council tax, baliffs, and ctax benefit

[ibis]

Hi thanx in advance for any advice i get. Ill try and explain a little about the problems im in. I have just married my husband (on new years eve) we live in a disabled adapted home as im physically disabled and he is mentally ill. He has 3 children and a csa maintenance bill of 6500 which is currently going to the balliffs as they got a liability order. We are in reciept of dla sda and income support. I am due to appear in court on thursday for non payment of council tax. We get full housing benefit but the council tax wasnt completely paid and i was disputing the amount they charged me and the fact that they havent finished doing my adaptions to my home. My disabled toilet has been waiting to be fixed since last january. anyways they decided to take court action so thats that. We had our car repossed in july, i have credit card bills and struggle to make ends meet. The problems started when my husband had a breakdown last year and was subsequently made redundent due to his health. My only assest is my motability car which i pay for monthly.

If anyone can give me any advice on whether i can argue in court that the council havent fullfilled there obligations which is why i havent paid. Also any advice on dealing with debtors would really help, i get phone calls all the time, letters and am forever trying to pay someone. please help xxx:(

[Gazza112]

Hi Ibis

 

Sorry to hear your plight and what your going through, If your husband is diagnosed as being mentally ill there is Law companies out there who can take your case on free of charge. They probably will help you out with your credit card dept.

 

On the creditors who are phoning you just send the following letter, amend to suit your personal details.

 

 

Your Street

Town

City

Postcode

 

 

DATE HERE

 

Company Name

Road

Town

City / County

Postcode

 

Re: Harassment by telephone

 

 

ACCOUNT NUMBER: XXXXXXX

 

Dear Sirs

 

I am writing in relation to the quantity and frequency of telephone calls that I have received from your company, which I deem to be personally harassing.

 

I have verbally requested that these stop, but I am still receiving calls. (Delete if necessary)

 

I now require all further correspondence from your company to be made in writing only.

 

I am of the view that your continued harassment of me by telephone puts you in breach of Section 40 of the Administration of Justice Act 1970, and the Protection from Harassment Act 1997.

 

If you continue to harass me by telephone, you will also be in breach of the Communications Act (2003) s.127 and I will report you to OFCOM, Trading Standards and The Office of Fair Trading, meaning that you will be liable to a substantial fine.

 

Be advised that any further telephone calls from your company will be recorded. (**Even if you don‘t yet have recording equipment!!**)

 

 

Yours faithfully,

 

 

 

[NAME HERE]

 

 

 

Gaz

[postggj]

For A Start

If You Are Classed As A Vunrable Person .there Are Strict Laws In Place Over This

 

BaLiffs

Csa

Council Need To Be Told This

 

Its The Law

[postggj]

Tell Me Abit About The Car Repo

 

Car Finance Is My Area

[RaeUK]

Bl**dy hell, ibis! Forgive me, I'm not one to swear but, my goodness, I thought I'd had a tough time!

I can give you some basic advice and I'm sure many others here will help you too.

First and foremost. Bailiffs. Do not worry about them. Under the National Standards for Enforcement Officers you WILL come under the vulnerable category. This is:

 

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.

 

The debt has to go back to either the court (if it was a fine) or the council. These Standards are there to ensure vulnerable people do not have the added stress of bailiffs visiting.

 

If bailiffs do get involved please post in the bailiffs forum and I - amongst many others - will help you.

 

 

Thursday, when you go to court you will probably see a representative from your council and not a magistrate. That shouldn't matter. Make them aware - they should be but some councils pretend the Standards don't exist! - of the fact you are a vulnerable person. They have a duty to help you and make a payment plan with you that is affordable and sustainable. If they say anything ridiculous to the contrary ask to go before a proper magistrate. As far as I am aware every magistrates court accepts and follows the National Standards.

It's late o'clock so I'll look back here tomorrow.

Take care hunni, please don't worry - and congratulations on your wedding.

Rae xx

 

EDIT: Hey, so glad there are some late night Caggers out and about for you!

Edited January 5, 2010 by RaeUK
typoo

[postggj]

Thanks Kelcou

 

Saved Me Looking It Up

[RaeUK]

You're welcome postggj. As you probably know from my posts in the bailiff forum, as a vulnerable person myself, it's a bit of a pet crusade for me!

Best wishes.

Rae.

