Council Tax and Equita

[chris433]

Need some help and advice if possible from this wonderfull forum that i have read and used for many issues.

 

We last year fell into arrears like most with a few financial issues and 4 kids, anyway we arrange to pay back £108 per month to council which we did until xmas as normal we struggled with everything like most do, anyway we managed to catch up and are now upto date we owed £883.91 at this point bear in mind we had already made payments to the sum of nearly £600, anyway got a letter from council saying that the baliffs would be calling as we had missed payments, we was late by 1 week but we have paid.

 

Anyway i phoned them upto day and they told me it had been passed to Equita and to phone them, at which point i told the council we had payed so the women went of the phone and checked and then said she would make a note of the payments but to talk to Equita Direct.

 

Now i have used these forums to help a few people out in the past and i have then read the baliffs section but have a few quiries.

 

1. If they call i wont be letting them in anyway .

 

2. i have told the council we will just carry on paying as we pay online via bill payment system.

 

3.we have 3 children that are on DLA our yongest daughter suffers from hemiplegia and cannot walk for long distances and i am concerned that they may try to get our car as we live 2 miles from our schools this would make it impossible for us to get the kids to school.

 

What i want to know is as we have 3 children on DLA my youngest is getting the high rate care for her legs, can i contact the council and ask them to stop this as they are disabled and in reciept of DLA and would not want to get my kids upset, i personally am not bothered about them but i dont want my kids to feel the brunt of it.

 

Can i stop them from coming, we have had no contact from Equita either by letter or visit yet but i dont fancy them trying to take our only mode of transport away.

 

I am self employed and work for my self so we get tax credits etc and can afford the £108 which we do pay is there anything i can do.

 

Please help as i am in a rut and like any parent want to ensure my kids dont feel this, as it is all to do with years ago when i was not working and they overpaid our benefits so they say and thats where the arrears came from, we are happy to pay them as there is about 5 payments left and then it`s clear.

 

Any help will be greatfully accepted.

 

Thankyou.

[impecunious]

Looks your family would come under the "vulnerable" status - due to your children's disabilities.

 

Don't panic -- someone will come along and explain in more detail.

 

Impecunious!!

[ploddertom]

Need some help and advice if possible from this wonderfull forum that i have read and used for many issues.

 

We last year fell into arrears like most with a few financial issues and 4 kids, anyway we arrange to pay back £108 per month to council which we did until xmas as normal we struggled with everything like most do, anyway we managed to catch up and are now upto date we owed £883.91 at this point bear in mind we had already made payments to the sum of nearly £600, anyway got a letter from council saying that the baliffs would be calling as we had missed payments, we was late by 1 week but we have paid.

 

Anyway i phoned them upto day and they told me it had been passed to Equita and to phone them, at which point i told the council we had payed so the women went of the phone and checked and then said she would make a note of the payments but to talk to Equita Direct.

 

You do not at any stage have to speak to these people as they will try to intimidate you.

 

Now i have used these forums to help a few people out in the past and i have then read the baliffs section but have a few quiries.

 

1. If they call i wont be letting them in anyway . Good

 

2. i have told the council we will just carry on paying as we pay online via bill payment system. No problem there

 

3.we have 3 children that are on DLA our yongest daughter suffers from hemiplegia and cannot walk for long distances and i am concerned that they may try to get our car as we live 2 miles from our schools this would make it impossible for us to get the kids to school.

 

What i want to know is as we have 3 children on DLA my youngest is getting the high rate care for her legs, can i contact the council and ask them to stop this as they are disabled and in reciept of DLA and would not want to get my kids upset, i personally am not bothered about them but i dont want my kids to feel the brunt of it.

 

Do you still have copies of your Award Notice - if so copy each one and write a letter to both Council and bailiffs advising that under Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents you are classed as "vulnerable". Send this as email and back up in the post, it should automatically be referred back to the Council

 

Can i stop them from coming,

No

we have had no contact from Equita either by letter or visit yet but i dont fancy them trying to take our only mode of transport away.

