Council Tax Errors Threatening Prison

[Nicky Bodmin]

hI i NEED SOME ADVICE.

I fell behind for many personal reasons.

Its a couple of years. I was taken to court in the summer.I came to an aggreement with the council.

Since then I have fallen behind.

I was unable to work because I had my car taken by LBL

And I couldnt work.

I was summons to court just before xmas. So I called the lady dealing with it.

She adviced me its a mistake. I told her of my problems. She was understanding.

Two weeks ago balif turned up.

I managed to get rid of him.

I called the council and the whole story has changed the nice nlady has gone.

They did carry on with the order on this years tax.

They were not interested. I told her if I dont earn the money how can I pay it. She just said t.hey will come and take stuff even if im not there.

The monthly figure on the errors is high. I am paying it but some weeks not all the amount. But I am trying my best.

Contacted balifs told them if they take this car I will not be able to earn money tpo pay it.

I told the balifs I would not pay a penny to them. They are wasting there time. The debt is with council and I will only pay the council. Any money coming from work they do I will not pay, hand the paper work back.

The car is one I am hiring off a friend but V5 in my name and insurance. Told balif V5 is not proof of ownership, gave them contact number of owner.

Can I ask the court thew lower the errors payments so I can afford it more. If so what do I do

[RaeUK]

Hi Nicky, there is several things you can do. But probably not here!

If a member of the site team can move this thread to the bailiff forum it will get a lot of attention.

If you're desperate, please start a new thread here:

 

Bailiffs and Sheriff Officers - The Consumer Forums

 

For a start the car is not a problem, the registered keeper is not the registered owner. If your friend has a bill of sale, good. If not he can take out a statutory declaration - £5 / £10 at a commissioner for oaths.

 

Best wishes

Rae

[Simon7685]

The first thing you need to understand is regarding the bailiffs, they are not going to stop coming back and every time they call they will charge you, so the amount you owe goes up. Unless your friend has a receipt to show he owns the car, they will take it. You need to get this sorted out, or it will just get worse and the amount you will keep going up.

 

If I was you, I would phone the council and ask for an appointment to go in and see someone about repaying what you owe. If they are prepared to do that, ask them to suspend any further bailiff action until after the appointment. Whether or not they are prepared to do this is entirely up to them. They have been to court and have obviously been granted a liability order against you, they came to an arrangement and as you did not keep to the payment plan, they have gone to the bailiffs to get the money for them.

 

You need to make a realistic offer to pay them based on your circumstances. It is no good saying you can only afford £5 a week if you are earning a lot more, they are not daft, so you need to be honest about your situation.

 

You would be much better if you can do it this way, as to go back to court will mean you being hit for more costs and owing even more money. If you are only on a low income, have you tried to claim Housing benefit or Council Tax Benefit, you may be entitled to depending on your income. If you are not working, you would also be able to claim JSA.

 

The main thing here is you must get this sorted out, it will not go away and neither will the bailiffs, unless you get it sorted. I was in the position of owing the council unpaid council tax myself, when I became ill and couldn't work (but didn't claim benefits) the bills mounted and the council tax wasn't paid. I eventually got it sorted through getting an appointment and making an arrangement to pay them what we owed, we tried to hide first and hoped it would go away and it just cost us more in the long run.

 

Ring them tomorrow and see what they say, then let us know on here what they say. In the meantine I am sure a lot more people will try and help you out with advice on here. Good Luck:)

[RaeUK]

Simon, I agree with most of what you say. However, it is better for Nicky to get further advice from the bailiff forum before contacting the council. There are several other things I want brought to his attention and that forum is the best placed.

The reason for this is that now it is with bailiffs it is harder to get it back to the council. He needs to meet certain criteria. It is not impossible depending on his circumstances.

Several of the posters are very much up on the fee's side of things and I try and concentrate more on vulnerable issues.

I have asked if the thread can be moved there.

Best wishes.

Rae.

Edited February 18, 2010 by RaeUK
Hope this post doesn't sound rude! :(

[Simon7685]

Hi Rae, I am no expert and agree with you about the bailiff forum. I just thought it may be worth a try with the council, you never know and there didn't seem like he had a lot to lose in trying.

 

The main thing is that he gets some help in sorting it out, as it won't go away and I tried to make that clear, having been in that position myself.

 

Let's hope it gets moved soon!

[RaeUK]

Simon, your advice is good. [That's why in the 'reason for edit' I said I hope my post doesn't sound rude!]