[postggj]

It Angers Me That The Council, Csa Etc Know The Condition Yet Still Go Through The Routine

 

Get A Human Being In Place

Not A Computer And A Robot To Operate It

[ibis]

Thanx so much everyone, god im almost in tears as you have all been so very kind. I suffer with a physical disability and am diagnosed as being a psychotic depressive, my husband has anxiety and depression. I will write to all the companys we owe and state this again. The council i will speak to at the court. In regards to the car, my husband got it before we met on finance, he got it quick really as he had gone bankrupt when the csa first came on and gave him a 28000 bill in order to free up his other debts. The car was defulted as originally we were paying 240 a month for it they took reduced payments for a little while but eventually they sent the repo man round and they sold it at auction leaving us with 6000 bill. currently i pay them 40 a month. We got a motability car as im on high rate mobility and basically cant walk anymore also my husband has 3 children which we have to collect for visitation. thats really the only assest i have. Ive managed to negotiate the credit cards down to affordable payments and frozen interest. currently i have the debt collectors for a phone company that i owe about 80 quid to ringing, so will send them letter below.

I so appreciate the help you have given me and will let you know how i get on xxxxx

[RaeUK]

Thats for sure postggj! But, unfortunately, it's all about the money. One argument that's often trooped out - and I mention it as it's one ibis may come across - is that the National Standards are 'simply guidelines'. Not law. To me, a guideline is what it says on the tin. It's a guide. You may meet it, you may not. It's just an average you sort of aim for. The National Standards are also what they say on the tin. A Standard. This is the Standard you work to. It may not be law but it's what's expected of you as an Enforcement Agent. And, as the Agent is a sub-contractor for the council, it's the Standard councils should also acknowledge. Some councils try to ignore it as they want the bailiff to get the money for them. Bailiffs - who have a responsibility under the National Standards to hand the file back if it relates to a vulnerable person - are disinclined to do so as they lose their illegally inflated fees.

What gives these 'simple guidelines' their teeth - imo - is that they are recognised and observed by the magistrates courts and have also been debated and recognised by the Houses of Parliament. If they are good enough for those two bodies then they are good enough for local authorities.

Rae.

[i still need to go to bed!]

Edited January 5, 2010 by RaeUK
typoo

[RaeUK]

Hey ibis [this really is my last post. I'll be blaming you when I struggle out of bed on the morrow... ]

Apart from everything else, it sounds like you have a lot of debt you need to get a handle on. That's nothing to be ashamed of, so many of us are sharing your boat...

I think you need to try and prioritise some of them. After all, if you're on a fixed income, the first priority is to survive. [Lol at all the press stories of people living it up on benefits. If you can get through from monday to Sunday comfortably than you're doing something dodgy...]

Personally I've had a bit of a hit and miss relationship with CAB but it may be worth your while to seek their advice. Council Tax, I'm afraid, is one of those debts we have no choice about. It has to be paid. As far as I'm aware witholding it is not an option for any reason. You need to make an offer that you can afford. No matter how small.

Best wishes.

Rae.

 

EDIT: Forgot to mention 'your' motability is not yours. It is not an 'asset' it belongs to motability. Which means no-one can take it from you. So, er, it's yours...

Edited January 5, 2010 by RaeUK
typo

[ibis]

Thanx so much guys, and big sorrys to all of you for staying up late and helping me, i hope you all managed to get up ok xxx

[ibis]

Hi im not sure if im posting in the right forum so forgive me if i am not. Basically i am due in court for non payment of council tax on thursday. I am on benefits and have been disputing the amount owed with the council in regards to disabled discount etc. My main argument is that the council havent fulfilled there obligations to me as a disabled tennant. They have not installed my disabled toilet making me reliant on my partner for help in this department. They havent repaired the property so i am unable to open doors etc as they have rotten away. I filled in a form with them over the phone to pay in instalments and they said they would contact me to discuss it which they havent done. they are seeking a liability order. I have no legal representation at the moment as i havent been well physically and emotionally, could i ask for the case to be ajourned till i get advice. I have massive debts, 3 step children to help support and a husband who is menatally ill. Life is really hard so any help would be really apreciated xxx

[ibis]

Sorry for not making it clear... basically do i have a case?

[RaeUK]

No worries, you're worth it.

Rae.

[Conniff]

You have two things there. You say you dispute the amount you owe and you haven't had the agreed facilities fitted.

 

Forget the facilities, that will have no effect at all on the judgement. You cannot withold the tax because they haven't completed work required. That will be seen as refusing to pay.

Basically the question is, have you had a bill and have you paid that bill. If the answer is no I haven't paid the bill then unless you can actually show the judge that you are not liable for that amount, then the liability order will be granted. The argument 'I shouldn't be paying that much' is not a viable excuse.