I would assume because of the childrens health status you have either a Motability vehicle or get the RFL paid for you, also you will have a Blue Badge which you must leave in plain view. If any of this is correct they cannot levy/seize this vehicle.

 

I am self employed and work for my self so we get tax credits etc and can afford the £108 which we do pay is there anything i can do. Just keep paying as you do

 

Please help as i am in a rut and like any parent want to ensure my kids dont feel this, as it is all to do with years ago when i was not working and they overpaid our benefits so they say and thats where the arrears came from, we are happy to pay them as there is about 5 payments left and then it`s clear.

 

Any help will be greatfully accepted.

 

Thankyou.

 

PT

[chris433]

Thanks for that, it`s not me or my wife i fear for it`s my kids especially gettting them to school each day, and both my daughters are under the hospital every 6 months for check up`s as stated my youngest suffers from hemiplegia which is week leg muscles and my eldest suffers from abscent Epilepsy so it`s them i fear would feel it the most.

 

Thanks.

[ploddertom]

Supplementary to the above Post.

 

Have you claimed the Disabled part of Council Tax Benefit. This can be claimed regardless of your income. Only usually puts you into the Band below what you are in now but still worth checking.

 

Any hassles at all over this and contact your local Councillor - in fact I would do that anyway. He has direct access to those in charge at the Council. Doesn't matter it is late Friday, in my opinion anytime up to 9pm or during the day Saturday or Sunday is perfectly acceptable. If they give you hassle thank him for his time and inform him local reporter will be in touch.

 

PT

[chris433]

Thanks Ploddertom, as for the car we bought if using our mobility when she was on the high rate mobility, she is now on low rate mobility so we dont have the badge anymore but the car is also now ours as we paid for it over 2 years ago using the mobility award rather than renting it.

 

i am concerned that they may try and get it then we have no way to get them to school.

 

We do have the notices for our children and i will get them sent of to the council first thing tommorow.

 

Thanks for all the help.

[fluffy_bunny]

Was the missed payment over the Christmas Period? Did you miss more than one?

[chris433]

Was the missed payment over the Christmas Period? Did you miss more than one?

 

Hi we have not missed the payments we was a week late on 2 but we are bang upto date as of now and we will be paying the sheffield city council again online next friday as it`s due on the 28th so we will still be upto date with just 4 payments of £108 and one last payment to go of £19.91.

 

Normally they are sound to talk to but today was just a waste of time.

[ploddertom]

The chances are you can expect a visit at just about any time from now onwards until you can get your "vulnerable" status sorted and thus returned to the Council. The chances are he will attempt to levy/seize your car if it is outside. Best bet therefore for now is to lock it in the garage or move it well away if you don't have a one. Although this would have to be rescinded it is the hassle it causes in the first place.

 

PT

[chris433]

Thanks ploddertom, I Have moved the car to a friends house as we dont use it at the weekends anyway and ill phone council on moday and try and sort this out.

 

Would not mind but we are paying and £108 a month is a lot when we have 4 kids but we pay and as i use the online payment system it`s all documented online on my account and we have proof as well via our bank statements.

[ploddertom]

Thanks ploddertom, I Have moved the car to a friends house as we dont use it at the weekends anyway and ill phone council on moday and try and sort this out.

 

You may well get the usual standard response from the Council - "it's out of their hands and you have to deal with the Bailiff" - you need to speak to someone in authority at the Council or as I said earlier contact your Councillor.

 

Would not mind but we are paying and £108 a month is a lot when we have 4 kids but we pay and as i use the online payment system it`s all documented online on my account and we have proof as well via our bank statements.

 

I understand that but unfortunately the Council only have you as a number and the computer has no feelings at all!

 

 

PT

[RaeUK]

Hi chris,

As PT has pointed out you most certainly would be classed as vulnerable within the National Standards for Enforcement Agents. :

 

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.

