Advise please!

[becka]

I’ve just had a “courtesy call” from Chandlers telling me that my council tax debt has gone into enforcement stage. Now the only reason they have my work number is that since March I have been calling on a monthly basis to organise some kind of payment plan … unfortunately the office can’t discuss this and I need to speak to the bailiff but they can’t give me a number I have to wait for one to be assigned and they will get someone to call me

For the last couple of months they have been sending me letters telling me I can expect a bailiff to visit within 72 hours …. no bailiff … apparently one visited in April (no attendance note left) and spoke to a builder (not had any building work done since being in property 2 years) but nothing since then – they only have record of 1 call from me to them in March

I tried explaining that because I worked I needed someone to arrange a meeting because otherwise I couldn’t organise this but no one is phoning me back but she was just “well it’s gone past that stage anyway”

The girl (who would not discuss anything except for the very kind offer of pay 1 account now and you can pay the other over time) told me that they will now be visiting to enforce the debt and remove goods.

My question is … can they take goods if they do not hold a Possession order? Am just worried because I know the upstairs window is open!!

[Guest Zooman]

No they can not, and do not worry there is nothing they can do, I will help you stop them being a pain. Do not write to them or phone them until after the weekend. Do not worry and if they should call do not let them in your home. As their real power only come into play if they gain peaceful entry into your home (i.e you let them in or they come though a open window or door). I will post a stop dead letter for you.

[paulson1985]

Dont worry,

 

If they have never been in your home and you havent sighned a walking possesion order they cannot break in.

 

Please dont let them in and dont sighn anything.

 

If you have never let them in I doubt very much they will climb in through an upstairs window.

 

They can get in if you leave a door or window open they have to gain peacefull entry to enable them to do anything and I doubt climbing in through an upstairs window will be an option.

 

If you cant pay what they demand try and contact the council and negotiate a rate you can afford.

This is easier if the bailliff has never been in your home and you havent sighned a walking possesion order, so remember.

 

Dont let them in.

 

Dont sighn anything

 

There is a letter under bailliff and sherriffs around page 22 which is good to send.

The council may say the cant accept it as it is in the hands of the bailliff but send it anyway as then you are showing willingness to pay at a rate you can afford and are not refusing to pay at all.

[becka]

Thanks zooman ... you are a star

 

The only thing I'm worrying about is that I'm in work and going to a ball straight from work so can't get home and close the window

 

Do I need to worry that they may get in today or tomorrow morning and take all my housemates stuff (I own nothing but we have no receipts) Actually that's a lie ... I own a bookcase, a bed and a coffee table!!

 

My housemate will kill me if her stuff gets taken!

[Guest Zooman]

Here you go, if you use it stick to it and send a copy to the LCA. BTw it could be 12 or 18 months but since you are working do not push it past 24 months.

 

Dear Sir/Madam,

Re: Your Reference

 

I understand XXX Council has appointed you to recover my Council Tax Liability arrears for 200x of £xxxx.

 

Firstly I would like to make you aware that I am aware of my rights and you will not gain entry to my home under any circumstances to levy goods and the fees allowed under statue and when which fees can be applied.

 

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £xx.xx and the balance of £xx.xx to be paid on the 24th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and factually hardship.

 

I am able to pay the above amount on the xx of each month, as an act of good faith I have enclosed the first payment chq number xxxxxx. Please advise how you would like future payments made. My personal preference is payment by Standing Order.

 

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

 

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

 

I hope the above meets your approval and I look forward to your timely reply by letter.

 

Yours faithfully,

[Guest Zooman]

Thanks zooman ... you are a star

 

The only thing I'm worrying about is that I'm in work and going to a ball straight from work so can't get home and close the window

 

Do I need to worry that they may get in today or tomorrow morning and take all my housemates stuff (I own nothing but we have no receipts) Actually that's a lie ... I own a bookcase, a bed and a coffee table!!

 

My housemate will kill me if her stuff gets taken!

The truth is they do not want your stuff and rarely claim though windows want the want is a few visit fees (they have yours already) and the money although in these circumstances it would be best not to chance it (if you can not get home you can relax at 8pm as that is when they HAVE to knock off).

[Guest Zooman]

[becka]

Thanks for the reassurance Zooman. I wouldn't normally be panicky as I have no intention of letting them in, and I know I need to sort this - it's just that when I wanted to pay they didn't seem to be that interested!! Even now I'll gladly (well that might be a bit of an exaggeration) but I will, pay - I just can't do it in a lump sum and definitely not 2 weeks before payday! But as no-one was prepared to discuss it with me I spose I just spent the money elsewhere

 

BTW the girl I spoke to told me that if the bailiff does visit it will add a minimum of £500 onto the debt - I asked her to break down that charge for me to check it was in line with what can be charged and she got very mumbled but repeated that her files show a visit would definitely incur £500 on my level of debt (about £1500) ... I didn't realise it was based on the amount as to what would be charged?

[Guest Zooman]

See table above £22.50 for first visit and £16.50 for second visit if they do not enter into your home that is it FULL STOP. Just print a copy of the table and send it with the letter.