 

If you can show without doubt that the bill is wrong, then go to court and put your case forward. If you cannot show without doubt that you owe it, then don't bother going to court as the judge will have no choice but issue the liability order.

 

Unfortunately the court cannot take into account your ability to pay, only if you owe it or not.

[Fuzzgin]

Ibis, if you haven't already look and post in thedebt forum too. You'll find many helpful people there as well who can go through individual debts/creditors with you and work out what you should be paying and what may be disputed. Never talk to a creditor on the phone. They won't help. There are many template letters you can send to get them off your back and give you some breathing space.

 

Congratulations on your wedding and good luck!

[ibis]

Thanx conniff that helps me alot, its kinda difficult to know what rights i have and what rights the council have etc, but you have cleared that up for me. cheers for replying and i wish you a happy new year xxx:)

[ibis]

Hi i was due in court this pass thursday for non payment of council tax, I am assuming the council got there liability order, but i havent heard anything. I was going to go to court to defend myself but i had a bit of an accident and my husband had a relapse of his mental health condition brought on by worrying about this. Hence i didnt go. There are lots of issues with my local council, about there standard of care towards disabled tenants. But anyways, should i have had any kind of contact with them or at least heard from the baliffs? Do i just wait and see? Hopefully someone can point me in the right direction....Cheers xxxx

[ss002d6252]

You wont here anything from the court if the order has been granted, what you will receive is a regulation 36 notice (request for infomration form) sent by the council which must be sent to you before a bailiff can be instructed.

 

If you have doubt about the order being issued then contact the council on Monday and query it with them.

[ibis]

Hi sorry to post about this again, but im stressing so bad at the moment, im seriously thinking of getting voluntry sectioned. Ill fill you in briefly. Me and husband disabled, in reciept of dla, income support and hb. Council say we are not getting full council tax benefit even though income support says we should be. Council took me to court to obtain liability order, which i am assuming was granted as i have just recieved a bill for 200, original bill was for 90, but court fees etc bumped it up. The bill isnt asking for payment as it says the amount is subject to court proceedings. Im worrying that they are now going to try and make an example out of me and that they are taking it further through the courts. I have rung the council and sent them 5 emails which have not been replied to. Im in dispute with council as its took them a year to fit my disabled toilet etc. when i do speak to them they say they have no record of me contacting them. I cant cope anymore. me and my husband struggle enough as it is. The council wont help at all. Last year our car was repossed, Im paying off rent arrears and trying to support husbands children from previous relationship. We just never seem to get a break. any ideas.....?

[MARTIN3030]

You have lots of threads from past issues-will take a look and merge with this so we can have some background.

[MARTIN3030]

so 4 threads merged-if you can just confirm theres nothing else or that theres anything out of place ?

[ibis]

No thats pretty much it. I have been to cab, but there advice was limited. I am sorry for posting so much, its just i aint to right in my head (lol) i try not to upset my hubby with this and just dont know what else to do. Fortunately as of this week i have the credit card debts on payment plans, mbna want income and expenditure forms but say all they want is £22 a month depending on these forms. My main concern is the council, i already lost one home when i got divorced (the 1st time) and couldnt face it again. The csa i dont really know what to do with them? i think i just gotta get a grip. Thanx for putting my threads/posts into one im not very computer literate (as you can probably tell)

The only dca im dealing with is bpo who want £10 a month but have yet to send me anything in writing despite requests, i think they only agreed this cause the guy who rang me got a bit abusive on the phone, so i think they were trying to stop me complaining.

The car repo is £40 a month to pay of the outstanding debt after the car went to auction.

Thankyou for helping me xxxx

[RaeUK]

Hi ibis, just popping by to pass on my best wishes to you and hubby.

You seem to be having lots of hassle with the council!

Have you contacted MIND? I don't know what level of advice or support they can offer you but I'm sure they'll want to listen to you. Here's a linky thing to their 'how can we help you?' page:

 

How we can help you | Mind

 

As for your other debts, if it were I then I'd shuffle them around into some form of priority. And paying for a car I don't have would be close to the bottom of the list! That - in my world - would be £20 a month towards council tax and £20 a month to other priority debts.

Have you considered other action? Depending on the size of debt, there is bankruptcy - the down side, as far as I'm aware, is that you have to pay up front to be declared bankrupt. No idea how much it is these days. There is something else which came in recently, the name of which escapes me! I recall it being mooted as a smaller, cheaper version of bankruptcy...

 

Best wishes.

Rae.