whyte & co notice of intended seizure

[saint-luco]

when i got home tonight i found 1 of these cards posted through the door. i telephoned the person who had posted it and he confirmed it was for none payment of council tax,as it was too late to phone the council to find out how much is owing,about 6 weeks ago i recived a letter from the council threatening me with the bailiffs which i thought was then paid up, tonight i have found out it was only paid up till the end of october, i now understand the arrears to be in the region of £600. for various reasons at this moment i only have £100 in my bank, i need this for fuel to get to work, the next time i would be able tl pay something is on the 30th dec, although i wouldnt be able to pay it all at that time i could probably afford to pay it over 3 months, could anyone give me advise on which routeto take and which letters to send and who too

thanks

saint-luco

[tottys]

have the bailiff been in your house????if no then just pay the council direct pay what you can afford don't let them in...

[saint-luco]

so no letters to anyone, just pay direct to the council when i can afford it and how much i can afford

[Mr. Kipling]

By doing that you're showing a willingness to pay. No court will send you to prison for trying to pay up, and like I say to people, find out if you can pay via their website, as that way you can get a printable receipt which you probably can't get over the phone.

[saint-luco]

telephoned the council this morning and spoke to a very nice lady who explained that i had to deal with the bailiffs not the council but after a while agreed to mark my account with the payment scheme i had suggested. the total owed is £515, she was actually quite sympathetic as we have allways paid on time, she wished me luck and said "whatever you do dont let them in".

so ithen fired off an email to the council and the bailiffs, printed them and sent them recorded delivery. this is the copy of the letter/mail

 

Dear Sir/Madam,

Re: Your Reference

 

I understand ***** Council has appointed you to recover my Council Tax Liability arrears for 2009 of £515.00.

 

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

 

Due to my circumstances I am unable to pay this in one payment. Today I contacted the council and informed them that I will be making direct payments to the council of £100 on 30/12/09, £100 on 27/01/10, £160 on 01/02/10 and the remaining £155 on 01/03/10 or nearest working day after these dates

 

It should be noted that I am not at any point refusing to pay this debt..

 

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to receiving this within 14 days.

 

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

 

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

Please ensure all future correspondence is to be by mail only.

 

Yours faithfully,

Edited December 8, 2009 by saint-luco
remove name

[saint-luco]

have recieved a letter stating.

as you are refusing to allow a levy the full balance is payable by return post. we are unable to enter any repayment plan. if you choose to pay the council directely it will reduce your debt but it will not stop bailiff enforcement action which will continue without further warning.

 

any ideas anyone

[crockie]

have recieved a letter stating.

as you are refusing to allow a levy the full balance is payable by return post. we are unable to enter any repayment plan. if you choose to pay the council directely it will reduce your debt but it will not stop bailiff enforcement action which will continue without further warning.

 

any ideas anyone

 

Watching this with interest as I have sent same kind of letter to our Bailiff and I imagine the response will be the same.

 

I intend to keep mithering the council to take the debt back and keep making payments. I have forwarded proof to Bailiff that council have accepted payment via online service.

 

Interesting to note that they intend to continue enforcement action when they are fully aware that you dont intend to allow a levy. Without a levy they can do naff all other than harrass you which I believe is illegal ?

 

I will be keeping doors and windows shut, wont be answering door to anyone and will be keeping my digital camera and phone at the ready. The minute they turn up at 7.30am, block the drive and start threatening me then I will record the lot, ring the police if necessary and then arrive at council offices the minute they open and provide the proof of bailiffs actions. Please note I am not saying this to scare you but to prepare you

 

That letter has been sent in order to frighten you into paying them, they may never come again.

 

Good luck with it.

[ploddertom]

have recieved a letter stating.

as you are refusing to allow a levy the full balance is payable by return post. we are unable to enter any repayment plan. if you choose to pay the council directely it will reduce your debt but it will not stop bailiff enforcement action which will continue without further warning.

 

any ideas anyone

 

There is nothing anywhere that says you have to deal with a Bailiff. As long as you stick with the plan you have given the Council all will be well - a note of caution though, due to delays in the banking system you should pay a few days earlier so that they receive their money on the due date.

 

As for the bailiff just totally ignore him and any demands they may make. You will already have incurred charges from them but as long as they do not obtain a levy on any goods the most they can charge you are the 2 statutory visit fees which total £42-50 - you will have to pay these. I can see they are going to tell you that they will enter by force, get a locksmith in your absence, have you arrested etc - all hot air and if you can try and record them doing this.

 

Eventually they will move on but in the meantime man the barricades.

 

PT

[wonkeydonkey]

have they actually told you what is now the council tax balance (after you made the last payment) and how much they think they are entitled to enforce? I think this is a "how dare you not pay my extortionate fee's" letter, ignore them and carry on making regular payments direct to the Council, keep doors and windows locked and if they turn up refuse to speak with them.

