Council and Bailiffs disregard for the law

[katieloo]

I had put this on another thread but have now copied it to a new thread so help put people on their guard as to Council tactics and total disregard.

 

Briefly, I moved into a rented house 18 months ago to share with someone who shortly after moving in became critically ill with a heart disease (endocarditus) and was not expected to live through surgery for a metal valve, she already had one from a birth defect so was seriously ill. It came as a shock and progressed rapidly, and I had to cease work to become a full time carer. We had virtually no income coming in as my savings soon ran out.

 

I swallowed my pride and applied for benefits. Unfortunately there were two months of the council tax that did not qualify as it was before I applied, so I was sent a summons for arrears, I made arrangements to pay. My friend I am pleased to say lived through her ordeal with a few near misses, I am in remission from cancer myself and eventually had a breakdown with the total stress.

 

I still continued to pay my council tax, I downsized our home drastically and informed council of my new address. so that I could still honour my payments. I am now a pensioner so no longer on benefits. I paid each month, late twice because I pay online and their system was down, each time I phoned and they agreed it was their fault and not to worry they would mark my account I was trying to pay. which of course I eventually did. I thought at the end of December that I had cleared the debt totally.

 

Until I had a bailiff visit me out of the blue, with nothing coming through post no warning. They were chasing £162 plus 24.50 bailiffs fee. I was not there to open door they left letter.

 

I immediately telephoned Council about it and they pointed out I owed a payment for 31st of December and a final payment for 31st January. They said they did not have to send me notification of bailiffs, this was on 29th January so final payment date according to them had not arrived.

 

I explained I really thought this was paid, So I went immediately online and paid directly to the Council the £162 before its final due date of 31st of January. I no longer owe them a penny and I emailed the bailiffs to tell them this, they however said they would still continue with attempts to seize my goods until they heard from the council that I had paid.

 

So I contacted the Council who acknowledged that I had paid in full and owed them nothing more. However when asked, they refused to call the bailiffs off until I paid the bailiffs directly their fee of £24.50. And once again the bailiffs told me they would enforce the full amount inclusive of council tax until the council told them to stop! I had no money left at all until my pension comes in, and they were pushing me back and forwards.

 

With us both being so ill and me being on a pension, we became frightened to leave the house over the weekend, or even open the front door. I explained how seriously ill the household was to the Tax office, particularly with my friends heart condition and they did not care.

 

So having obtained information from CAB that it is illegal to try to enforce a debt for the bailiffs fee only. I approached the Councils housing strategy team that had been supporting me in the old house. She was unable to help as I had moved out of the district but passed the email to the council tax office!! Who noting that I had quoted that it was illegal to continue with enforcement, wrote and email to me in no uncertain terms that regardless of anything, they had decided to pay the bailiffs themselves from what I had paid in council tax (despite them agreeing I now owed them nothing) and they then recreated a new council tax bill for £24.50 which is of course enforceable and sent that back to the bailiffs for collection, knowing that they can add what they like and put the squeeze on again.

 

So I found the money from a friend, and paid this new bill for council tax on line in full within minutes of receiving council email, out of fear. I have now asked that they stop all of this as I really do not owe them anything else at all.

 

The point of this post is to say what you all already know, they are a law unto themselves, they are heartless regardless of health vulnerability or age.

And that is just the Council before we start on the bailiffs.

 

This was only a small amount in comparison to a lot of people on here but a lesson to be learnt these councils will stop at nothing. I vented my anger in a constructed way, i.e. the Council had total disregard for human life, but I daresay its water off a ducks back.

 

Surely what they did was totally illegal.

[ploddertom]

Am I reading this right to assume this has happened within the last few weeks. An absolute disgrace if it has.

 

PT

[katieloo]

Yes you are reading this right. Its still raw, we are talking days here. And even though as I said paid everything and more we are still huddled in a locked house afraid to even venture into the garden because if they can do this they can do anything.

 

I am concerned about my friends blood pressure though, with two mechanical parts to her heart its not good.

 

I am going to have to get a grip and over my fears, I owe nothing to these people.

[wonkeydonkey]

I had put this on another thread but have now copied it to a new thread so help put people on their guard as to Council tactics and total disregard.

