Help with Bailiff for Council Tax

[stressed2009]

They say it is due to the level of the arrears that they wont recall it. I am just re-doing our budget sheet as my partner is back working self employed and money tends to vary week to week. But from the looks of things we could afford 150 per month off the arrears while still maintaining the payments for next years rates. Which would mean it would take around 27 months to pay off, they probably will say this is too long though?!

 

I will call the representative at the council and see what they have to say.

 

Neurologist appointment on Monday too

 

Also, is there a stat dec for vehicles as my car belongs to my parents until I have paid them back but it is registered in my name? They want to get this sorted for me before they go on holiday next week

Edited March 12, 2010 by stressed2009

[hallowitch]

you may want to use some of this template letter

 

 

 

Quote:

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 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. 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 actual 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.

 

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 this within 14 days.

 

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,

Understand the letter and stick to it, if you need 3 years replace 24 with 36 and so on, basically what I am saying is if you can only afford £10 and owe £1,000 you are going to need 100 months to pay it, but this is not a normal debt so keep it no longer then 4 years and 2 years is better.

 

The bailiff may attempt to get into your home again, just keep him out, he will give up and move onto more profitable calls.

 

Never again talk to anyone about his debt but keep everything in writing (you may need this). You may get threats of imprisonment for refusing to make payment,

 

 

Quote:

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.

[RaeUK]

Congratulations, some good news amidst the thread!

 

I hope you appreciate that I remain very aghast that this case has not been returned to the council due to your ongoing vulnerable status. As such I have drafted a letter of Formal Complaint to your council CEO. It is free for you to use or not, amend as necessary. Please read it through as the second to last paragraph is the purpose. It won't hurt...

 

[Your Name & Address]

 

[Council & Address]

 

 

FORMAL COMPLAINT

 

Dear Sir / Madam,

 

Ref: [Council Tax Account Reference]

 

I am writing to make a formal complaint regarding your collecting contractor Rossendales.

 

On [Day & Date] at [Time] my property was visited by an Enforcement Agent from this company. My partner was at home on maternity leave and can confirm the Agent at no time attempted to gain attention.

At that time my partner was in the final stages of the third trimester of her pregnancy. As you can appreciate, this particular period is very important to the health of both the unborn child and the expectant Mother.

You will be aware that the National Standards for Enforcement Agents specifically include pregnant women within the vulnerable category. This is due to the extreme levels of stress that can arise through bailiff action and such cases should be passed back to the initiating Local Authority. I am sure you will recognise that the Standards apply to the household.

Both your contractor and your council were contacted repeatedly and made aware of my partners condition. [Dates if you remember them]. Unfortunately, neither party saw fit to acknowledge her position.

 

I feel strongly that both your council representatives and your collecting contractors were derelict in their duty of care. Their action contained the potential to cause serious harm to both my partner and her unborn child.

 

Any potential for interacting with Rossendales has now clearly become untenable. Therefore I will also copy this complaint to your Head of Revenues and formally request that the debt is taken back by the Council in order that an affordable and sustainable method of payment can be agreed. I trust that, under the circumstances, you will endorse this.

 

I also trust you will take serious note of this complaint and take immediate steps to ensure both your bailiff contractors and your staff are fully trained to professional standards. I do not wish anyone else to be put at risk because of future inappropriate and unprofessional behaviour..

 

Yours sincerely

 

.................................................................

 

 

Copy by signed for to the CEO and further copy to Head of Revenues with appropriate brief covering letter.

 

 

Best wishes.

Rae.

Edited March 13, 2010 by RaeUK
minor point, [your name and address] should be on the right. Pesky post things!

[ploddertom]

I wonder if this Council have a Code of Conduct for Bailiffs which should be adhered to and also wonder if they give it out to the general public?

 

PT

[stressed2009]

Sorry I havent replied sooner I spent most of the weekend in tears unable to cope. I am still struggling today but need to get this sorted and am still in tears writing this.I want to send the letter of complaint to the council so should I send the letter to the bailiff trying to sort out payments?Also, the bailiff has only so far contacted us for the arrears in OHs name not the part in joint name despite the council saying both accounts are with them?

[Thegreenpimpernel]

No need for tears - just follow the advice of the 'others' on here and you WILL be OK.

