Help with Bailiff for Council Tax

[stressed2009]

Hi

 

I need some advice, I was at home today as now on maternity leave and a piece of A4 paper (no envelope) was dropped through our letter box from Rossendales titled "FINAL NOTICE" and stating that they are now giving 24 hours statutory notice of their intention to recall and remove possessions to satisfy the outstanding debt and costs. It addressed to my partner only and does not include my name. I guess this would be because the council tax is in his name only I only moved back in a little while ago. He does not get a 25% discount for lone occupancy so I am assuming this is ok or should I put the council tax in joint names? As I am home alone during the day I obviously dont want them coming round when I am in on my own I am so scared its something I really dont need at 35 weeks pregnant!

 

I am in the process of applying for council tax benefit as we are now on an incredibly low income which we cant afford to live on. Does anyone know if you can get help from the council to fill the form in? The reason being I had a car crash in early December which has left me with difficulties with anything that requires a lot of moving head about as it makes me severely dizzy and nausea - no this is not an excuse I am just trying to give the whole picture.

 

Any help would be appreciated as I just dont have the spare money to pay anything let alone the full outstanding amount plus their charges for 09/10.

 

Thanks

 

Stressed2009

[stressed2009]

Oh and just a bit more information....

1. We have no car currently as mine was written off, I am using a hire car. I am assuming they will not be able to touch this or any of the items in it?

2. The garden is padlocked, and climbing over the fence WILL cause damage as its quite ancient, or should I just remove all items of value to inside the house as they have never been given entry

[hallowitch]

your council may have a welfare/Housing benefit's adviser phone them and ask

 

send conformation to the bailiffs that you are 35wks pregnant and ask them to send the debt back to the council

you should fall under The National Standards of Enforcement vulnerable persons as you are 35 wks pregnant

 

send confirmation to the council also and ask them to recall the debt back explain you financial circumstances and offer to pay xxxx amount make sure it an amount you can pay so you don't default

 

ask the council to send you a copy of there Code of Practise on The Use of Bailiffs in The Enforcement of Council Tax

 

send all letters recorded delivery and keep receipts

[hallowitch]

Oh and just a bit more information....

1. We have no car currently as mine was written off, I am using a hire car. I am assuming they will not be able to touch this or any of the items in it?

2. The garden is padlocked, and climbing over the fence WILL cause damage as its quite ancient, or should I just remove all items of value to inside the house as they have never been given entry

 

 

Put them on notice in your letter that the car is a hire car hired by your insurance company following an accident therefore it cant be seized

 

Move your garden stuff its better to be safe than sorry and you don't need the hassle

 

send a copy of the letter you send to the bailiff to the council and ask them to file it in your records for future reference

[stressed2009]

Thank you for the advice got straight on the phone to the council tax department at the council. They were actually really helpful and have told me that they will call the bailiffs to suspend the action and if I take my bank statements etc down to the council offices someone will fill in the forms for me

 

Still slightly worried the bailiff will come back tomorrow but wont be opening the door, take it if I am not in they cant do anything?

[seanamarts]

Thank you for the advice got straight on the phone to the council tax department at the council. They were actually really helpful and have told me that they will call the bailiffs to suspend the action and if I take my bank statements etc down to the council offices someone will fill in the forms for me

 

Still slightly worried the bailiff will come back tomorrow but wont be opening the door, take it if I am not in they cant do anything?

sounds promising

[wonkeydonkey]

Thank you for the advice got straight on the phone to the council tax department at the council. They were actually really helpful and have told me that they will call the bailiffs to suspend the action and if I take my bank statements etc down to the council offices someone will fill in the forms for me

 

Still slightly worried the bailiff will come back tomorrow but wont be opening the door, take it if I am not in they cant do anything?

 

Thats right they can't do anything except stand on the step whistling dixie while they freeze to death..

wd

[RaeUK]

Well done stressed2009, sounds as if you have a reasonable council! You've had good advice regarding your probability of being in the vulnerable category, as laid out in the National Standards for Enforcement Agents.

So all I can do is give you my best wishes and hope all goes well when Little Stressed comes along...

Rae.

Edited January 21, 2010 by RaeUK
type o

[stressed2009]

Grrrr well turned out we were not entitled to Council Tax benefit as our income was not low enough, not enough to survive on though We have not been able to come to any affordable arrangements with the council so far and it appears to have been passed back to the bailiff.

 

I am now 5 days overdue with the baby and they are apparently coming back in next 24 hours to remove goods!

 

In the last couple of weeks things have begun improving financially, he started on a contract last week earning decent money his first pay date is this Friday.