 

Briefly, I moved into a rented house 18 months ago to share with someone who shortly after moving in became critically ill with a heart disease (endocarditus) and was not expected to live through surgery for a metal valve, she already had one from a birth defect so was seriously ill. It came as a shock and progressed rapidly, and I had to cease work to become a full time carer. We had virtually no income coming in as my savings soon ran out.

 

I swallowed my pride and applied for benefits. Unfortunately there were two months of the council tax that did not qualify as it was before I applied, so I was sent a summons for arrears, I made arrangements to pay. My friend I am pleased to say lived through her ordeal with a few near misses, I am in remission from cancer myself and eventually had a breakdown with the total stress.

 

I still continued to pay my council tax, I downsized our home drastically and informed council of my new address. so that I could still honour my payments. I am now a pensioner so no longer on benefits. I paid each month, late twice because I pay online and their system was down, each time I phoned and they agreed it was their fault and not to worry they would mark my account I was trying to pay. which of course I eventually did. I thought at the end of December that I had cleared the debt totally.

 

Until I had a bailiff visit me out of the blue, with nothing coming through post no warning. They were chasing £162 plus 24.50 bailiffs fee. I was not there to open door they left letter.

 

I immediately telephoned Council about it and they pointed out I owed a payment for 31st of December and a final payment for 31st January. They said they did not have to send me notification of bailiffs, this was on 29th January so final payment date according to them had not arrived.

 

I explained I really thought this was paid, So I went immediately online and paid directly to the Council the £162 before its final due date of 31st of January. I no longer owe them a penny and I emailed the bailiffs to tell them this, they however said they would still continue with attempts to seize my goods until they heard from the council that I had paid.

 

So I contacted the Council who acknowledged that I had paid in full and owed them nothing more. However when asked, they refused to call the bailiffs off until I paid the bailiffs directly their fee of £24.50. And once again the bailiffs told me they would enforce the full amount inclusive of council tax until the council told them to stop! I had no money left at all until my pension comes in, and they were pushing me back and forwards.

 

With us both being so ill and me being on a pension, we became frightened to leave the house over the weekend, or even open the front door. I explained how seriously ill the household was to the Tax office, particularly with my friends heart condition and they did not care.

 

So having obtained information from CAB that it is illegal to try to enforce a debt for the bailiffs fee only. I approached the Councils housing strategy team that had been supporting me in the old house. She was unable to help as I had moved out of the district but passed the email to the council tax office!! Who noting that I had quoted that it was illegal to continue with enforcement, wrote and email to me in no uncertain terms that regardless of anything, they had decided to pay the bailiffs themselves from what I had paid in council tax (despite them agreeing I now owed them nothing) and they then recreated a new council tax bill for £24.50 which is of course enforceable and sent that back to the bailiffs for collection, knowing that they can add what they like and put the squeeze on again.

 

So I found the money from a friend, and paid this new bill for council tax on line in full within minutes of receiving council email, out of fear. I have now asked that they stop all of this as I really do not owe them anything else at all.

 

The point of this post is to say what you all already know, they are a law unto themselves, they are heartless regardless of health vulnerability or age.

And that is just the Council before we start on the bailiffs.

 

This was only a small amount in comparison to a lot of people on here but a lesson to be learnt these councils will stop at nothing. I vented my anger in a constructed way, i.e. the Council had total disregard for human life, but I daresay its water off a ducks back.

 

Surely what they did was totally illegal.

 

I think what has happened here is disgusting to say the least.

 

Firstly you do not have to "swallow your pride" to apply for any benefits you have the right to do so and there should be no shame and no stigma attached to claiming benefits.

 

I would send a copy of what you have written here,to the Chief Executive of your council also to your local councillor and MP. Personally I would include the local press in that, as these people obviously need to be exposed to stop them in their tracks from ever treating anyone else like this again however not everyone is prepared to put themselves on the front page of a newspaper and I accept that.

 

I would be very interested to read their reply.

 

WD

[seanamarts]

Please please do complain to the council, addressing it as a 'FORMAL COMPLAINT" it is disgraceful the way the council have acted. please do keep us updated, by the way just out of interest what council was this.

[High Court Enforcer]

You clearly fall into the 'vulnerable person' catergory and should notify the council and bailiffs immediately.

[hazza]

write to your MP too, I have!

[katieloo]

Yes you are quite right, I am going to send this to my MP and to the Chief Executive in an effort to stop this happening to someone else.