 

They might say thing like 'i am not an expert', but they are just being modest.

 

So send the complaint -now.

 

Stay vigilant regarding locking your doors - location of car etc... though you might not hear anything from either the council or bailiffs while the gears slowly turn regarding your complaint.

 

Enjoy your time with your baby - something those scumbags will probably never know!

[RaeUK]

Hi stressed2009,

We're still here for you hunni and will do whatever we can for you.

I'd send the formal complaint signed for to the council CEO, copy to the Head of Revenues at the same council.

If you wish, email the bailiffs asking for their own complaints procedure and informing them you have a serious complaint the subject of which you have made known to the council. Hard copy by signed for.

My apologies for your increased postal budget!

More importantly, hows the little one?

Best wishes.

Rae x

[stressed2009]

Hi

 

Baby is fine doing really well, I am knackered though already looking forward to next weekend when OH will be at home to help. He is working 12hour days at the moment so harsly see him but at least it means we are slowly able to get sorted.

 

Just about to print off your letter Rae (thank you for this) and will be posting it off this afternoon. I guess there isnt much they can do we will just be careful for time being with opening door and we wont be having any windows open.

 

Thank you for all your advice i just hope i can get this sorted soon.

 

Stressed2009. x

Edited March 17, 2010 by stressed2009
Added some formatting doesnt seem to include line breaks on mobile internet

[stressed2009]

I thought of another question last night...

 

As there are two accounts would the bailiffs not have to send me a letter informing me they are chasing this account before attending? We have only received correspondance and visits from the bailiffs regarding the account solely in my partners name?

 

I am just stressing a little as family off on holidays today and parents not been to solicitors yet to get the stat dec done yet for the car.

 

x

[stressed2009]

Bump.....

[hallowitch]

I thought of another question last night...

 

As there are two accounts would the bailiffs not have to send me a letter informing me they are chasing this account before attending? We have only received correspondence and visits from the bailiffs regarding the account solely in my partners name?

 

I am just stressing a little as family off on holidays today and parents not been to solicitors yet to get the stat dec done yet for the car.

 

x

 

bailiffs don't have to send you a letter informing you that they are collecting council tax they just turn up at your door

[stressed2009]

Ooooh. For OHs sole debt they sent letters first giving him the opportunity to enter into unaffordable repayments and then attended so I assumed they would do this?

 

Think I may have to get a stat dec to say the car is not mine ASAP then, can i get this myself declaring I am not the legal owner rather than parents having to declare it is theirs?

[seanamarts]

Ooooh. For OHs sole debt they sent letters first giving him the opportunity to enter into unaffordable repayments and then attended so I assumed they would do this?

 

Think I may have to get a stat dec to say the car is not mine ASAP then, can i get this myself declaring I am not the legal owner rather than parents having to declare it is theirs?

Its probably best to get your parents to do it..

[stressed2009]

HiI need some advice not for me this time but my sister who lives with my mum and dad. They are all away on holiday and I popped round to find a piece of paper from a bailiff company addressed to my sister stuck through the letter box. It states she owes £xxx.xx for council tax for a house she rented but moved out of as she couldnt afford it. As far as i was aware she was paying in installments but i am guessing she had defaulted on this.I am a bit worried as my mum and dads cars are on the drive. She has recently been diagnosed with a chronic progressive liver condition which there is no known cure, she will probably need a liver transplant at some point. When she comes back she will be having a liver biopsy to see how badly her liver is damaged already she is only in her early 20s. Would this class as a serious illness under the vulnerable catagory under national standards for enforcement agents? I am worried about the stress this will cause her when she already got so much to worry about so am trying to find out as much as i can before i speak to her. Obviously if i try contact them they wont speak to me. I was thinking if she falls under vulnerable catagory she could email them a letter and copy me in so i could print and send a copy recorded delivery for her. She is not due back until beginning of April. Any ideas for what should be included in this email if thats appropriate? ThanksStressed2009 x

[stressed2009]

Oh they are on holiday they didnt get a chance to get it done before they went and are not back until beginning of April.

 

Not heard anything back from the council yet regarding my complaint, wonder how long this will take.

[RaeUK]

Hi stressed2009, here is the first part of your sisters needs...

