Concil Tax and Baliffs - Urgent Baliff returning tonight

[Debris55]

Firstly..... the Council is talking utter tosh !!

Every single case where you make an offer of payment to them, they are required to accept ALL offers of payment from you, and are required to take the account back from the Bailiffs as per the Council Tax Collection and Enforcement Regulations, and the Local Government Finance Act.

 

How much do you owe still ?? Not including Bailiff's fee's. And what fee's have the Bailiff's added ??

 

Inform the Bailiff's that you are being bullied and threatened by this bailiff(The MD Is Mr Steve Roberts) and that you are talking directly with the Council and that they will be taking the entire account back from them.

 

But speak to the Council first and get them to take the account back and arrange payments with them as per the regulations and act noted above. If they refuse, escalate it to their manager, and keep escalating it.

Advise the Council that you are aware that they are required by the laws that govern them that they have to accept all reasonable offers of payment and if they refuse they are in breach of them and you will escalate it, and if necessary take it to your MP as a formal complaint.

 

Hope this helps

[hunni2006]

oops, forgot one thing... get a list & explanation of the bailiff charges.... they often try to charge for fictitious visits...

 

I speak from experience in all this... I was in the same situation as you at the beginning of this year & managed to get the council to take back the debt & agree a repayment & I also got a refund of some of the fees the bailiff had charged me (by the bailiff's company)

 

I have also dealt with several other bailiffs & had charges withdrawn or refunded. so check what they are charging for & request proof of visits.

[quadxeonman]

I will add more ...!!

 

It is the actual Head of Finance from EDDC that is saying there is nothing they can do to stop the Bailiffs. It was her, who made it clear I had to make a payment today direct to the Bailiffs to stop them taking my car away....

 

To make one thing clear, i missed above, The bullying was NOT from the Bailiff himself, but from his bully of a manager.

 

The vehicle is owned by a company that I am a director of, and the company paid for the vehicle. The company is listed as the Registered Keeper, with my name added as co sponsored keeper. This is done as its very hard to get insurance on a car if you are not the registered keeper.

 

The vehicle is even listed on its accounts at companies house as an asset.

 

Its all well and good , being told that the bailiff cant do this and that, but when you are the one being threatened down the phone, its all very distressing.

 

I was told when I met the Bailiff in the car park (I walked) that unless i signed the paperwork, then he wouldnt be able to stop the collection on the car.

 

The car has a value of somewhere between 30 - 40,000 so it seems little out of proportion with the debt owed.

 

The Debt is made up as follows:

 

2412.89 EDDC Arrears

 

83.00 Levy fee to scale schedule

 

12.00 Statutory Walking Possession Fee

 

24.50 1st visit fee

 

18.00 2nd visit fee

 

24.50 Administration fee in accordance with section H

 

Total 2574.89

 

In Reality, the council have failed to deduct the 25% single person discount, and up until very recently, I have just found out, I should have been entitled to 13.28p per week discount as I was on a low income.

 

The Council have admitted today that the debt in reality is nearer 1000.

 

I have been in touch with my local MP and it was his PA (he was in parliament today) that got in touch with the Head of Finance to discuss the matter for me.

 

I wrote in huge letters on the Notice of Seizure that I did not agree with signing it, as I didn't own the vehicle listed. But the Bailiff gave me NO choice in the matter.....

 

The Notice also has yesterdays date on it, if that means anything. The reason I ask, they have made me sign it today, the vehicle was NOT at the property at all today.

 

Can they charge me a levy fee when they havant actually taken anything away??

 

The Regulations and Act that you speak of, Where does it, in the act, state that they are obliged to take back the account from the bailiffs, i have googled for it and can find no reference ....

 

Can I get the Notice of Seizure overturned?

 

Can I get the council to take the debt back?

 

Thanks all

[Debris55]

Who admitted that the debt is a £1000.00approx?

[quadxeonman]

When the MP's PA rang me back, she said that the council are going to re-review the case.

 

If the discounts that I should have been given are deducted from the debt, then its true value would be nearer 1000.

 

Although, i calculate it to be nearer 1342.0

 

thnx

[Debris55]

When is the review taking place?

[Debris55]

With this information you should be able to press them to take the debt back

[quadxeonman]

Soon I assume, the MP has asked me to write to him, with all of the details, including the fact that I am a single parent , been in hospital for an operation etc etc .

 

The thing that confuses me, is why they still claim there is nothing they can do and it must stay with the bailiffs. Where can I quote this legislation from, I would hate it to be something that is based on some sort of assumption.

 

Thnx

[ploddertom]

Although there have been lots of comments I believe you need to go back to basics:

 

1 Find out from the Council how much the Liability Order is for and how much is still outstanding, also what date is was passed to the Bailiff - this helps in checking dates of visits/charges.

2. Ask the bailiff company for a statement of your account including a screenshot - this shows all activity, they may fob you off by demanding £10 for a Subject Access Request but this falls outside the scope of Data Protection and does not apply. They have a legal requirement to provide this info.

3. Dealing with the Council - deal with someone higher up and not those on the desk. To pay the Council direct get a friend to enquire og how to pay by DD, this gives there Sort Code & Account No allowing you to pay by Online Banking and putting your own CT Ref on the payment. As it is done electronically it has to be accepted. Hint - make regular payments you can afford if possible weekly - shows willing on your behalf.

4. Ignore the Bailiff,whether on the phone - unless you can record the call, at the door. Will be hard but eventually he will get the message. If you do manage to make payments online I can guarantee he will get very grumpy and makes lot of threats all of which are hot air.

5. When he first turned up did you ask for his ID, he must also carry a copy of the Liability Order. He must also be Certificated so ask at which Court. If you have his name you can check online - see Stickies for details.

6. PM Hallowitch for further help she is a whizz at Council Tax.

 

PT

[quadxeonman]

OK

 

In order:

 

1: will do this tomorrow

2: same

3: Can I go higher than the head of finance? Good idea, will get those details tomorrow!

4: Ignore for how long, I am now supposed to make a payment on 1/1/2010

Will they simply not just arrive and remove the car?

5:Yes to ID, He had copy of order, he is certified, i checked

6: I will

 

 

Thanks

[ploddertom]

OK

 

In order:

 

1: will do this tomorrow

2: same

3: Can I go higher than the head of finance?

 

Chief Executive

 

Good idea, will get those details tomorrow!

4: Ignore for how long, I am now supposed to make a payment on 1/1/2010

 

Follow payment details in orignal message.

 

Will they simply not just arrive and remove the car?

 

Very much doubt it as they want cash and not goods, if you are already paying then they may find it difficult to justify their actions.

 

5:Yes to ID, He had copy of order, he is certified, i checked

6: I will

 

 

Thanks

 

PT

[ploddertom]

As an extra have you contacted your local Councillor? If not do it now tonight before it gets too much later. They asked for public office so expect to be disturbed at strange times - mind if it were me would class 9pm as latest time.

 

PT