Lately, though, a lot of people are being told 'no, it's with the bailiff, tough'. [i blame Iceland...].

I just wanted a few more details sorted out so he goes off fully armed!

Best wishes

rae.

[MARTIN3030]

Thread moved here.

There are ways in which to have the account passed back,but neither the Council nor the Bailiffs will want this unless they are forced to do so.

Paying the council directly (for example by online payment) is one way around it.

[Nicky Bodmin]

Hi thanks for advice. I have been in contact with the council. Theyu are not interested in any thing I have to say.

The balifs are the same. I am paying but some weeks I have not paid thefull amount arranged.

Can I ask the courts in help in this.

Its not that I dont want to pay ,its the fact of if I dont earn the money I cant pay.

The balifs will attend my property again even though I have told them its not my car. No point in calling the police they just support the balif

[ploddertom]

Hi thanks for advice. I have been in contact with the council. Theyu are not interested in any thing I have to say.

The balifs are the same. I am paying but some weeks I have not paid thefull amount arranged.

Can I ask the courts in help in this.

Its not that I dont want to pay ,its the fact of if I dont earn the money I cant pay.

The balifs will attend my property again even though I have told them its not my car. No point in calling the police they just support the balif

 

In reality any contact with the Council will result in "deal with the bailiff, we can't do anything" the Bailiff will tell you anything as longs as he gets his money. The Police won't be interested as plainly no crime has been committed.

 

Do you know any of the following:

1. How much the Liability Order(s) is for and how much is still outstanding - if you don't know contact the Council ASAP?

2. Do you know how much the Bailiff allegedly says you owe, how many times has he visited, how much has he charged you in fees, has he been in your home or otherwise levied/seized any goods - if so what has he listed? If you don't know don't worry at this point - don't ring to find out as you'll only get a load of bull.

 

As Martin has said you can pay the Council direct either online or automated phone, however you must do this on a regular basis with an amount you can sustain. There is no law that says you have to deal with or speak to a Bailiff.

 

Do not believe a word the Bailiff tells you and at all costs keep him out of your home. Answer those questions above and we'll take things from there.

 

PT

[Nicky Bodmin]

Hi,

No I told balifs I will not deal with them. Any costs from them I am not paying. I have been paying the council and still am. I pay by card. They are just not happy with what I have paided at times because it is not the ammount aggreed. I have explained I have not been able to work as a resuly of a company taking my car to clear another person debt. No car no income. I can only pay what I have. But they not happy with that. i was adviced once by a balif that if I make direct payment to the Council and they take it then that removes the balifs right to be able to collect from me again.

[RaeUK]

Hi Nicky, what is your current circumstances? Can you confirm if you're working - I'm not 100% sure at the moment! - or if you are in receipt of benefits?

Do follow PT's advice. And bear in mind what I said about the statutory declaration regarding your friends car. A bailiff cannot take what isn't yours.

I believe the bailiff fees will need to be paid but will let others better than I confirm that and the amount.

Best wishes.

Rae.

[Nicky Bodmin]

Hi,

I am working, but on advice from a balif if the council take payment the balif cant still come and take.They only can act on a judgement that isnt being paid. You have to tell the balifs of this they hate it.

[ploddertom]

Hi,

I am working, but on advice from a balif if the council take payment the balif cant still come and take.They only can act on a judgement that isnt being paid. You have to tell the balifs of this they hate it.

 

What a load of twaddle. Will explain further later.

 

PT

[Nicky Bodmin]

Please explain why. Because I was told this by a County Court Balif. Also my accountant has confirmed this. Balifs are only brought in when payment isnt being recieved. I no it works because I have used this before.

[RaeUK]

Hi Nicky, I'm sure PT will be as good as his word and be back when able. Unfortunately, there's nothing I can assist with - unless someone in the household is pregnant or disabled... - but will read with interest.

At least you're in the right place now.

Best wishes and good luck.

Rae.

[ploddertom]

Sorry had more customers this afternoon than normal.

 

From what you have said in earlier posts about the Bailiffs etc I would suggest yourself and others you know who say the same are wearing blinkers.

 

Have you read any of the posts on here about how people have been treated, if it was as you say then everyone would be praising the "nice" Bailiff man. You say you have no intention of paying any Bailiff fees, unfortunately it would appear you have already incurred some fees from them and whether you like it or not these are paid first before anything is deducted from the monies owed on your Liability Order, the Council pay these to the Company concerned.

