Council Tax Arrears - bounced between Council and Bailiffs

[biglad1975]

Ok guys here's the story,

 

Nov 2007 - Moved into rural property that is part of a working farm, were wrongly put under the impression that the Council Tax was part of the agricultural holding and included in rent. That impression reinforced by absolutely nothing from the Council by way of correspondence.

 

June 2008 - Return from honeymoon to find Bailiff's demand for £1466 in unpaid CT - the portion of the bill from Nov 2007. Ring Council - 'Oh yes, sorry we've got all the mail here, returned.' Seemed they had the address wrong. Bailiff found us quick enough, oddly. Make arrangement to pay that realistically we can't really afford, as the backdated £1466 makes the monthly payment very high - can't remember what it was now but we missed plenty of payments.

 

June 2008 - May 2009 - economy goes to sh!t and our joint income tumbles. Council Tax falls down agenda of stuff to find the money for.

 

May 2009 - Council spit the dummy out and send Bailiff's agent round to collect on unpaid Tax. I stupidly let him in and he fills out walking possession agreement and we agree £160 a month. I speak to council on the phone and they set up £250 a month direct debit for current Tax year. Arrears now £2442.

 

August 2009 - Manage to keep direct debit on track but struggle to keep up monthly £160 to bailiff. We pay it, but often late. Call Council to see if we can lower payment to Bailiff to £80 to make it easier each month. They bat me off - 'can't intervene - speak to Bailiff.' Ring Bailiff, call centre blokey says write in with statement of finances, Council will more than likely allow us to pay over greater length of time. Great.

 

Last week - write to Bailiff, they reply saying matter out with their local collector who has been instructed to collect in full or possess goods. Great, so my request to lessen the payment has sparked them to want full payment! Helpful.

 

I've drafted a letter to the council requesting them to cease Bailiff action as we are making monthly £250 payment and increase direct debit to £330 which we can manage. I want this sodding Bailiff out of my hair. I know they'll give me the brush off. I spoke to the collector earlier who didn't know anything about it but said the papers were 'probably on the way' and said 'if they say it's out to me that they will likely have got an 'entry warrant' from the Court in Liverpool (where the bailiff is based, 120 miles from here) and that the papers will be in the post to him on Monday.'

 

Understandably, this is rather unpleasant.

 

How do I proceed guys?

 

PS - also the 'collector' doesn't appear to be certificated, according to the online search.....

Edited August 14, 2009 by biglad1975

[hallowitch]

Seemed they had the address wrong

 

did you inform the council of your change of address when you moved it to the new house

We pay it, but often late

 

are there any missing payments did your arrangement to pay specify a date each month or just a payment of £160 per month

Call Council to see if we can lower payment to Bailiff to £80 to make it easier each month. They bat me off - 'can't intervene - speak to Bailiff.' Ring Bailiff, call centre bloke says write in with statement of finances, Council will more than likely allow us to pay over greater length of time.

final decision for any payment arrangement is the councils

Last week - write to Bailiff, they reply saying matter out with their local collector who has been instructed to collect in full or possess goods. Great, so my request to lessen the payment has sparked them to want full payment! Helpful.

I hope you have a copy of the letter you sent to bailiff

 

 

 

Last week - write to Bailiff, they reply saying matter out with their local collector who has been instructed to collect in full or possess goods. Great, so my request to lessen the payment has sparked them to want full payment! Helpful.

 

they reply saying matter out with their local collector who has been instructed to collect in full or possess goods. Great, so my request to lessen the payment has sparked them to want full payment

 

do you still have this letter

 

I've drafted a letter to the council requesting them to cease Bailiff action as we are making monthly £250 payment and increase direct debit to £330 which we can manage

when did you send this are you still waiting on reply

 

I spoke to the collector earlier who didn't know anything about it but said the papers were 'probably on the way' and said 'if they say it's out to me that they will likely have got an 'entry warrant' from the Court in Liverpool (where the bailiff is based, 120 miles from here) and that the papers will be in the post to him on Monday.'

That my Friend is a load of bull shxx and you know how much a bull shxxs

 

the bailiff works for the council as an enforcement agent to collect payments levy on goods E C T

bailiffs don't apply for entry warrants arrest warrants of any other kind of warrant for council tax arrears the council does this in your local court

 

the bailiff has a walking possession agreement which means he can legally enter your home and remove goods (no entry warrant needed ) mmmmm whats that smell its that bloody bull again

 

having said this you are a very long way from finding yourself in that situation

before the bailiff can re-enter your home to execute the walking possession agreement you would have stop all payment to him ignore any letters and phone calls from him

and then you would receive a letter from him giving you the time and date he was coming to remove the goods on the agreement

 

all bailiffs collecting council tax must be certificated www.hmcourts-service.gov.uk/CertificatedBailiffs

 

 

 

How do I proceed guys?