 

 

This applies to the household not the individual. As a matter of priority, you need to write to the council - Head of Revenue would be a start - clearly detailing that your children are disabled. Confirm that you can provide evidence to this effect. You need to make clear that your car is required to transport your disabled children. [That said, I don't think they like to levy cars for council tax].

Copy the letter to the bailiffs.

The Standards are not law. But they are the standards both council and bailiff should be working to. You have the moral high ground. If they fail to take the case away from the bailiffs you need to make a Formal Complaint to the council, notifying your local counciller and MP at the same time.

You should not be subject to bailiff action.

 

Best wishes

Rae.

Edited February 19, 2010 by RaeUK
type o

[chris433]

Thankyou Kelcou for that, my head is banging at this point with what has gone on today, at least car is car is safe till i can get things sorted.

 

Sods law finally get through on a friday and now we have got to wait until monday.

 

Will be doing my letter and gettting it in post tommorow to the council anyway as we have heard nothing from equita yet, will wait and see what happens if anything this weekend.

 

This forum is a godsend in the space of 1 hour i have learned more about baliffs anything and the members are always so helpfull.

 

Anyway must admit i am not the type that gets threatend anyway so they will just wash with me, so long as i keep my family safe thats all that matters .

Edited February 19, 2010 by chris433

[RaeUK]

To be honest, it's your kids wellbeing that's uppermost in my mind. The vulnerable category is there for good reason. They should not be subjected to anything that would be detrimental to their health. Bailiffs being a prime example.

[someone please clarify this statement => ] I am very much under the impression that councils frown upon levying cars for council tax arrears.

Just to let you know, if you didn't already, there is a very good benefits forum on this site and a good special needs forum. Both deal with DLA issues.

Best wishes.

Rae.

Edited February 20, 2010 by RaeUK
typoo

[chris433]

Result-

 

Phoned council this morning and spoke to a supervisor not a standard agent, explained we had 3 disabled children and she could not aplogise enough she contacted the baliffs straight away and the account is back with the council as we was paying as i said anyway.

 

So if you are disabled or classified as vunerable then speak to them it does work.

 

Cannot thank you all on this forum enough and i will be watching from now on andanyody whom is in these circumstances i will try and help them out.

 

Thankyou all.

[ploddertom]

That's great news for you. I can do a jig round the living room now, what a start to the week.

 

PT

[Pixidust]

So if you are disabled or classified as vunerable then speak to them it does work.

.

 

It "should", but doesn't always. When I was having complications with my pregnancy (categorised as "High Risk"), I missed 2 months Council Tax payments due to a glitch with my bank (still in dispute with them over it). By the time I got around to checking my mail the Council had passed the debt to the Bailiff. I pleaded and pleaded with my Council to take it back as the only reason I'd missed the payments was due to being in and out of hospital because there was a risk my baby had died. The Council point blank refused forcing me to deal with the Bailiff who threatened me with imprisonment.

 

I can't begin to describe the state I was in during all this. It was only due to reading these forums (never posted) that I realised I fell into a vulnerable group and wrote to the Bailiff company (Equita) who passed the debt back. At no time did the Council make any attempt to assist me or accept that my circumstances meant it should never have been passed to the Bailiff in the first place. The Council, in my opinion, are really quick to bring the Bailiff in, which is against Government guidelines that states the Bailiff should be a last resort.

 

The Bailiff charged me for the 2 visits he never made, and the Council never bothered to respond to my complaint. I let it all drop because I wasn't well enough to deal with them, but I'm sure they guessed I wouldn't and simply ignored me like a I was a piece of worthless trash. I guess they risk assess who they can and can't mistreat without facing any consequences!

 

Incidentally, I have overpaid my Council Tax by about £50 this year (paid it all in November 2008 ). The Council haven't returned my money, and are keeping it to take off this years bill, which I'm sure they can't legally do because right now it's my money and is earning interest in their bank when it could be earning interest in mine. Maybe I should send the bailiffs around.....

Edited February 22, 2010 by Pixidust

[RaeUK]

Chris, I am so happy for you and the kids!