 

I agree wholeheartedly that you do not have to deal with the Bailiff or pay him any money, you are probably doing the right thing by paying the Council direct but you do need to know how much you owe, which is why I asked this previously.

 

Example:

Liability Order from Council = £1000

Bailiff makes 1st Visit - fee charged = £24-50

Council pay Bailiff fee, add this to amount now owing = £1024-50

You pay online £20 thinking it reduces debt to £980 but amount outstanding = £1004-50

Bailiff makes 2nd Visit - fee charged = £18

Council pay Bailiff fee, add this to amount now owing = £1022-50

 

They can only charge for 2 Visit fees no matter how many times they come providing they have not seized/levied on any goods - prime example will be a car. I note although you say you have told them about the car this does not mean they will not attempt to seize it anyway to use as a lever.

 

You say the Bailiff has told you this or that - you will find in most of the posts on here that the advice is not to listen to the Bailiff as they bend any tale to suit whatever they can think of. A County Court Bailiff may well operate in a more friendly atmosphere and use his discretion more wisely however in this scenario we are not talking about the CC Bailiff.

 

Eventually the Bailiff will get fed up of visiting you and send the case back to the Council who can still take further action against you. It is for this very reason that you continue to pay the Council - this should be a regular amount on a regular basis eg £10 per week or whatever level would be more comfortable. They may return it to Court to ask them to fix payments - remember this is a priority debt and comes before Credit Card Bills and the like.

 

I don't mean to come over heavy handed or insulting but think you should read some of the other posts here about how others have suffered at the hands of our best mates.

 

PT

[Nicky Bodmin]

Hi thanks for the reply. I no this is right because I did this with another council balif and I just stayed strong and with every payment sent a covering letter stating that this payment is off my bill. I will not be held liable if you pay the balif out of this payment. In the end the balif gave up and handed the paper work back with no charge at all. And the balif that gave me this info is a good friend and is a Council balif. Also my accountant has confirmed this also.

[jimbo45]

Hi there

just to put your mind at rest about Prison.

 

This will only happen if you are in a "Can Pay but Won't" category which is NOT the case here.

 

The Court will examine your finances and you will only ever be asked to pay what you CAN pay -- not what the Bailiff or even the Council think you can.

 

In fact back to the Court could be the easiest option here as an examination of your finances might ensure you get Council Tax relief. NEVER EVER be scared of a Court for CIVIL debt (including Council Tax).

 

A more disturbing trend these days is for Councils to use a "Bankruptcy threat" against people who haven't paid - but this will only work for amounts of 750 GBP and over and can in general be fairly easily defended against - especially for a non property owner.

 

For CT demands -- NEVER EVER LET A BAILIFF IN, HIDE ALL CARS, YOU WILL ONLY HAVE TO PAY 42.50 (max) FOR 2 VISITS NO MATTER HOW MANY TIMES THEY TRY AND GET IN.

 

Cheers

jimbo

[Nicky Bodmin]

Hi

Thanks for your reply. I have had dealings with balifs serval times, I have already been to court for commital and the council told me if I pay this amount they will be hasppy with that. So she told the Judge and it was left at that. I had been paying but when I lost my car I was unable to earn enough to manage. I got a court summons so I called the council and the woman said ignore this as it had been sorted it was a mistake. I told her of my problems and she was understanding. I told her I would pay what I could. But im struggling to make the full payment agreed. I got a letter yesturday saying I had a week to pay in full.

Can I go to the courts and ask for a reduction of my monthly payment.

Its a very large amount its around 3 thosand pounds. I had moved address from my home to this one were the arrers are. I forgot to tell them. I was under the docter for very server desperstion because after a big family ARGUEMENT MY FAMILT CUT ME DEAD. i LOST MY TWO KIDS 20 AND 23 AND MY HOME IN ONE HIT. i WAS FIGHTING AN aPPEAL LITIGANT IN PERSON AND EVITION ORDERS FROM MY MORTGAGE COMPANY. iM LUCKY i DIDNT TRY SOME THING SILLY. sO YES i DIDNT THINK. I have given all the evidence to the council and they where fine. This lady is not with them any more sand the woman dealing with it now is a real bitch.

I am trying my best but if they carry on I will njot be ablke to cope. Then the Council will have me on full state benifits and have to rehome me. But they dont seem to care