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Concil Tax and Baliffs - Urgent Baliff returning tonight


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Hi,

 

I have arrears from last October and have had a visit from Ross and Roberts.

 

I so far have refused to let them in!

 

I had a note put through my door last night stating they are returning to remove goods and charge me £300.

 

Today I contacted the council direct and they refused to accept any money from me, and refused to take the debt back from the Baliffs.

 

The facts that the council have are also entirely incorrect, I am a single parent , working part time. Also, the council have not applied my single person discount as they should have.

 

The council claimed they had had no payments from me since 2004, I was on income support till October last yeat so thats not true.

 

Can the Council do this? I though they were obliged to take payment from me.

 

Is there a law that covers this? if so , what is it?

 

What do I do now??

 

Thanks

 

EDIT: Sorry for the Spelling mistake in the title!!!

Edited by quadxeonman
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If you are on benefits then you need to resolve this with the council.

 

If a bailiff is charging you £300 then he is trying to swindle you. the law only allows £24.50.

 

Never let him in, never sign anything.

 

Check whether the council complied with the law. Before instructing a bailiff, the council must do the following.

 

Regulation 33(1) of the Council Tax (Administration and Enforcement) Regulations 1992

 

 

33.—(1) Subject to paragraph (3), before a billing authority applies for a liability order it shall serve on the person against whom the application is to be made a notice ("final notice"), which is to be in addition to any notice required to be served under Part V, and which is to state every amount in respect of which the authority is to make the application.

 

 

Regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992

 

 

(2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.

 

 

Check whether you fall into this category: A vulnerable person means Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

 

Pay the council online and print the receipt. If you get rebuke then contact the Local Government Ombudsman quickly

 

I doubt he'll be back tonight, just a bailiffs scare tactic, make your house safe.

The next generation Nintendo Wii - the Nintendo Puu

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Hi, Council do not accept online payments.

 

Can I pay at the post office.

 

What is the point in making this payment?

 

I am a single parent of a 6 year old girl, so do i fall into the category? If so, what does that mean?

 

Thanks

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I am a single parent of a 6 year old girl, so do i fall into the category? If so, what does that mean?

 

Thanks

 

Have a read of this link, does any of this apply to you?

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

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Yes the advice in the above thread is accurate.

 

I think all councils accept online payments. I personally have no experience of this because my bank has always dealt with it on my behalf under the DD scheme.

 

Unfortunately for me, EDDC ONLY take the following payment methods:

 

Direct Debit

 

Cheque payment by post

 

Card payment by phone

 

They are flatly refusing to take the debt back from balif and refusing to accept any form of payment from me.

 

What do I do now?

 

Also, I dispute the amount owed anyway as it is incorrect

 

Thnx

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They are flatly refusing to take the debt back from balif and refusing to accept any form of payment from me.

 

 

Then you have no liability. The liability order requires you pay the AUTHORITY. Close the case.

 

Also, I dispute the amount owed anyway as it is incorrect

 

Thnx

 

Query it, then contact the Local Government Ombudsman if rebuked. Capture the telephone call on a recording device.

 

removed external link

 

 

Tell the council the amount is wrong and say why. - speak slowly and wait for the person to reply. Never talk over someone when recording a call, always give long pauses.

Edited by IdaInFife
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Well it gets deeper and deeper!!!

 

The council are refusing to take back the debt, and have agreed with the bailiffs to collect 350 pounds today.

 

When i met the bailiff in the pub car park, he handed me a Notice of Seizure of Goods and Inventory, listing my company car as the inventory.

 

 

This vehicle is not owned my me personally , but is owned by the company, of which, I am a director.

 

He made me sign the notice, so I wrote on big black letters across it, that the Vehicle didn't belong to me, and then I am signing this under duress and was not happy signing the paper as I didn't own the vehicle.

 

This notice was dated the day before, he had obviously been round in the dark the night before and took the registration down.

 

******....

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You should never have signed it.