 

I dont think I could involve press though, I am getting old and feeling very vulnerable at the moment. I will get over it, I used to be made of much stronger stuff than this, illness has taken my confidence away.

 

However I think articles need to be written somewhere, these people have to be stopped, life is precious and these councils and their bully boys have total disregard and seem to be taking pleasure in making people live in fear in their own homes.

 

The UK is one of the worst countries in the world for bullying and thats just what this is out and out bullying of the most vulnerable in our society.

 

I can see it myself, but as yet strength escapes me. I am a very private person, so would hate to be in a newspaper myself, however there is nothing to stop an article going in in general terms. These people have to be stopped somehow. I will give it some thought.

 

Thanks for all your advice and concern its really appreciated.

[ploddertom]

Yes you are reading this right. Its still raw, we are talking days here. And even though as I said paid everything and more we are still huddled in a locked house afraid to even venture into the garden because if they can do this they can do anything.

 

I am concerned about my friends blood pressure though, with two mechanical parts to her heart its not good.

 

I am going to have to get a grip and over my fears, I owe nothing to these people.

 

I think someone else has made the suggestion to contact your local Councillor and would urge you to do that now or as soon as possible this evening. Explain fully what has happened and spread on thickly about your present circumstances and health issues. Your Councillor has immediate access to the higher ups at the Council and should be able to stop this immediately. If it is a wife/husband/partner that answers the phone when you contact your Councillor you must emphasise how urgent this matter is.

 

If they are indifferent to your situation then my next course of action would be the press. There is also a general Election looming so a word in your MP or prospective candidates would not go amiss.

 

PT

[fluffy_bunny]

Sorry to say this but as Tomtubby has stated on this forum many times the Council are LEGALLY obliged to remit monies to the bailiffs to cover the visit fees (potentially 24.50 and 18.00) BEFORE the liability order is satisfied.

 

That said they have behaved despicably and should have requested your case be returned from the bailiffs as you fell into the vulnerable category - which they are well aware of!

 

Which council is this - I may have direct contact details I can give you.

[seanamarts]

some thing to make you smile perhaps.

 

One fine sunny evening last summer,

I was strolling along by the sea,

Where a pair of quare playboys a-roving

before me I happened to see.

Now to learn what these boyos were up to

A trifle, I hastened my walk,

For I thought I could learn their profession

When I got within range of their talk.

 

Now, one of these boys was the devil

And the other was Bailiff McGlynn,

And the one was as black as the other

And both were as ugly as sin.

Says the old boy, says he, "I'm the devil,

And you are a baliff, I see."

"Ah! 'tis the devil himself," cries the bailiff,

"Now that beats the devil," says he.

 

A young lad ran out from a cottage

and took him up over the fields.

"May the devil take you," said his mother,

As she rattled a stone at his heels.

"Ah now, why don't you take the young rascal,

your highness?" the bailiff he cried.

"It was not from her heart that she said it,"

the devil he smiling replied.

 

Close by a small patch of potatoes

A swine was striving to dig,

When the owner come out and she cried,

"May the devil take you for a pig!"

Said the baliff, "Now that's a fine offer.

Why not take the pig?" says he.

"It was but with her lips that she said it,

And that's not sufficient for me."

 

As they jogged on, the young boy espyed them,

and into his mother he sped,

Crying, "Mother!" says he, "There's a bailiff!"

She clasped her two hands and she said,

"May the devil take that ugly baliff!"

Said the Devil, "Bedad! That'll do.

It was straight from her heart that she said it,

So Bailiff McGlynn, I'll take you."

 

This ballad was collected in Northern Ireland by Sean O'Boyle and Peter Kennedy in 1952. The tune is a traditional jig. It is also known as The Devil and the Bailiff (also spelled Baliff).

[katieloo]

Yes it did make me smile, thank you

[RaeUK]

Excellent seanamarts, thoroughly enjoyabe.

Katieloo, glad you made your new thread. I do hope you take the strength to complain to your councillor, MP and head of your local authority. Here's the link to the National Standards again:

 

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

 

 

Do refer to it as it's the standards that they should be achieving. Feel free to browse the document - it's short and sweet - and then try and compare it with your experiences...!

 

 

You have many good people here so if you need anything just holler...

 

 

Good luck and best wishes.

Rae.