Help needed urgently please?

[ria72]

I recieved a formal notice from Equita today despite informing them that I am waiting from a decision from the council as to whether I am liable to pay a council tax bill for a house that I used to live in 7 years ago.

 

I only recieved initially notice to pay this bill in December 2009 as I moved from the property in 2004 amidst a difficult divorce. so this bill was for that period. I was informed in this letter (Dec 2009)that I had been taken to a magistrates court in 2005 (without my knowledge). I phoned the council informing them that my tnhen husbnd had alrerady left the property from May 2003 and I was not in paid employment at the time and was looking after my 2 children.

 

the council advised me to send a letter in with any documentation to prove I was unemployed. I did this.

 

After recieving more threating letters from Equita I phoned them asking them to put a note on my account explaining that I was waiting to hear from the council. The said they would do his but couldn't guarantee this would put off the baliff.

 

I ran the council today who said they were not in any position to help because they couldn't access the system today because of the financial year end. they advised to re send the doocumentation as they have no record of it,and to reason with the baliffs to stall until Monday. The Baliff has given me until Monday 1pm to sort this mess out. I would be grateful for any advice for what I shoud do next please.I'm desparate:(

[dx100uk]

simple

you need to find out if a liability order was granted by the court.

 

so if you dont know this, you need to phone the council and see if they got a liability order.

then phone the court concerned to check.

 

TBH: if bailiffs are involved, then odds on its true.

 

but anyhow, you can put the bailiffs off, if they come just refer them to the council as they are still investigating your case.

 

just dont let them in, and dont be intimidated by their threats of this and that.

 

it would help, if you have a read around this forum and do a bit of genning up, that way you will be more prepared and know your rights.

 

dx

[ria72]

thanks so much for replying so quickly...I've had a little look on some of the threadds and all said 'DONT PHONE THE BAlIFFS' which unfortunately I already have. He said he will come around to my property with the police and a locksmith and remove my property, Do you know if he can do this...even if I find out there is a liability order?

 

My kids saw how upset I was when i was on the phon trying to sort this out, we're really scared....

[cerberusalert]

Moved to Bailiffs Forum.

[dx100uk]

no he cant thats just buff and bluster.

put it out of your head.

 

the others will be around soon to help also.

 

dx

[Pixidust]

Do not open the door, the Bailiff can't break in. He can climb through an open window or door, so make sure you keep them locked.

 

Write a letter to the Bailiff Company (don't bother to phone or speak they will feed you complete dribble and try to frighten you into making payments).

 

In the letter put something to the effect that you are disputing the debt and will not be liasing with the Bailiffs at this point in time. I'd word it to the effect of ....

 

I understand XXX Council has appointed you to recover my Council Tax Liability arrears for 200x of £xxxx.

 

Firstly, please be advised that I am currently in dispute over this Liability and will not be liaising with your company or its representatives until my Liability is fully investigated and confirmed.

 

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.

If you are a single parent and/or unemployed, include that in the letter and remind them that you are considered vulnerable under the National Standars for Enforcement Agents (you can play around with the wording and make it sound more professional).

 

Send a copy to the Council with a covering letter regarding your dispute (and the documents they have requested). Send a copy to the CEO mark it Formal Complaint and moan about the fact that this is now the second time you have sent these documents and due to the fact you have Bailiffs harassing you, the time delay is not acceptable, and urge him to address this matter immediately.

 

Also contact your local Councillor (it won't hurt).

 

As long as you don't let them in or sign anything they can only charge you for a maximum of two visits, but I would query this if it is found that you are not liable (the Council should have done their homework before appointing a bailiff....). Ignore them if they threaten locksmiths, or try to add other charges. The most you will have to pay is £42ish (£24ish 1st visit, £18ish second)

 

Hope this helps a bit. Someone will come along shortly and give you much beter advice, but hopefully this will help a bit while you wait

Edited February 27, 2010 by Pixidust

[pascha]

ria72, right, ok.

 

hold it together and relax a little. I have had a fair amount of experience with bailiffs courtesy of my ex husband.

 

Firstly have you let him in the house? DONT LET THEM IN! NEVER! if he says he needs to use the phone to call the office, good. let him sit in his car and use his mobile. if he says its dies, oh well let him go on his merryway to the office then and tell them. NEVER let them in.

 

Kepp all door and windows LOCKED. A bailiff can gain what is known as peaceable entry to your property. This means he can enter through an open window or door. He can even get a ladder and climb in through a top window but he CANNOT enter with a locksmith unless he has entered your property before. Ignore the door and ignore him.

If you have to talk to him, do so through a top window or letter box, just remember to lock the window afterwards.

They use scare tack ticks which are unfair and unmorale but unfortunately not illeagal.

 

By law they have to allow you 7 days if there is a quiry over council tax amount that you owe.

 

if you have a car, hide it. Dont sign anything. unknowingly, we give them power by talking to them. they get you so upset and confused that when they say things we can easily be conned into signing and agreeing. stay firm and strong. You can get the council to take it back. if you pay the bailiff you will pay their fees first and once you enter an agreement its hard to get out of it.

 

also just for information, they can only charge you 24.00 for the first visit and 18.00 for the second and no more charges can be added other than, if they get a van, they can add the REASONABLE costs of doing so. saying that they never are reasonsble which can help in getting these b***&^ds off your case!

 

look for posts by tomtubby and hollowitch. they are always spot on!

[pascha]

spot on pixiedust. just an added extra, send the letter to the council recorded delivery. they have to sign for it and you have proof they have it so they cant fob you off. it need to go to council tax debt recovery not just council tax dept. i made that mistake once. pain in the behind.

[ria72]

This advice is invaluable you are all fantastic I am much calmer thank you. I've sent an email to my MP as advised and one to the Council. I will send one by recorded mail also. I have also drafted a letter to Equita using one of your templates.

 

I'm a newly qualifed teacher so I am now working, I phoned my union (NASUWT) and they said I'm entitled to 30 minutes free legal advice over the phone and they will phone me on Monday. Just thought I'd add that in if anyone else is in the same position as me.

 

Thanks again I feel alot better now I have taken some action and got some info thanks to you this is disgraceful that these people can terrorise people like this . Once agin thank you.

[ploddertom]

I know someone has alread mentioned this but can only urge you to contact your local Councillor this weekend. The Council seem to be evasive over what details they have so think I would contact a Councillor and explain all to him. He has access to those that know the answers you need and can start this at 9am Monday. Doesn't matter its the weekend that is what they are there for. Do it now.

 

PT

[pascha]

PT is absolutley right.

[cerberusalert]

For bailiffs to do anything the would need a court order, have you got a CCJ against you? You can check online at CCJs, court orders & fines - Search yourself and others - Trust Online which costs £8 I think, or you can check your credit file or even 'phone the court Monday to see if there is a record of one.

[RaeUK]

Just passing through, ria72. Looks like you have plenty of good advice already. Just to reaffirm, councils don't generally log complaints unless marked 'Formal Complaint', hope you did that to keep the statiticians happy!

Good luck with this and your new vocation.

Best wishes

Rae.