 

He cant do anything with the car if its not yours. If he interferes with it then you as a company director can report it stolen. If the police dont acceopt it is stolen then you can report the police officer for Perverting the Course of Justice. Your company then bills the authority for the replacement cost of the vehicle.

 

If the council refuses to accept payment before a witness then your liability is discharged.

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Yes the advice in the above thread is accurate.

 

You say the advice in this thread is correct, Where can I get the info from to prove it.

 

The Bailiff and the Head of Finance at EDDC are both denying it is correct.

 

It MUST be documented somewhere??

 

Thnx

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Bailiffs. pfffff

I hope you asked to see his ID (His charging Certificate is a good one to ask for, as they usually never carry it. If he cannot produce it you can call the police and get him from under your feet!!)

Never sign anything and never meet them or speak to them!!!!!!!!!!!!!!!!!!!

Do not allow them in your house. They are low life.

 

 

Get down to your Council Rates Office asap and demand to see the manager of the Domestic Rates Office. He has the power to 'bring' your account back to the Council. Also you have the right to have your bill assessed as a single person.

 

Debris55

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I will clarify some more.

 

My local MP was in Parliament today , so his PA rang and spoke the the Head of Finance at East Dorset District Council.

 

The Head of Finance told the MP's PA that there was nothing she could do to take the case back from the Bailiffs and that I would have to reach an agreement with them.

 

This lady from the council, rang the Bailiffs and told them to accept £350 from me today.

 

I met them in the car park, and paid the money. It was in the car park that the Bailiff handed me a Notice of Seizure of Goods, dated the previous day.

 

Is this legal, can he do that???

 

Where is this legislation documents that the post referred to above, makes reference to??

 

The Council have agreed to asses my account to make sure I get the required discounts etc etc

 

As far as the Council are concerned, there is nothing more they can do? Is this correct? I now have to make a payment to the Bailiff on the 1/1/2010

 

Thnx

Edited by quadxeonman
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There is no legislation that prevents a council taking a case back to internal administration. It will have after a period of time if the bailiff cannot collect. If you fob the bailiffs off long enough, they move onto their next victim.

 

Bailiffs cannot charge you work he hasnt done, that notice of seizure is probably a way to swindle you of money by charging fees.

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The notice states that :

 

I have today seized, Distrained and Impounded on the premises the goods specified in the following Inventory

 

This notice dated yesterday, and as I have said, he must have snuck round in the dark last night and got the Reg No as the car was parked outside.

 

The manager from Ross and Roberts is a bully and threatened me down the phone that if I didn't make payment today then he would collect the car within the hour. He also threatened to make me bankrupt in the morning!

 

He was a bully, nothing more, nothing less.

 

What can I do about it all now???

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As stated in my previous post, do not speak to them (I take it is Ross & Roberts) on the phone.

Communicate in writing.

Go down to the rates Office and ask for the Manager. They can take the account back from the Bailiff!!!! I have done this for a few friends of mine. Put your offer (If you can) in writing as well. Pressure the Council to reassess your bill(s).

Their is no way on earth a Bailiff could make you 'Bankrupt in the morning!!'

They are bullying you.

As for the 'Charging Cert', look up Baliff's Identification on the Internet.

 

Debris 55

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OK

 

Its ok stating 'They can take the account back from the bailif' but they are refusing to do so, saying that they cant do it.

 

I looked up the Bailiff on the net and he is correctly registered.

 

I know they are bullying me!

 

Can I contest the Notice of Seizure of Goods, as the vehicle listed is not mine?

 

Thnx

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Yes, but not worth bothering about, the bailiffs liability insurer or his bailiff bond foots the bill if they mess around with goods that do not belong to you. Section 1 of the Torts (Interference with Goods) Act 1977.

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Yes, but its easier to do this if you can catch the bailiff trying to swindle you with his fees. Visit fee is £24.50, signed walking possession agreement is £12. This is not just an inventory - it must have an agreement between you and bailiff. Nothing else provided none of your goods have been transported to auction by a bailiff.

