Council Tax Bailiff Help Please

[clair2901]

Long story short...I helped a friend out by letting her move in with me and she agreed to pay my council tax has her rent (£108 a month) she moved out after 2 months but never paid. We tried to catch up with payments but never managed to due to me being a full time student, haveing a 2yr old and only my partner working.

 

Now i have a bailiff coming round. I agreed with them i would pay £40 a month (which i cant afford as im now single, a student, on benefits and with a 2 year old). I paid the 1st installment in March 09 but due to a mix up with my benefits I have had no money other than child benefit coming in for me to pay. I have had a letter of the bailiff whi came to my house while I was out saying that next time he attends my property he will come into my house and take goods even if I am not there. I have never let them in my house so from my understanding they cannot do this.

 

I did also try and get in touch with the bailiff company stating my problem but due to not having a phone at the time I could only email. I never recieved a reply from them. I have been on the phone today stating the problem and that within 2 weeks I will have money again so i can continue paying them. That have told me they will only take a full payment from me when the bailiff arrives at my house next which I have been told will be within the next few days.

 

 

Is there anything I can do as I just dont have £400+ just laying around?

[dx100uk]

yea, tell them to go away!

 

contact the council direct & set up a payment plan for the arrears.

 

you don't have to pay the bailliff anything, nor put up with 'unlawful' threats.

he CANNOT enter your house if it is secure whilst you are not there.

 

the council are responsible for a bailliffs actions...complain.

 

if he turns up again, ask to see see his bailliffs certificate .

cheeky begger.

 

oh and stay off that phone!

 

 

do a bit of reading of other council tax threads & bailliff and you'll get the idea

 

dx

[clair2901]

Council have told me that as it has gone to bailiffs they will not deal with it. I have had over £200 of bailiff charges go on the debt which is not helping me at all.

 

 

 

 

By the way I am new to this site.

[dx100uk]

then that is not allowed

there are set rates for bailliffs and cTax cases.

£24.50 1st visit

£18 next.

 

time to complain.

 

dx

[hallowitch]

dx100uk is right

write to the council tell the council there has been no levy therefore there may be unlawful charges remind them that as the bailiff works for the council as there agent that they are responsible for all bailiffs actions

ask them for a screenshot of your account tell them this is an official complaint

about unlawful charges tell them if after receiving the screen shot of your account you find any unlawful charges you will file a form 4 complaint

 

 

 

 

THE COUNCIL TAX (ADMINISTRATION AND

ENFORCEMENT) REGULATIONS 1992 (SI 1992/613 AS

AMENDED BY SI 1993/773, SI 1998/295, SI 2003/2211, SI 2006/3395 AND SI 2007/501

(SCHEDULE 5)

NOTICE OF

CHARGES CONNECTED WITH DISTRESS

1. The sum in respect of charges connected with the distress which may be aggregated under

regulation 45(2) shall be set out in the following Table-

(1)

Matters connected with distress

(2)

Charges

A For making a visit to premises with a view

to levying distress (where no levy is

made) –

i) where the visit is the first or only such

visit £24.50

ii) where the visit is the second such

visit £18.00

 

[clair2901]

apparently i have been charded for 2 visits and then a 3rd visit with a van which i was not home and now im going to be charged another van visit an a few days. Each van visit is about £120

[hallowitch]

they can only charge for a van if they have a levy

they have not been in your house

 

do you have a garden have they levied on garden furniture tools

do you have a car have they levied on this

have they left you a walking possession agreement

[going_mad]

by the way as a student in scotland and im sure its the same in england you were not liable for any council tax and only your ex was he was responsible to pay the full amount regardless of whether your a cpl or not!!!!! get a student exemption form filled out and submitted immediately its his debt not yours students are exempt from FULL council

[clair2901]

We do get free council tax but the situation is complicated and the council tax is both in mine and my ex name. I havent been left except letters to say they have been or signed anything. Only forms to allow me to pay in installments. I do have front and back garden but nothing is in them. And I don't have a car or anything. Nothing in the house is mne. Not even the house.