 

Our situation is slightly different now... We have a car which was purchased for me by my dad and until I pay him the money for it, it is his car. Between myself and OH's Dad we lent my OH the money to buy a van (which he needed for work, he needs it for his job), again his Dad owns the van until he has paid him and it is registered as his Dads.

 

Tried to call the council again this morning they are now refusing to deal with me as its solely in his name. As its only his second week on the job he cant take long out to call them up for 30 mins or so to discuss it. I know it doesnt sound like long but they have inspectors and big bosses on site today and are working extra hard. I really need to sort this for him ideally I have all our income and expenses infront of me so would be much easier for me to deal with. Also, they are saying as its in his name they wouldnt have to take it back as he does not class as vulnerable! Great so its me in all day being caused extra undue stress

 

I take back every word I said about them being helpful! It really does depend who you get!

[ploddertom]

Grrrr well turned out we were not entitled to Council Tax benefit as our income was not low enough, not enough to survive on though We have not been able to come to any affordable arrangements with the council so far and it appears to have been passed back to the bailiff.

 

I am now 5 days overdue with the baby and they are apparently coming back in next 24 hours to remove goods!

 

In the last couple of weeks things have begun improving financially, he started on a contract last week earning decent money his first pay date is this Friday.

 

Our situation is slightly different now... We have a car which was purchased for me by my dad and until I pay him the money for it, it is his car. Between myself and OH's Dad we lent my OH the money to buy a van (which he needed for work, he needs it for his job), again his Dad owns the van until he has paid him and it is registered as his Dads.

 

You will need some documentation to prove this should they come.

 

Tried to call the council again this morning they are now refusing to deal with me as its solely in his name.

 

They are hiding behind Data Protection. You could always do this via email usinh OH email address.

 

As its only his second week on the job he cant take long out to call them up for 30 mins or so to discuss it. I know it doesnt sound like long but they have inspectors and big bosses on site today and are working extra hard. I really need to sort this for him ideally I have all our income and expenses infront of me so would be much easier for me to deal with. Also, they are saying as its in his name they wouldnt have to take it back as he does not class as vulnerable!

 

"Vulnerable" status applies to the whole household, he needs to send letter to Council & Bailiff's.

 

Great so its me in all day being caused extra undue stress

 

I take back every word I said about them being helpful! It really does depend who you get!

 

It would appear that your Council are being anything but helpful - the chances are that they have outsourced this work and you are not talking to the actual "Council".

 

In your circumstances I would immediately contact your local Councillor and explain what has happened. If not interested then ask if he will give statement to Press about being forced to give birth whilst Bailiff removing goods. When I say immediately I do mean NOW or at longest in an hours time.

 

PT

[stressed2009]

Hi

 

Thanks for the advice I have spoken to my OH and he has asked that I send the email on his behalf. We are worried they will not accept the payment proposals as we are willing to pay the arrears off but want to make sure the priority is paying the current payments as well is there a maximum time limit they are allowed to spread the payments over.

 

Also, as the council tax is solely in his name and therefore the liability order obtained is in his name only can they take my possessions? I have been gathering receipts for all my things but am wondering if there is any point to this?

 

Also, what can we have to prove his dad and I paid for the van for him it was a cheap run around and we got cash out? The registration documents (in his dads name and at for his dads address) were only posted off yesterday so van is still possibly showing in previous owners name. - Also if they take the van which may have his tools in it he will not be able to work due to the type of trade he is in! Meaning we would be back to square one unable to pay at all as he would be back on minimum wage for the agency.

 

One final thing... should I contact the bailiff directly and tell him I am dealing with the council?

 

Thanks

 

Stressed2009

Edited March 3, 2010 by stressed2009

[ploddertom]

Hi

 

Thanks for the advice I have spoken to my OH and he has asked that I send the email on his behalf. We are worried they will not accept the payment proposals as we are willing to pay the arrears off but want to make sure the priority is paying the current payments as well is there a maximum time limit they are allowed to spread the payments over.

If a payment plan is made available by the Bailiff they will insist on something that is not feasible. The Council will refuse point blank at this stage. Don't forget the new CT year starts in less than 1 months time.

 

Also, as the council tax is solely in his name and therefore the liability order obtained is in his name only can they take my possessions? I have been gathering receipts for all my things but am wondering if there is any point to this?

 

It is correct they can only take things belonging to the debtor but you may have a job claiming for some items. If you really want to go this route then you would need to complete a Statutory Declaration.

 

Also, what can we have to prove his dad and I paid for the van for him it was a cheap run around and we got cash out?

 

Get your dad to a Stat Dec on the vehicles.

