was stressed getting all the kids ready for school just wanted them to go away..yes they done a levy..

[reorete]

what goods did they levy? there jus tryin to scare you if the goods arnt worth much.the last thing they want to do is remove goods not worth much because its the money they want. if you have a car park it elsewhere so they cant take it. when they realise there getting nothing they might pass it back to the council who might accept payments. all i know is never let bailiffs in your home no matter what. probably someone else will know far much more then me and might be able to offer better advice. i wish you look and let us know how you get on. my thoughts are with you

[Guest Happy Contrails]

i was stressed getting all the kids ready for school just wanted them to go away..yes they done a levy..

 

Are you a 'vulnerable persons' for the purpose of civil enforcement: e.g. receiving a benefit - this could revoke all the bailiffs fees. More: http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

[tottys]

what goods did they levy? there jus tryin to scare you if the goods arnt worth much.the last thing they want to do is remove goods not worth much because its the money they want. if you have a car park it elsewhere so they cant take it. when they realise there getting nothing they might pass it back to the council who might accept payments. all i know is never let bailiffs in your home no matter what. probably someone else will know far much more then me and might be able to offer better advice. i wish you look and let us know how you get on. my thoughts are with you

thank you for your kind words..with regards to what they levied on they will be lucky to get £50 for it all lol...am now thinking of ordering a skip and putting all the things they put on the levy in there and having it delivered to them thats all its worth anyway microwave dont work table is falling apart and dvd refuses to open (think someone has had their little fingers on it) so at the moment they can have it i have now gone past caring they have worn me down....

[tottys]

Are you a 'vulnerable persons' for the purpose of civil enforcement: e.g. receiving a benefit - this could revoke all the bailiffs fees. More: http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

no dont think i am the only thing i get is tax credit..unless being severly stressed and deprived of all sleep counts as being vunrable then i doubt i will be classed as that..but thanks will take a look at these now..

[tottys]

happy c is this the one i should now be sending to the council to claim them???many thanks for your help

Head of Revenue

Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Council tax arrears and your bailiffs fees

 

Please find a copy of a letter before action that has been delivered by even post to your contractor who is claiming you have instructed to act.

 

You contractor is cheating with his fees and it is my intention to reclaim them by filing proceedings in the small claims track if they are not refunded in full within seven days.

 

As the council is liable for its agents it is my intention to name the council as the principle defendant, however, Court rules require me to give the council reasonable opportunity to settle the claim beforehand.

 

If you wish to settle the claim, please pay me the sum described in the enclosed letter at the above address within seven days from the date of this letter.

 

You may wish to launch an investigation or make your own enquiries; this does not delay the proceedings being filed at Court, and to protect other taxpayers from being defrauded in this way, the case will pass to the Local Government Ombudsman.

 

These documents are delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests they are handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

[YOUR NAME]

 

Encs:

1 Copy of letter to bailiff

2. Copy of bailiff document showing his fees. If you don't get a refund in seven days or the bailiffs hical charges back off them ????

[reorete]

omg tottys keep your chin up hun xxxx believe me they are not going to take your goods if thats all they are worth just try to negotiate . when they see there getting no joy they will pass it back to the council. believe me they really are trying to scare you

[tottys]

thanks for that but the council wont take it back have asked and asked them but because i let them in and have now been paying the bailiff they say they cant take it back...will leave everything outside for them to pick up or can they take more when they come to the house??

[reorete]

ok invite them to take it. which they wont because they dont want it they want the cash. what do you think they can do after that? they have to pass it back to the council they have no choice. i was in a similar position all i had was worthless goods so i said come in an take it. they passed it back to the council which i knew they would... im no expert but you cant get blood from a stone

[tottys]

evening all have now started paying council by postal order sent to their office but have just realised that the ref no on the old council bill is the same as my one for this year did put a note in there to explain that it was to be paid off my old debt...anyone know where i will strand with this will they send the postal order back to me if they dont want to accept payment off me???thank you all so much for all your help and support..

[tottys]

morning all..had a reply yesterday from the letter that was sent to the council off my mp...there is a reply off the council which just says basically that they want another means test off me and a reply from the bailiff which is not good it says that the bailiff who called on the second occasion did not make any contact with me he just left a letter which is bull as you will see from the first post i put on here he gave me till 5 o clock that same day to raise £250 or they would be back....also that he turned up in a big van like car and that most of the info that has been given on here is not relevant as it is not in regards to my case...

now that i am writing this i am getting more and more p off as the bailiff company are blatantly lying saying that they never made any contact with me on the second visit when he did as you will see from my first few posts i was on cont down till 5 o clock as i couldn't raise the money..also it says that the first bailiff had 18 years under his belt as working as a bailiff now either he has some very good wrinkle cream or he started working for bailiffs at a very young age....and now due to all that's gone on the agreement that was made for this years council tax to be put on hold has now been taken off and by the looks of it added to this bill as it is now saying i owe £1300...not good times for me at the moment...