[going_mad]

even if the c tax is in both your names as a student your not liable my pal and her hubby split up and he had not paid 4 years council tax when she had been at uni and she was paying it back in installmetns when she qualified and they split up recently and she stopped paying and got nasty letters but as soon as she showed them copies that she had been exempt at the time she has been dismissed of it all oh and you can backdate up to 3 years in scotland dont know how far in england but imagine the same ive put in a backdated claim and managed to get 3,000/10,000 of my council tax bill slashed, but they still putting an arrestment on my wages but they made a boob and sent it to the wrong company !!!!!! the got the right plc but the worng business within the company who will send it back saying i dont work for them so another month or so free before they start taking money off me , p.s im also a single mum of 3 and on less than minimum wage as an apprentice

[clair2901]

we will still have to pay as my ex isnt a student. but with our situation its much easier as he pays it anyway not me

[BlurredFX]

Clair,

 

I am a little confused about your domestic arrangements, but right now I do no think that is a major concern.

 

FIRST THINGS FIRST: I would suggest you keep the door locked, and the windows locked. The Bailiffs have no right to enter your property by force at all. They are not allowed to push past you; then cannot put their foot in the door; nor get a Locksmith. Seige mentality is required. If you let them in, or they get a "levy", the game changes, and it's very different I believe.

 

In the mean time, give the Council a call. Explain the situation. They will have very little sympathy I suspect - but ask them to log the fact that you have called. You then need to get it in writing to them.

 

As long as the Bailiffs do not gain entry, you should be OK. As long as they do not get a "levy" on anything in the garden (which you have said is empty), just bunker down in the short term, and communicate with the Council only; not the Bailiffs.

 

You owe the council the money, not the Bailiffs!!!

 

As I understand it, and despite the rights and wrongs of your situation, you may end up being liable for their fees of £24.50 and £18, but that is a worry for a different day.

 

I think you should lock the doors, open them only to get into or out of your property. Keep the windows locked as much as possible.

 

Then remember that the Bailiffs work for the council, ignore the threats from the Bailiffs, and demand answers from the Council. The Bailiffs work for the Council and therefore they should communicate with their client. I am sure you have no obligation to deal with the Bailiff, but I am looking for that reference myself right now!

 

If they have no levy, and you have had no paper work, then you need answers. The Council should give them to you.

 

I have recently made a payment to my Council, and had a statement saying the balance has gone down. Council Tax is the responsibility of the Council - hence the name...

 

I am sure that the debt has not been "sold", or anyhting like that.

 

You need to challenge the Bailiffs charges with the Council I think, but am am getting to that stage myself. My situation sounds quite similar to yours in some respects, and this approach is doing me OK for now...

 

Listen to people on here, ask questions, and try to relax.

 

Read other threads, take things in. Hope you are OK.

 

Any comments?

[clair2901]

the living arangement is this....mt and mt bf split up. he left the houe...whcih is his house but has let me and my daughter stay here untill i am ready to move to uni. he still pays all bills and i only buy food for me and my daughter.

[tomtubby]

Claire.

 

I am very concerned at the charges that have been apaplied. Equita CANNOT charge anything other than a first visit fee of £24.50 for "attending to levy where no levy was made" ( ie: you were not at home etc) and a further such visit fee of £18.00.

 

UNLESS he has levied the bailiff CANNOT charge any more fees than this. For a van fee to be applied he MUST have levied upon goods.

 

You needs to URGENTLY sort this out and I would suggest that you send an e-mail to Equita at [email protected] and ask them to provide a screen shot of your account BY RETURN and an explanation as to why you have been charged an "attending to levy" fee when a bailiff has never been into your property or advised you that a levy has been made on any goods.

 

You should also state that you are single, on benefits etc and that you have been advised that your circumstances are apparently classed as "vulnerable" according to the National Standards for Enforcement Agents.

[BlurredFX]

I would still try and involve the Council.

 

Would you not agree TT?

[tomtubby]

I would still try and involve the Council.

 

Would you not agree TT?

 

Always remember that the council are wholly responsible for all actions of the bailiff who is acting in the role of their agent.

 

The council CANNOT abdicate responsibility form the bailiff. The buck stops with the council.

[BlurredFX]

Always remember that the council are wholly responsible for all actions of the bailiff who is acting in the role of their agent.

 

The council CANNOT abdicate responsibility form the bailiff. The buck stops with the council.

 

I would suggest asking the Council for a copy of your account.

 

Think about it. Who is more likely to break the law? A thug of a Bailiff with very little to lose, and plenty to gain; or a Council official, with a nice secure job, with a copper bottomed pension?