 

The registration documents (in his dads name and at for his dads address) were only posted off yesterday so van is still possibly showing in previous owners name.

 

Only gives the registered Keeper and not the legal owner

 

- Also if they take the van which may have his tools in it he will not be able to work due to the type of trade he is in! Meaning we would be back to square one unable to pay at all as he would be back on minimum wage for the agency.

 

One final thing... should I contact the bailiff directly and tell him I am dealing with the council?

 

Unless you can record converations with him itis not worth it as he will lie or deny what has been said.

 

Thanks

 

Stressed2009

 

If he hasn't been in your home you are quite safe in the knowledge he can do very little. In the meantime do as I said earlier and contact your Councillor - in my opinion you can do this up until 9pm in the evening. You can start paying the Council direct at a level you can afford, do this on a regular basis and it shows your willingness to cooperate. This can be done using the Council website or automated phone.

 

PT

[stressed2009]

Sorry only just seen your reply. Apologies in advance for spelling errors in message having to use mobile internet.My mum has been trying to contact local councillor for me as I am having to lie down as am feeling really unwell. Just waiting for midwife to call back I may have to go in for monitoring as midwife is concerned havent felt much movement today and may have to be monitored. Its worrying me if I do have to go in that they will come back in morning and take my car as i wont be here to protest that its mine! Mum says she will try again in the morning but what if its too late

[ploddertom]

Sorry only just seen your reply. Apologies in advance for spelling errors in message having to use mobile internet.My mum has been trying to contact local councillor for me as I am having to lie down as am feeling really unwell. Just waiting for midwife to call back I may have to go in for monitoring as midwife is concerned havent felt much movement today and may have to be monitored. Its worrying me if I do have to go in that they will come back in morning and take my car as i wont be here to protest that its mine! Mum says she will try again in the morning but what if its too late

 

Will your mum or dad take car for you. I think you need to worry more about yourself and junior now rather than the Bailiff. All of this can be fought at a later date, you are the most important now. If you are not there and car has been moved then there's not a lot they can do.

 

PT

[RaeUK]

...I am now 5 days overdue with the baby...

 

I'm sorry hunni, but you are about as pregnant as you can get without being pregnant any more. The National Standards refer to the household not the individual. It would be pretty pointless for it to operate any other way.

Tell me, how is this situation affecting you? ... really? ... oh, that'll be why it applies to the household. [Yes, I am a little miffed with whatever mysogynistic idiot at the council you may have had the misfortune to interact with].

 

As well as doing whatever everyone else advises, I thoroughly recommend a very sternly written FORMAL COMPLAINT to the CEO at the council. His staff and contractors are putting both you and your unborn child at serious risk.

 

If required I more than happy to write a letter for you to adapt.

 

I am - as you may guess - really quite horrified and deeply upset at both the way you have been treated and the danger you have been placed in.

 

Kindest regards.

Rae

Edited March 3, 2010 by RaeUK
still miffed...

[stressed2009]

Right I have just phoned council to ask if they have received the email sent yesterday. They dont have it on the system and are refusing to recall account advising me to call back in a couple of days when they have viewed the email. Told them i want to make payment arrangement but they say speak to bailiffs. Going home from mums house in a bit but am terrified.

[ploddertom]

You may think you have spoken to the Council but this may not be the case. Some Councils now outsource their departments and you may think you are talking to the Council but are in fact talking to a private company who are doing the work for them. One of these firms is called Capita and they have another company called Equita who happen to be a Bailiff company. Therefore Capita nearly always speak Bailiff instead of Council.

 

You can of course pay the Council direct either using their website or automated phone line. I will say again what I said yesterday ring your Councillor, he has direct access to the Council and a decision can be made nearly immediately.

 

In the meantime you do need to rest, you do not need this hassle. Stay with your mum until OH can collect you.

 

PT

[stressed2009]

Well spoke to local councillor she is going to try contact council but she said could be couple of days before she gts a response?! Also she not sure if thre is much that can be done by them when it gets to bailiff stage as it out of their hands. Explained how heavily pregnant I am and the situation that i am too scared to be at home incase bailiff comes back.Wish I could afford to pay something had to borrow money for petrol off mum this morning and mortgage is now 5days late. I cant pay anything until OHs first pay pay tomorrow just waiting to see how much he gets.

Edited March 4, 2010 by stressed2009

[ploddertom]

Well spoke to local councillor she is going to try contact council but she said could be couple of days before she gts a response?

 

Sounds like a one not too interested. To spark some response try inviting her round for a chat & coffee and show her this site. Next stage if she's not much use is the Leader of the Council, this is different to the Chief executive.

