Baillif advice please

[Maggie_moo]

Hi just need a quick bit of advice.

 

Just had the baillifs at the door (second visit, first time letter through door) asking for a lump sum payment for arrears, then a pament plan for the rest. I told them I didn't have a lump sum. Long and short is they've said they are having me committed to prison for non payment. Is this correct? I refused to pay immediately as I don't have a lump sum to give, and also on the grounds that the council will take the account back as we are on Jobseekers Allowance at the moment. Is this right too?

 

A bit concerned now, and not sure whether to ring the council and what to say, or what to do next really - he's given me his number in case I change my 'within the next seven days'.

[sillygirl1]

Get onto the council as you are on Jobseekers they can't come round as you are vulnerable.

 

I will get the moderators to alert our bailiff expert onto your thread.

[Maggie_moo]

Thank you, I'm a bit nervous tbh I've never been in this position before and although, thanks to this forum, I know a little (I didn't let him in the house for example) I just don't know what to do or say next. Feel like a complete idiot as I should have dealt with this before. So the council can take the account back and stop the baillifs?

[sillygirl1]

Get onto them as you are classed as vulnerable they can take the amount out of benefits at about £5 per week....

[ploddertom]

Hi just need a quick bit of advice.

 

Just had the baillifs at the door (second visit, first time letter through door) asking for a lump sum payment for arrears, then a pament plan for the rest. I told them I didn't have a lump sum. Long and short is they've said they are having me committed to prison for non payment. Is this correct? I refused to pay immediately as I don't have a lump sum to give, and also on the grounds that the council will take the account back as we are on Jobseekers Allowance at the moment. Is this right too?

 

A bit concerned now, and not sure whether to ring the council and what to say, or what to do next really - he's given me his number in case I change my 'within the next seven days'.

 

The Bailiff is over estimating his powers in telling you he will have you committed to prison. This is a decision the Court will make at a Committal Hearing but only if you are wilfully refusing to pay. They use it as scare mongering tactics. He will bend your refusing to pay a lump sum as refusing to pay at all - if and when it is returned to the Council for further action.

 

As they have visited you twice then you are responsible for Bailiff fees for 2 Visits - £42-50 total providing he has not been able to levy on any goods. You are doing the correct thing by denying him any access to your home. As both bailiff & Council are not aware of your personal circumstances you need to do this ASAP - to this end I have already made someone more skilled than me aware.

 

For now you must batten down the hatches.

 

PT

[RaeUK]

Hi Maggie moo,

Please don't worry yourself overly. The last place you'll be visiting is prison! I really don't like the way bailiffs instinctively try to bully and frighten people clearly on low incomes.

Whilst you have given a little information about your personal circumstances, am I right in assuming both yourself and your partner are on either Job Seekers Allowance or other benefit? Could you confirm any other benefits you may be in receipt of?

Once you have done that, a letter needs to be drafted detailing your vulnerable status within the National Standards for Enforcement Agents. This should be emailed to both bailiffs and council with hard copies sent by post signed for. I will help draft this if you require - but it won't be until I come back online this evening.

The letter will be notifying them that you are vulnerable, on a low income and requesting that the case is passed back to the council for attachment to benefits [in my case £3.50 per week]. You will need to send proof of benefits to the bailiff.

Please note that if you choose to phone the council there is every chance they will try to tell you there is nothing they can do. This is not the case.

Hope that helps for now...

Best wishes

Rae

[Maggie_moo]

Thank you. Have just had a very interesting coversation with someone from the council. Apparently they would have immediately taken the account back, but cannot do so because my partner claims JSA and is named, but the council tax bill is only in my name. He has advised me to e-mail the recovery department with the circumstances outlined for them to decide, but they don't have to apparently.

 

I've been told to inform the bailiffs of this when they return.

[Maggie_moo]

Kelcou, crossed posts there

 

Yes my partner claims JSA for both of us, and we also have a disabled child and recieve high rate DLA and Carers Allowance

[hallowitch]

Template Letter to Request Account be Referred Back to Council

 

With thanks to Tomtubby

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are in receipt of income support or income based jobseekers allowance and that you wish for your arrears of Council Tax to be deducted at source from your benefits and requesting that the account is returned back to the local authority. You should provide a photocopy if possible, of either your benefit book or confirmation of your entitlement from the benefits agency.

 

—

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated

(enter date)

informing me that your company have been instructed by

(enter local authority)

to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to

(seize/auction etc my goods.)

unless full payment of

(enter amount)

is made by return.