 

Is there a template anywhere for sending to the Council?

[bailiffbasher69]

Clair above all dont panick i was very scared just like you but the forums here have helped no end do as the advise says and you will get through this if its Equita coplain to a woman called Karren Fowler at head office she is at best incompatent in my opinion and and you will spin her head with advise from these forums tell her you want a subject access request as you believe ileagal/unlawfull charges have been applied they will charge £10 for this but you can demand that any further action be suspended as the account is in dispute good luck and like i said above all dont pannick

Edited June 4, 2009 by bailiffbasher69

[tomtubby]

Please do ensure that you COPY the letter to Equita to the local authority.

 

Please do post back with the response from Equita.

 

If you do not get a response quickly, then I would suggest that you send the e-mail to the following person:

 

[email protected]

 

.

[clair2901]

its not with equita irs rossendales. i have just logged on the account and its saying Account Type: Magistrate Courts, Arrest Warrants

 

 

whats that?

[Suenami]

Phone up the council Recovery Officer...try to see a Citizens Advice worker or if you have a local Community Law Centre for free advice..or even look up local Solicitors to see if you can gain advice. If no one comes on here over weekend. See if you can ask for a copy of the bailiffs general certificate too.It is so unfair all these things happening to people when MP's are breaking their own rules and regs! for much larger sums

[helpfulone]

Hi all, Im new to this forum.

 

Regarding equita bailiffs, they use letters of intimidation, of committal to prison etc but dont be scared or worried, get help from Citizens Advice Bureau who should arrange payment plans and other help on your behalf, as much as you can afford only. Dont respond to Equita, they will always want full payment or arrang payments which would be too much to afford anyway. Talk, write, email direct to your own council too.

[helpfulone]

If the bailiffs havent been inside your home, then they cant levy your goods, DO NOT let any bailiff enter your home, they will send letters of threats etc which to some might be distressing but dont worry, stay cool as they have no authority to force entry or use police etc A few letters and a couple of visits by the bailiffs with no luck then your account will be back to the council. Agree to pay what you can afford to council and stick to it. Never lose any sleep over bailiffs..

[hunni2006]

I have had dealings with both Equita and Rossendales.... and the general advice you are getting on here is pretty much correct.... however, I would say that you should try getting in touch with the local council again.

 

With Rossendales... like yourself they were unreasonable in the amounts they wanted me to pay, they were also adding charges that were unlawful... i.e. the levy charge, when they have not levied any goods, and fees for ficticious visits. I first of all contacted the bailiff who tried to tell me that his charges were legal.... yeah right... good job I'd done some research on the internet!! I warned him that I was going to complain to Rossendales, but also that because of his unlawful charges and ficticious visits, I intended to apply to the court to have his licence removed..... this certainly shook him up as he put the phone down & wouldn't take my calls...lol.

I then contacted Rossendales and told them of the unlawful charges of their bailiff...(who were as unhelpful as you would imagine)

Finally I contacted the local council, and explained that the bailiffs were not only being unreasonable, but were 'feathering their own nest' I explained I was not trying to avoid paying the debt, but absolutley refuse to work hard to pay bailiff fee after bailiff fee, etc and could I please make arrangement with them.... also asked who to complain to re the action of THEIR bailiffs....

result, account taken off rossendales... arrangement in place with council (at an affordable rate!!)

 

With Equita, twice. I had the same problem, Bailiffs charging for visits they hadn't made, and basically telling blatant lies... I made written complaints and in both instances was refunded 'as a gesture of goodwill'

I would say to anyone dealing with these scumbags... make tham prove they have been... if in doubt, challenge it, threaten them with further action... and remember, to charge a levy fee... they actually have to Levy goods. ( this can be your car, or items in your garden or shed if they cannot gain access... but they will (should)leave you a copy of the levy document)

 

hope this helps

[hunni2006]

I tackled the bailiffs before I found CAG.(duh!!) I found this site quite helpful for what they can and can't do...

 

http://www.pilesadvice.co.uk/bailifffeecomplaints_howtocom.htm

I fully intend to subject access ALL bailiff companies that have EVER visited me... with a view to getting my bl**dy money back!!

 

In the meantime, I know bailiffs are a scary prospect... I was terrified of answering the door.... but Knowledge is power... and you are in the right place to get plenty of good advice.