 

Pixidust, it can depend on the council. If they respond negatively you would need to escalate a formal complaint to the CEO. The front office staff usually are ignorant of the standards and will just say deal with the bailiffs. Which is why, like chris, you go higher up the chain.

If you start a new thread you may get some advice on claiming back excessive bailiff fees. You have up to 6 years to do so...

 

Best wishes

Rae.

Edited February 22, 2010 by RaeUK
happy type o

[hallowitch]

nice result well done chris

[ploddertom]

It "should", but doesn't always. When I was having complications with my pregnancy (categorised as "High Risk"), I missed 2 months Council Tax payments due to a glitch with my bank (still in dispute with them over it). By the time I got around to checking my mail the Council had passed the debt to the Bailiff. I pleaded and pleaded with my Council to take it back as the only reason I'd missed the payments was due to being in and out of hospital because there was a risk my baby had died. The Council point blank refused forcing me to deal with the Bailiff who threatened me with imprisonment.

 

I can't begin to describe the state I was in during all this. It was only due to reading these forums (never posted) that I realised I fell into a vulnerable group and wrote to the Bailiff company (Equita) who passed the debt back. At no time did the Council make any attempt to assist me or accept that my circumstances meant it should never have been passed to the Bailiff in the first place. The Council, in my opinion, are really quick to bring the Bailiff in, which is against Government guidelines that states the Bailiff should be a last resort.

 

The Bailiff charged me for the 2 visits he never made, and the Council never bothered to respond to my complaint. I let it all drop because I wasn't well enough to deal with them, but I'm sure they guessed I wouldn't and simply ignored me like a I was a piece of worthless trash. I guess they risk assess who they can and can't mistreat without facing any consequences!

 

Incidentally, I have overpaid my Council Tax by about £50 this year (paid it all in November 2008 ). The Council haven't returned my money, and are keeping it to take off this years bill, which I'm sure they can't legally do because right now it's my money and is earning interest in their bank when it could be earning interest in mine. Maybe I should send the bailiffs around.....

 

Pixidust

 

I think this should make a thread of its own as it is quite a contentious subject. Obviously some Councils are better than others so why not give others the chance to comment.

 

Incidentally if you paid bailiff charges unfairly/unlawfully then you have 6 years to claim them back.

 

PT

[ploddertom]

Pixidust

 

I think this should make a thread of its own as it is quite a contentious subject. Obviously some Councils are better than others so why not give others the chance to comment.

 

Incidentally if you paid bailiff charges unfairly/unlawfully then you have 6 years to claim them back.

 

PT

 

OOps must learn to read other posts before replying, sorry.

 

PT

[suzukigsxr1000steve]

Hi,

This is my first post here.

I had a letter on the 14th December from Equita demanding £899.00 for unpaid council tax.

My wife pays this herself but I was not aware she had not been paying it, until Friday.

It seems she has not paid it for about nine months, but the main problem was on Friday I had a letter delivered by hand, saying the usual stuff like...Payment due in full in 24 hours. I have visited today with the intention of removing goods blah blah.

I telephoned the mbailiff on the mobile number given on the Friday but got no reply over the weekend. So I rang this morning being the Monday.

I said I wanted to pay the debt and asked if the ammount was £899. He informed me that because he turned up on Friday with a van there were " additional costs ". The additional costs were....£" 160 for attending and a further £ 50 for " administration charges ".

So it took the total owed to £1100.

Surely the fees charged are excessive? If the are how do I go about getting a refund?

A £210 addtional charge on a debt of £900 is robbery. What if anything can I do about it please? Help.

 

I am sorry if this has been posted in the wrong section...not very good at this forum thingy.

[RaeUK]

Hi suzuki and welcome.

If you follow this link, bottom of the page, click on 'new thread'. I'm sure you'll garnar some interest...

 

Bailiffs and Sheriff Officers - The Consumer Forums

 

Best wishes

Rae

[ploddertom]

Hi suzukigsxr1000steve

 

Best to start your own thread. Go to:

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

PT

[suzukigsxr1000steve]

Many thanks all