The purpose of this letter is to advise your company that I am in receipt of

(income support/jobseekers allowance)

and am enclosing as proof, a copy of

(payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to

(local authority)

so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of

(my/our)

circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

 

Yours Faithfully.

[RaeUK]

Getting better hunni.

The council are wrong.

The National Standards apply to the household.

 

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 case should be sent back by the bailiffs - who are aware of these standards. Or taken back by the council who are also aware of these standards.

 

Will happily post up a letter template for you but, as mentioned earlier, it'll be later this evening / tonight.

 

Now you can certainly stop worrying. You have the moral high ground to make a formal complaint to the council. I'll help with that too if you like.

 

Best wishes

Rae

Edited April 15, 2010 by RaeUK
Thanks PT for the heads up...

[RaeUK]

Crossed in the post with Hallowitch. Feel free to use that template or let me know later if you'd like a different one. This is not a competition!

Best wishes

Rae

[hallowitch]

Kelcou, perhaps you could add something regarding this in to tomtubbys template letter

 

 

we also have a disabled child

[Maggie_moo]

Thank you all, and I understand what I have to do. My only problem is they are saying that they cannot attach to JSA as it is only my partner that is named on the claim, even though he claims for me, if you see what I mean. The bill is solely in my name.

 

Is this wrong? Could I ask for them to attach to my carers allowance? Sorry if I seem a bit thick but I'm a little confused

[RaeUK]

If they are unable to attach to your benefits then the council should offer you a suitable payment plan which should be no more than £5 per week...

Best wishes

Rae

[RaeUK]

Maggie_moo, would you mind just letting me know what is wrong with your child? This is because I tend to include a link to the appropriate section of the DWPs A to Z of Medical Conditions. If you don't wish to post such information I'd understand.

Best wishes

Rae.

[Maggie_moo]

Hi Kelcou, he's Autistic, non verbal (at the moment but I've got high hopes he may speak eventually).

 

I'm going to do the letters tonight, been a bit busy to do them this afternoon, got myself into a bit of a panic after the bailiffs left and had visions of being hauled off to the cells We're just going to start making payments online from tomorrow so it can't be said we're not willing to pay. I shouldn't have let it get this far so it's my own fault really.

 

Anyway appreciate everyones advice, thanks again

[RaeUK]

Hi Maggie_moo, if you are interested, here is a template for you. This one is just for the bailiff. You will need to send a seperate letter to the CEO of the council making a formal complaint. I'd hang fire for a day or two to let the bailiff respond. If they come back in a negative fashion then they are simply giving you more ammunition. As I said earlier, you have the moral highground.

 

......................

 

Dear Sir

 

Reference number:

 

I am writing with regard to the above account relating to Council Tax Arrears.

 

It would appear, from advice that I have received, my circumstances are classed as 'vulnerable' according to the National Standards for Enforcement Agents. The reasons for this are that my partner and I are both in receipt of Job Seekers Allowance and my son has Autism. He is disabled and the Department For Works and Pensions have awarded him Disability Living Allowance at the higher rate.

 

I will be contacting my GP in order to obtain evidence of my sons medical condition for you. This will be sent under separate cover together with evidence of our JSA.

 

In the meantime, please visit the following site for further information:

 

What is Autistic Spectrum Disorder? - DWP

 

As the current situation is having an aggravated and detrimental affect on him, I am requesting that the case is returned to the initiating Local Authority. Doing so would allow me to address the issue rationally and without fear, whilst putting in place an affordable and sustainable payment plan.

 

I also request that, in the interim period, no further visits be made to my home as they impact adversely on my sons health.

 

I would be grateful if you would please confirm safe receipt of this letter.

 

A copy of this letter has also been sent to XXX Council for their information.

 

Yours faithfully.

 

 

Please note: this correspondence is being sent by both electronic and conventional mail.

 

 

................................................

 

 

Feel free to use, amend or ignore the template.

If you use it, then email a copy to the bailiff company, hard copy sent by post signed for.

Email [optional] a copy to the councils Revenues Division. Hard copy and brief covering letter to the Head of Revenues at the council by post signed for.

You then need to get evidence in the form of a letter from your sons GP and any other NHS interface he has. Copy these, together with evidence of your JSA, plus a very brief covering letter to the bailiff firm and Head of Revenues.

Sit back and see what transpires...

 

 

Best wishes

Rae.