[FairPlay77]

evening all have now started paying council by postal order sent to their office but have just realised that the ref no on the old council bill is the same as my one for this year did put a note in there to explain that it was to be paid off my old debt...anyone know where i will strand with this will they send the postal order back to me if they dont want to accept payment off me???thank you all so much for all your help and support..

 

IF the council are stupid enough to send back your postal order, send it straight back to them with a note saying that you demand that they accept it for the year that you have specificied. And to make them see sense, complain about their silliness to your local councillor. In future, though, it would be better to pay them by Standing Order if you have a usable bank account or, if you have a credit or debit card, you can pay online.

[Nintendo Pü]

Pay online and print the receipt. If the council refunds you, just keep the money, receipt proves liability is discharged.

[RaeUK]

Hey tottys chin up! Have just read this thread from start to finish - and I won't tell you how many kleenex I got through!

You are getting good advice from many on here.

Let me reiterate, the bailiff does not want your goods. The case will eventually go back to the council as uncollectable.

I have an outstanding ct bill from a couple of years ago. I still can't afford to pay it. After numerous visits by Ross & Roberts - I did foolishly let them in - they finally agreed that I didn't have anything worth taking and that I was up the financial creek without a paddle.

Now, due to ill health, I definately fall into the vulnerable group.

How old are your children? I presume they're not young enough for you to fall into the vulnerable category?

Mind you, with all the stress you're under I would expect any reasonable GP to sign you off work. You can then notify the council that their agents are directly responsible for making you ill...

Lots of love hunni and keep us posted!

Rae xx

[tottys]

Hey tottys chin up! Have just read this thread from start to finish - and I won't tell you how many kleenex I got through!

You are getting good advice from many on here.

Let me reiterate, the bailiff does not want your goods. The case will eventually go back to the council as uncollectable.

I have an outstanding ct bill from a couple of years ago. I still can't afford to pay it. After numerous visits by Ross & Roberts - I did foolishly let them in - they finally agreed that I didn't have anything worth taking and that I was up the financial creek without a paddle.

Now, due to ill health, I definately fall into the vulnerable group.

How old are your children? I presume they're not young enough for you to fall into the vulnerable category?

Mind you, with all the stress you're under I would expect any reasonable GP to sign you off work. You can then notify the council that their agents are directly responsible for making you ill...

Lots of love hunni and keep us posted!

Rae xx

thanks for that my kids are 7 4 and 3 and i have had to give up work cos i could not get anyone to look after them for me so now my circumstances have changed again have not informed the council of this yet though as it has all caused me so much stress i just cant bring myself to phone them at the moment but i know i will have to do it and soon again thanks all for all the support and help you have all given me on here..

[Nintendo Pü]

Have you spoken to the LGO? this is going on since May!!

 

There is compelling evidence the council is vexatious.

[tottys]

no have not spoken to them yet do you have to wait for a while before you speak to them thought i saw something about once you made a complaint to the council you then have to wait for a further 6 months before making a complaint to them????(but in my world that could be for anything cant remember much about last week let alone what i think i seen back in may lol ) thanks to hallowitches help my mayor and local mp knows all about it...

[RaeUK]

Hey tottys, so now you're a single mum living entirely on benefits? iirc you could well be classed as vulnerable. [As usual I can't put my finger on the list of vulnerable parties - it's all over the net usually and on here somewhere...].

Also, you are probably suffering one stress related illness or another. Now, I've gone beyond worrying about your peace of mind - would you just pop along to your GP and have a chat for MY peace of mind?!

I've been in similar circumstances - though not debt related - and when I finally mentioned it to my GP, in passing, she gave me quite a verbal dressing down for not seeing her at the time. I felt like a five year old

These things can affect you physically as well as mentally and in ways that may not even occur to you. You can't forget that you have the needs of three young children to think about. If you start to suffer adversley with stress than that could impact on their lives...

If your GP concurs you would then certainly be classed as vulnerable. This will at least keep the bailiffs at bay [and have the bonus of releiving some of your symptoms]. It won't make the original debt go away but you'd be better placed mentally to deal with the council and come up with a genuinely affordable payment scheme.

Incidently, the 2006 OFT Debt Collection Guidance should make good bedtime reading:

 

http://www.oft.gov.uk/shared_oft/business_leaflets/consumer_credit/oft664.pdf

 

Rae x

Edited November 22, 2009 by RaeUK
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