 

Vans fees are only once they have a levy.

[becka]

Last question for today ... If they have visited regarding a previous account (from a previous residence) can they apply the walking possession agreement to this account?

[Guest Zooman]

NO and if they try it I will chat to them for you.

[becka]

Thankyou

 

I will now push it to the back of my mind so I can enjoy my ball tonight and hope when I get home tomorrow everything is still there

 

There's nothing I can do in the meantime so I refuse to let it stress me ... they are not worth it!!

[Batfink]

OY WOMAN.

 

Please use the right word in your thread title or I won't give you the vodka that is in my bag.

 

You know what a grammatical pedant I am.

[becka]

T'is my vodka anyway ... I will mug you for it! And then sup upon absolut citron to my hearts content!

 

Anyway - it was an imperative (which is why it had an exclamation mark) rather than a request for advice(which would have been followed by a question mark) ... was telling people to adviSe me

 

Blooming grammatical pedants ... just cos I may have left all your stuff at risk from being taken by the bailiffs!

[Batfink]

You can mug me. I will then run screaming from you shouting that my bedroom window's open too...

 

Oh well, that's one way to go minimalist!

[becka]

Got home on Saturday after a disastrous time at the ball to find ... everything still in it's rightful place (Thank God - I don't think I could have handled getting home to an empty house!!)

 

Windows now shut and I won't be leaving them open when I leave for work for the foreseeable future!

[becka]

Awoken this morning by the "Enforcement Officer" banging on my door. I explained that I wasn't there and would be home after work about 7pm this evening. I advised that the letter as above was sent to the office offering payment on Wednesday last week (had to wait a few days so the cheque sent wouldn't bounce) and he told me it doesn't matter as they will be coming back at 10.30 this morning to remove goods

 

He then put the attendance notice through my door and the debt seems to have increased by about £1000 - he advised that I should get in touch to pay the full amount and if not paying in full not to bother calling

 

There has been no walking possession order signed but am still v worried that they are going to break in and take my housemates stuff

 

No breakdown of charges was left and on the attendance notice the address is wrong (they have called it XXXX Road rather than Drive)

 

What should I do?

[rbrears]

As stated above send them a copy of the table of charges and ask them to justify their charges and provide a breakdown of the debt and the charges.

 

Tell them that if they refuse you will copy the correspondence to the council and consider reporting the bailiff to the court that issued his/her certificate.

[becka]

Have phoned Chandlers ... they have no record of my letter. And no I wasn't sensible enough to send it recorded Grrrrrrrrrrrrrr

 

They are going to speak to the bailiff and get a breakdown of the charges faxed to me - hopefully he isn't going to be breaking into my house in an hours time!

[paulson1985]

Becka

 

If he has not gained peacefull entry he cannot break into your home.

 

 

Do not let them in and above all do not sighn anything.

 

They are just trying to scare you send another letter recorded delivery with another cheque explain your first letter never arrived and cancel your original cheque.

[becka]

Just had fax from Chandlers Breaking down costs as follows:

Account 1)

Original Debt 08/12/05 £1298.46

Original Fee 08/12/05 £22.50

Attendance Fee 21/08/06 £250.00

 

Account 2)

Original Debt 13/02/06 £881.00

Original Fee 13/02/06 £22.50

Attendance Fee 21/08/06 £210.00

 

So .... in no way in line with the above and the first visit I get is an attendance visit???? Funnily enough no mention of the visit mentioned on the phone in April when they spoke to "our builder"

 

Any suggestions with how I should reply?

[paulson1985]

There attendance fees are pretty steep how many times did they say they came , have you read the scale of charges they are allowed

[becka]

This is the first visit I am aware of. When they called me last week they said there had been a visit in April and they spoke to our builder but that can't have been my house as I've never had a builder in the time I've been there. I've seen the scale of charges zooman put on this thread above.

 

I've tried contacting them before to discuss payment arrangement but all they said was that they would pass the details on to the bailiff to contact me and arrange an appointment ... which they have never done and now I get this???? Am still panicking that whilst I am sat at work they are going to be breaking into my house!

[paulson1985]

Bekka

 

 

They cant break into your house , you have never let them in and you have never sighned there walking possesion they are just trying to scare you and this is how they operate.

 

I know its hard but believe me if they break in they are breaking the law themselves.

 

There is a list of what they can charge somewhere on here I will try and dig it out for you and come back I think its something like £26 for a first visit £18 for second that is why there charges are very high like I said I will try and find it for you when you get home tonight try and read chrismc thread about phillips bailliffs, he is in the process of challanging high fees from them , and has learned a lot about bailliffs along the way.

 

Like I said earlier they cant break in DO NOT let them in

[paulson1985]

OK Becka the charges are

 

 

 

£22.50 for 1st visit

 

£16.50 for 2nd visit

 

 

Making a levy (walking possesion) £22.50 for ist £100

 

4% for the next£400

 

2.5% for the next£1,500.

 

so as you can see they are charging you too much.