[saint-luco]

the balance is £550 and their charges are £24.00 so far. i think there may be a problem as they have spealt my partners name wrong so am trying to contact council to see if that will make them take debt back, anyone know if this will affect the liability order?

[ploddertom]

the balance is £550 and their charges are £24.00 so far. i think there may be a problem as they have spealt my partners name wrong so am trying to contact council to see if that will make them take debt back, anyone know if this will affect the liability order?

 

On the basis of probabilities a slight spelling mistake will make no difference as it is assumed they have the right person eg

Partners name Mr Wright

On forms it comes as Mr Right or Mr Write, usually taken to be OK but if it comes as: Mr Smith then that is totally different.

 

PT

[hallowitch]

be very very careful where you park your car if the bailiff cant get in to your home to levy they will levy your car so keep it well away from the house is the car on finance

[saint-luco]

i got a bank loan for my car, i do need this for work as there is no public transport to where i work also i start at 05.00 so need it, also since i had a heart attack 2 years ago i struggle to walk any distance, so a walk to the station is out of the question

[ploddertom]

Are you registered as disabled and do you claim any allowances eg disability living allowance. Are you waiting to have surgery to sort out your heart condition...if so you may be classed as a "vunerable person"

wd

[saint-luco]

no not registered and no allowances, the reason i cant walk far is a thrombosis in the leg i am waiting for surgery to deal with that, whilst i have a heart disease, the drugs control that. but i cant get to work without the car and as i struggle to walk far i cant hide it very far away

[tomtubby]

no not registered and no allowances, the reason i cant walk far is a thrombosis in the leg i am waiting for surgery to deal with that, whilst i have a heart disease, the drugs control that. but i cant get to work without the car and as i struggle to walk far i cant hide it very far away

 

I am sorry to hear of your illness

 

HOWEVER...it would apear that your circumsrtances are classed as "vulnerable" according to the National Standards for Enforcement Agents and accordingly consideration shoulf therefore be given for the bailiff company to return the debt back to the local authority.

 

You need to ensure that a letter is send by e-mail to the company TODAY.

[saint-luco]

I am sorry to hear of your illness

 

HOWEVER...it would apear that your circumsrtances are classed as "vulnerable" according to the National Standards for Enforcement Agents and accordingly consideration shoulf therefore be given for the bailiff company to return the debt back to the local authority.

 

You need to ensure that a letter is send by e-mail to the company TODAY.

 

have you a link please

[tottys]

no not registered and no allowances, the reason i cant walk far is a thrombosis in the leg i am waiting for surgery to deal with that, whilst i have a heart disease, the drugs control that. but i cant get to work without the car and as i struggle to walk far i cant hide it very far away

did you know you can claim for disability allowance if you have got a heart condition and still keep working my uncle had a heart attack a few years ago and he has claimed it and is still working thought this might be of some help to you....

[RaeUK]

Hi Saint, I would certainly expect both your heart condition and thrombosis would be classed as serious. The following is from the national Guidelines for Bailiffs [i don't have a linky thing but google if you so desire]:

 

Those who might be considered vulnerable include the following:

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading English.

 

You could write to your local council informing them of this and request that the debt is taken back. They should be aware of the guidelines and do so. [Amusingly, the Bailiff should recognise you as vulnerable and notify the court/council accordingly. I wonder if any actually do?]Alternatively, the Ministry for Justice recommends that you apply to the appropriate Magistrates Court for a re-hearing.

 

Don't be put off by the word 'Guidelines'. These are the standards Bailiffs should work to and any council seeking best practice would recognise this.

 

Rae

Edited December 14, 2009 by RaeUK
typoo

[High Court Enforcer]

Saint Luco you would definately fall under the 'vulnerable person' guidelines. Contact the council and make the bailiffs aware of this.

[saint-luco]

have spoken to the senior recovery assistant at the council, he has agreed to call off the bailiffs for 20 days to allow me to get evidence of my illness to him and whyte & co. also i will try to arrange a loan with my employer to pay the bill in full. thanks everyone for their help

[ploddertom]

have spoken to the senior recovery assistant at the council, he has agreed to call off the bailiffs for 20 days to allow me to get evidence of my illness to him and whyte & co. also i will try to arrange a loan with my employer to pay the bill in full. thanks everyone for their help

 

Good luck and fingers crossed for you.

 

PT

[RaeUK]

So pleased to hear that, Saint. I hope all goes well for you and do keep us posted.

 

Rae

[saint-luco]

last update for you, have seen the doctor and am getting a letter to give to the council, went to see my boss, the tax will be paid tomorrow morning also when i saw the doctoor she said this has gone on long enough and has got me an appiontment with a vascular surgeon before christmas, so hopefully an operation soon after. once again thank you all for the brilliant advice and support given

 

luco

[RaeUK]

Good news saint - ha! Who'd have thought a brush with your friendly neighbourhood bailiff would help you get a quicker appointment for surgery? Now that's what I call a result.

Good luck

Rae