baliff certification

[nanna noos]

Hi

 

have have had the baliffs around for second lot of council tax, telling me that they will add the second debt onto the 1st (which is bieng paid), i was stupid enough to let them in the for the 1st debt, but after reading this forum, i checked with the OFT and they told me i did not have to let them in for secfond debt as it was a fresh debt and they did not have right of access for it.

 

After reading this site i checked out the baliff and the company he works for and he is not showing up as certified under his own name or the company he works for

[hallowitch]

Ministry of Justice Public Register of Bailiffs on 020 3334 6355

 

phone this number to confirm he is not a bailiff

 

then text the bailiff and ask him the name of the court and the date he was certificated

 

if he is not a certificated bailiff then he should NOT be collecting council tax debt and adding charges and you must write a formal letter of complaint to the council and the bailiff company

 

It must be remembered that a bailiff enforcing a debt for council tax, National Non Domestic Rates (NNDR) or an unpaid parking ticket is working as a agent for the local authority.

 

In this, the local authority cannot simply abdicate responsibility for the actions of their contractor as ultimately, it is the responsibility of the local authority to ensure that a levy is carried out in a lawful manner and that the fees charged by their agents are in accordance with statutory regulations.

 

Following a discussion with the Local Government Ombudsman's Office (LGO) they have advised that if you have a Compliant for the Council about their bailiff's then you MUST do the following:

 

.

 

You must ENSURE that you mark your letter to the local authority: FORMAL COMPLAINT.

 

Your letter should be addressed to the CHIEF EXECUTIVE and should be COPIED to the COMPLAINTS DEPARTMENT ( this will ensure that it is registered as a formal complaint).

 

If you are unsatisfied with your response from the local authority then you can take your complaint to the Local Government Ombudsman but they will want to see that you have gone through the councils COMPLAINTS PROCEDURE first and that you have allowed the local authority a maximum period of 12 weeks to respond.

 

The Local Government Ombudsman's office will need to satisy themselves that you have made it CLEAR to the Local Authority that you are making a FORMAL COMPLAINT.

[nanna noos]

Hi

 

Well i rang the court that issued his certificate and they told me his certificate was issued on th 03.10.08 and expires on the 03.10.11, thought this a bit odd as i ws under the impression that the certificates were for two years only and why is he not yet on the register.

 

I also rang the council offering to pay £50 per month direct to them as we will be on a very low income they siad this was not enough as it would take too long to pay but they would speak to the baliffs and authorise that amoiunt with a view to it bieng increased after three months, i told herr that i would not make the arrangement with the baliff but would make it with the council direct she said i could not do that.

 

i am now getting annoyed (putting it mildly as no swearing allowed here!!!), we lost our business last year after slogging our guts out for 7 years, i had a cancer scare six months ago and had to have a major operation and in between this we have been trying to find work to keep a roof over our heads, yet you are made to feel like a criminal for falling behind with your bills even though you have never been in debt in your life before and have always paid your bills on time and in full.......I will shut up now self pity is not really my thing but am getting sick to the back teeth of people who make a living out of others misery

[hallowitch]

nanna you may be classed as vulnerable

i had a cancer scare six months ago and had to have a major operation

are you still being treated for this

 

I would suggest getting in touch with your M P and discuss your situation with him

[nanna noos]

i had to have a full hysterectymy tests came back all clear after the operation but could not work for six months so was on income and support allowance for this time, i have now submitted a claim for council tax benefit to be back dated to the date of my benefit as i was noit aware i could get council tax benefit on income and support allowance derrr! this is currently bieng processed and the woman said that if my claim is approved the account will go back to them any way as the amount we owe will be different!

[hallowitch]

ask the council to put the bailiff on hold until the outcome of this

if they say no get in touch with your M P

[nanna noos]

Tried that got told that they could not do that until my benefit claim was active!

 

sent this message to symphony of what i have now done..............

 

 

 

 

 

I have now written to my council and told them that i wished to confirm in writing that i had made an offer that i could afford and i wished to connfirm that they had refused this offer of payment. i also stated that i was giving them notice that

 

1. i would not be giving any baliff entry to my premises or goods

2. that as i was giving them notice of refusal of entry or negotiation wih the baliff company i would not be held liable for any of their costs and would not accpet any money sent to the council to pay my council tax bieeng used by the council to pay any baliff fees.

3. Until such time the debt was passed back to the council i would put money aside for payment as i am ot refusing to pay i am just not prepared to pay the baliff company but wished to pay my creditor direct.

4. also told them that in this current climate i would be asking myMP should not councils be expected to give the same support in debt management as mortgage and other credit companies by helping people to clear their debt not adding to it both finanacially or emotionally.

 

Happy to give attidue back!!

 

I will now not do any more letters or phone calls i am on a budget and trying to act responsibly and cut costs back not waste money !!!! I am now so determined to win this keep your chin up and stand up for yourself, as long as you accept the bill needs to be paid stick to your guns, make it clear you want to pay but only to the coucil direct confirm it in writing (recorded delivery) and do not let the baliffs in under any circumstances make sure your home is locked and secure if you go out, but do not let it rule your life dont hide behind closed curtains bide your time and you will win in the end.

 

[k1mmie]

nana, can you please pm the name of the bailiff and the area you are in? Thanks