 

you continue to make payment until you get a reply from the council if you cant pay the £160 pay something but don't stop paying

 

 

local collector who has been instructed to collect in full or possess goods

the bailiff doesn't want to remove your goods he wants to charge you a van fee

 

once you get your payments sorted we will start on your bailiff charges to see if they are correct (i will be very surprised if they are )

[biglad1975]

Hallow, you are a legend....

 

 

did you inform the council of your change of address when you moved it to the new house

nope, we moved from a different council.

We pay it, but often late

 

are there any missing payments did your arrangement to pay specify a date each month or just a payment of £160 per month

yes, £160 on the 15th each month. It's not in arrears, although we paid late on two occasions since the arrangement.

 

Last week - write to Bailiff, they reply saying matter out with their local collector who has been instructed to collect in full or possess goods. Great, so my request to lessen the payment has sparked them to want full payment! Helpful.

I hope you have a copy of the letter you sent to bailiff

 

yes would you like me to post it up?

 

Last week - write to Bailiff, they reply saying matter out with their local collector who has been instructed to collect in full or possess goods. Great, so my request to lessen the payment has sparked them to want full payment! Helpful.

 

they reply saying matter out with their local collector who has been instructed to collect in full or possess goods. Great, so my request to lessen the payment has sparked them to want full payment

 

do you still have this letter

 

oh yes!

 

I've drafted a letter to the council requesting them to cease Bailiff action as we are making monthly £250 payment and increase direct debit to £330 which we can manage

when did you send this are you still waiting on reply

Will be sending Monday first thing.

 

I spoke to the collector earlier who didn't know anything about it but said the papers were 'probably on the way' and said 'if they say it's out to me that they will likely have got an 'entry warrant' from the Court in Liverpool (where the bailiff is based, 120 miles from here) and that the papers will be in the post to him on Monday.'

That my Friend is a load of bull shxx and you know how much a bull shxxs

 

the bailiff works for the council as an enforcement agent to collect payments levy on goods E C T

bailiffs don't apply for entry warrants arrest warrants of any other kind of warrant for council tax arrears the council does this in your local court

 

the bailiff has a walking possession agreement which means he can legally enter your home and remove goods (no entry warrant needed ) mmmmm whats that smell its that bloody bull again

 

having said this you are a very long way from finding yourself in that situation

before the bailiff can re-enter your home to execute the walking possession agreement you would have stop all payment to him ignore any letters and phone calls from him

and then you would receive a letter from him giving you the time and date he was coming to remove the goods on the agreement

 

So, as long as I APPEAR to be making some kind of payment and looking to find a resolution, he can't turn up at the door?

 

all bailiffs collecting council tax must be certificated www.hmcourts-service.gov.uk/CertificatedBailiffs

 

Hve checked, the guy named on the letter from Bailiff is not certificated.

 

How do I proceed guys?

 

you continue to make payment until you get a reply from the council if you cant pay the £160 pay something but don't stop paying

 

The £250 a month direct debit is up to date so no problems there.

 

local collector who has been instructed to collect in full or possess goods

the bailiff doesn't want to remove your goods he wants to charge you a van fee

 

once you get your payments sorted we will start on your bailiff charges to see if they are correct (i will be very surprised if they are )

 

good good!

[hallowitch]

Return from honeymoon to find Bailiff's demand for £1466

was this letter hand delivered or posted did you confirm with the council that this was the amount of the liability order

 

I stupidly let him in and he fills out walking possession agreement

do you still have this (if yes) what has he charged for this

what goods had he levied

Make arrangement to pay

what was the date of your first payment

[hallowitch]

I posted on your other thread

 

Registered keeper not legal owner / bailiffs

Edited August 15, 2009 by hallowitch

[biglad1975]

Hallow, thanks for all your help. Got on the blower this morning to the council and said I needed to be paying less and suggested they take the debt back in from the bailiff and up the direct debit. They wouldn't go for that but they were willing to reduce the payment down to £80, so I got what I wanted. Bailiff off my back, less money per month to the council and a result.

 

It's good to talk!

[hallowitch]

good well done if you want to see if your bailiffs charges are correct let me know like i said i will be very surprised if they are

thanks for letting us know