 

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

 

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.

 

Is she on any benefits at all?

 

As you probably already know, a bailiff cannot remove goods which do not belong to the debtor. And, a point on professionalism, the letter to your sister should have been in a plain sealed envelope addressed to her. Her debt and details are confidential and the bailiff should not be making others aware of the intimate detail...

 

Best wishes

Rae.

Edited March 19, 2010 by RaeUK
because. Just because.

[RaeUK]

I'd allow the council 14 days to respond before chasing it up.

Best wishes.

Rae.

[stressed2009]

Shes not on any benefits although she has been off work sick since beginning of february. She had an ercp to try to see how bad the liver damage was but due to complications they couldnt complete the procedure and she developed pancreatitis and ended up staying in hospital for a week. Since then her LFT blood results have been too high and the doctor has signed her off, her consultant has also referred her to Kings College Hospital in London as they deal with more cases like hers its unusual for someone her age to have it. Going to move her car tomorrow so its only mum and dads cars there just in case.

[tomtubby]

HiI need some advice not for me this time but my sister who lives with my mum and dad. They are all away on holiday and I popped round to find a piece of paper from a bailiff company addressed to my sister stuck through the letter box. It states she owes £xxx.xx for council tax for a house she rented but moved out of as she couldnt afford it. As far as i was aware she was paying in installments but i am guessing she had defaulted on this.I am a bit worried as my mum and dads cars are on the drive. She has recently been diagnosed with a chronic progressive liver condition which there is no known cure, she will probably need a liver transplant at some point. When she comes back she will be having a liver biopsy to see how badly her liver is damaged already she is only in her early 20s. Would this class as a serious illness under the vulnerable catagory under national standards for enforcement agents? I am worried about the stress this will cause her when she already got so much to worry about so am trying to find out as much as i can before i speak to her. Obviously if i try contact them they wont speak to me. I was thinking if she falls under vulnerable catagory she could email them a letter and copy me in so i could print and send a copy recorded delivery for her. She is not due back until beginning of April. Any ideas for what should be included in this email if thats appropriate? ThanksStressed2009 x

 

 

Which bailiff company and how much is the debt?

[tomtubby]

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you believe that your personal circumstances fall within the category of “vulnerable situations” and requesting that the case be returned to the local authority or accepting repayment proposals.

 

To: Bailiff Company

Date:

 

 

Dear Sirs,

 

Re: Account reference.

 

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a liability order etc against me in respect of a previous property where I used to live.

 

I would firstly like to advise your company that I live with my parents in their property and with the exception of personal items of limited value I do not own any goods. I am not in a position to repay this debt as I am unable to work. The reason for this is because xxxxxx ( provide details of illness and hospital stays etc).

 

From advice that I have received it would appear that because of my serious health problems as detailed above, I am classed as "vulnerable" according to the National Standards for Enforcement Agents. Accordingly, I would like to request that you do not visit my property as this would cause undue stress and anxiety and instead, I would like to request that you return this case back to the local authority so that I can negotiate with them direct.

 

I would be grateful if you could confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

 

Yours Faithfully.

[stressed2009]

The notice is from a company called Goodwillie and Corcoran and is for in the region of £350.

[stressed2009]

Well its been almost 2 weeks now and not heard anything from the council or the bailiffs. Starting to get the feeling no one at my council is actually that bothered about it all. I am so annoyed at the way we have been treated, i accept that we defaulted on several agreements but here we are willing to enter into a repayment plan with them and no one contacts us!?

[impecunious]

As a gesture of goodwill, whilst negotations are still in progress, are you making online payments to the Council in respect of the arrears?

 

Impecunious!

[stressed2009]

I hadnt yet I was waiting for their response, should I make the payment of what I proposed into each of the outstanding accounts via their online payment facility? I get my MA next week so could do it then.

[impecunious]

I would definitely make the gesture - it means that you're being pro-active and "putting your money where your mouth is". I should imagine that the Council would be more inclined to accept a reasonable offer if you had already shown them that you're serious about maintaining a regular payment plan.

 

Just ensure that the amount you propose to pay is what you can realistically sustain each month and one you won't default on.

 

Good Luck!

 

Impecunious!