 

! Also she not sure if thre is much that can be done by them when it gets to bailiff stage as it out of their hands.

 

Of course there is its just the application that is lacking. Don't suppose you know anyone else locally in the same position?

 

Explained how heavily pregnant I am and the situation that i am too scared to be at home incase bailiff comes back.Wish I could afford to pay something had to borrow money for petrol off mum this morning and mortgage is now 5days late. I cant pay anything until OHs first pay pay tomorrow just waiting to see how much he gets.

 

PT

[stressed2009]

I know of other people struggling with getting affordable arrangements with council and bailiffs but not any that fall under vulnerable catagory.

If I dont get a positive result from her there are 2 other councillors - is it worth trying them. Or just go to Leader of council.

[ploddertom]

I know of other people struggling with getting affordable arrangements with council and bailiffs but not any that fall under vulnerable catagory.

 

Doesn't matter if they don't come under "vulnerable" as it would be good to see if there is some other common ground.

 

If I dont get a positive result from her there are 2 other councillors - is it worth trying them.

 

Yes by all means as long as they represent your Ward - you must tell them you have already contacted Councillor XXXX but were not enthused by her response.

 

Or just go to Leader of council.

 

Think you have to give your own Councillors a crack of the whip first, but if you can dig some dirt on the way yourself and others are treated then I would say go for it.

 

 

PT

[RaeUK]

Stressed2009, I can only reiterate what I said in my last post. There is no way you should be going through this in the condition you are in. The council knows that but are ignoring it in the hope of getting more cash now. A formal complaint to the CEO is definately the least I would do.

Good luck and best wishes.

Rae.

[Skankedbythebank]

Stop getting stressed!

 

From what you have said they can do nothing. Seriously. Feel free to put a note on the car.

 

This car is registered owner is XXXXXXXX. You are not entitled to remove it. (advise that ownership docs available on request)If you want to drag it away at your expense then so be it! Mr XXXXXXX will be happy to come and collect it. None of your charges will be enforceable and i will initiate a formal complaint against you which will be pursued relentlessly.

 

If they peer through your letter box, waive at them and say peepo!. If bang on your doors and windows, turn some music up loud, grin and waive at them then have a good laugh at how these ****** bully boys are stuck out in the cold, asking (albeit impolitely) to come into your nice warm house and take all your stuff.

 

The answer of course is no.

 

I wish you guys were near by, because i would love to have a laugh at these low lifes.

 

Chill - out, do not leave doors and windows unlocked - not that you would need to in this weather!

 

Also don't fall for any tricks, you know - "let me use your phone and i'll sort this out with the office."

 

Best not to answer the door. They try all sorts of tricks to get you to turn round and move away from the door then step inside. Then you are in the s***!

 

Keep posting,

 

We are with you.

[stressed2009]

Right back online, had my gorgeous little boy on Monday afternoon tired but loving it.

 

Havent had a phone call back from the councillor I contacted, however, I did receive a letter from the council this morning....

 

It would appear the councillor has contacted them and this is in response to that. (Still not received any acknowledgement of the email I sent!)

 

The email advises that there are two outstanding accounts for our property one in joint name and one in my partners name only.

 

The arrears in joint name have had several agreements on years ago which I was unable to keep to due to financial difficulties. I was going to set up an agreement in late 2008 when I was working full time but as I had moved out and was still paying the whole mortgage told my ex-partner he could sort out council tax arrears and heard nothing since so assumed that had all been sorted.

 

The other part is in his name, doesn't look like he has paid anything in two years.

 

The total arrears are significant and they have advised that the account will not be recalled from the bailiffs and we should contact them to make payment arrangements. Depending on the level of payment offered they can advise the bailiffs to accept. We have very little spare money but want to get this sorted as I am still feeling incredibly stressed by it all and with the little sleep I am getting it is constantly on my mind worrying they are coming for the car. What is going to be an acceptable level? It does say to contact this person at the council if I require any further assistance, is this worthwhile to find out what is acceptable?

 

Anyone got any ideas how long time-scale wise they will accept?

 

Thanks

 

x

[seanamarts]

Firstly CONGRATULATION !!!!!

 

I would have a chat with the person at the council and see what they have to say for themselves, let them know you have just had a baby and are still at a very vulnerable stage and your finances are very tight. I cannot understand why they wont take back the debt considering that you are still at a very vulnerable stage after having a baby, work out what you can afford to pay and suggest that to them and see if they will make the offer to the bailiff company on your behalf, Your still feeling a little vulnerable and the bailiff may make you feel intimidated to the point of making you feel that you wont be able to cope with much more.