 

Have a read

 

Council tax arrears - good practice protocol

 

National Debtline England & Wales | Debt Advice | Factsheet 02 Bailiffs And Council Tax

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this whole thing sounds like a farce. sorry for the long post.... these guys make my blood boil:-x:-x

 

in order for the bailiff to seize goods he must have an enforcement order, which must mean that a summons was issued and judgement awarded against you... have you had a summons?... If you have not received anything you can apply to have judgement set aside at the courts on the grounds that you never received the summons.

 

Has the bailiff given you details of the debt & HIS charges?

 

have you been in touch with this guys head office about his behaviour?

 

you definitely should not have signed anything.... He CANNOT take a company car no matter what he threatens, and by signing, you have agreed that he can if you don't pay.

 

Did you pay him any money? if you did, what you have to remember is that the Bailiff will take HIS CHARGES first, and only then will he pay the remainder to the council to pay off your debt.

 

You should have stuck to your guns & refused to pay until you had a little more info.:evil: However, at least you can stop it getting any worse...

 

By signing that paper the bailiff has levied distress on your (company) car, but he hasn't levied anything else.... did you get a copy of the distraint notice?

 

I think you need more information from your council, like, how the amount you owe is made up (i.e which years the amount is made up from & the figures for each year) AND if there is a judgement against you, which court is it from & what date was it issued. - you will need this info if you want to have the judgement set aside.

 

Then, I would explain to them the situation to date, including the behaviour of the bailiff & any monies paid to him by you, advise that you are in no way trying to avoid payment of any debt, but that you are not happy to pay a bailiffs fees aswell! advise that you weren't aware of any judgement or debt until the bailiff arrived & that you will be applying to have the judgement set aside, & ask if they could agree a weekly/ monthly repayment figure in the meantime to give you time to investigate the matter thoroughly. Keep asking for the supervisor until you get to someone who has a bit more authority to say yes....

 

Next, I would ask to speak to the person in charge of appointing the bailiffs to the case, ( usually there is one senior person who deals with it) explain you situation to date, and inform them of the menacing & threatening behaviour of a bailiff who is acting on their behalf and ask that they investigate the practices of this particular bailiff &/or company.

 

Then I would get on to the guy's supervisor at head office, speak to them about his behaviour and in particular the levy on the car, insist that they put it on record that the car does not belong to you. Make them aware that because of his actions you have made a formal complaint to the council, who will be investigating his actions & anything else you manage to agree with the council ( like repaying them not bailiffs) and ask them to call off their dog. I would also tell them you have informed your MP. & will make a complaint to the ACEA, ( assosciation of civil enforcement agencies) if they fail to act.

 

I would also suggest you ask your boss to write a letter stating ownership of the car, & if they have it, produce a copy of the log book, and send the whole lot along with a formal letter of complaint to the head office of the bailiff.( get a name when you ring them for the appropriate person) I would also make it clear that if they DO try to take the car that you/your boss will take legal action against them.Either email & request confirmation email, fax or Send special delivery so that you know that it will arrive next morning & they have to sign for it so you have proof of delivery.

 

 

finally a good source of advice on bailffs can be found at www. bailiff advice online .co.uk (just type into the address bar without the spaces - everytime I try to do a link it comes up as telly tubbies!:eek:)

 

ok.... finished now!:oops:

hth

hunni

My fight so far:

 

hunni2006 V Halifax Bank: Charges £963.11 refunded nov 2006:D

Cabot financial V hunni2006: defending court summons, ongoing... July 09 :-x:-x:-x don't even get me started about them....grrr still battling

 

hunni2006 V Capital One: SA request & CCA issued, ongoing.. July 09 OC 'checking the archives...' Sept 09, no agreement, files closed!:D

<<<<<<<<<<<<<<<<<<<<<<<<<<<<<< please feel free to tip my scales if I've been helpful!

:DLearning more, every day.....

 

I have No legal training, any opinions and advice posted are entirely my own opinion, and based on life experiences and knowledge gained on this great site. Ultimately, what you do is up to you.

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