Council Baliffs

[bub1]

Hi, havent posted in a while been ill.

 

I have had today a visit from the Council Baliffs, for council tax.

Now I have been paying this years without fail, and something towards the arrears that I have an arrangment agreed with the council and in writing.

 

I wrote to the council over 2 months ago and asked if they could reassess my arrears payment as I was haveing trouble managing it. They did not reply so payments kept being made.

 

The baliff today said the council has now passed it to him even though I showed him the paperwork etc., receipts etc.,

He said that I have to make an arrangement with him to pay off arrears,I said I have no problem making an arrangment but I cant pay you and the council!.

He then proceeded to ask me if he could come in and do the paperwork so an arrangement can be set up, to which I replied NO! he was quite taken aback with this, and said that no arrangment can be set up if he doesnt come in. I said ok then no arrangment I will keep paying the council the money. I also stated I know the law on baliffs etc., to which he said I am only do my job and I said I am only doing mine.

 

He then proceeded to say it would not go away and that he would refer it back to the council, where further action will be taken I replied fine do that.

 

What is the point of setting up an arrangement with the council if they are going to do this, the baliff also said that any moneys paid on this years council tax will not pay 2010/2011 but will go towards arrears in my eyes that is making me more in debt?

 

I have an appointment to see a solicitor on the 19th July 2010 just incase it gets out of hand.

 

Now the question is do I still pay what was agreed or shall I pay what I wanted it adjusted to?

 

So it seems now that the council have washed there hands of it and passed it on to their own baliffs.

 

I have never refused to pay it.

 

Have I done right in making an appointment with the solicitor as they are probably going to hound me.

I know I did right by not letting them in.

 

Any advice would be apprecitated.

 

bub1

[hallowitch]

Hi

well done you for putting the bailiff in his place outside your house

 

as you are paying this debt to the council and you have kept to this arrangement i would suggest a formal complaint to Chief executive of your council

I fail to see the logic of you council you ask them for help (reduce arrears payments as you are struggling financially)and they send in bailiffs this increasing the debt

[bub1]

I know, the only thing I can think of is that they do not want to reduce the amount I am paying them. I am sure he thought I would just let him in just like that no chance!.

Baliff also said that they could commit me to prison, My reply, they threathened that before, and dropped it. They wont get their money that way and if it did go to court the court would see just what idiots they are.

Do I pay original amount agreed or what I proposed to them in reduction?

 

Thank you.

One thing I can say in the baliffs favour he wasnt right in my face and was standing back from the door, which I suppose is not to bad, then I dont think he wanted to come face to face with the German Shepherd lol.

[hallowitch]

Do I pay original amount agreed or what I proposed to them in reduction?

 

 

you should pay the original amount agreed because they have not agreed to the reduced amount

Pay it to the council as per agreement

 

they should have replied to your letter asking for the reduced amount as a yes or no not sent the bailiffs

 

they should also have sent you a letter telling you the debt was being passed to the bailiffs

 

Statutory Instrument 1998 No. 295

The Council Tax (Administration and Enforcement) (Amendment) Regulations 1998

" Information preliminary to distress
45A. - (1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.
 
(2) The matters are -
 

(a) the fact that a liability order has been made against the debtor;
 
(b) the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;
 
© a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;
 
(d) notice that if distress is levied further costs will be incurred by the debtor;
 
(e) the fees prescribed in Schedule 5 to these Regulations;
 
(f) the address and telephone number at which the debtor can communicate with the authority."
 

[bub1]

Well then I guess they are in the wrong there then to, as I got no notification it was being passed and they shouldnt have done that anyway.

 

I will contine to pay agreed amount then, even though this will make me short in all other bills etc., Never mind will try and rearrange everything.

 

Thank you for your help.

 

Forgot to say that he didnt leave any paperwork, nor did he fill in any paperwork either. Is this good thing or bad?

Edited July 2, 2010 by bub1
forgot to add

[Vicki202]

Id say a good thing hun means if he suddenly finds any paperwork later i means nothing LOL

[Vicki202]

What did he say when he mentioned prison as they no they are not allowed to state that as they can not send u it is abusing there powers to even think of trying it lol

[bub1]

He said that they could take me to court to have me commited to prison for non-payment.

My answer was they wont get their money then will they?

I cannot believe they would commit anyone to prison especially as they are paying or they havent refused to pay. I know if you refuse this is a whole different ball game.

 

I intend to mention this to the solicitor on the 19th July when i have my appointment.

 

I think because he is from the council that I would act differently to if it had been from an outside baliff was her wrong lol. As far as I am concerned they are all the same.

It really is a good job that I have great advice on here and know what they can do and cant do.

[Vicki202]

no the they can do nothing about the prison thing spescially at this stage no matter who it is. it has to be that the debt passes to a bailiff if bailiff cant collect debt its passed back to council if council still cant recover debt its taken back to court n it goes from there its very rare for anyone to be inprisoned for council tax and u have to be refusing to pay it to would have to be alot done before anything reached that stage the fact that you are getting legal advise is a good thing to

[bub1]

I know. I have been trying to sort this out for a long time. At one point before anything was set up I was sending token payments and the council was returning them. I have kept all this paperwork to.

I have never refused and think it is very unreasonable for the council to agree something then pass it on.

 

If the council are ignoring my letters I doubt if they will reply to any solicitors letters.

 

If worse case sonario the case goes to court and they have not replied to any letters from a solicitor what will the court do, go in my favor or councils as they are the ones ignoring everything?

Plus the council know what we have coming in and we are just over the threshold to claim anyhelp, typical!

But we manage.

 

Thank you.

[Vicki202]

the court will see that you have tried and the council have failed to be in anyway what so ever helpful i would advise that anymore letters you send do it via recorded delivery that way they cant say they didnt get them and always say in the letter that you would like a letter of recipt keep a copy of the letters that u send to

[Vicki202]

in your first post u say council bailiffs which company is this ?

[bub1]

Hi, they are direct from the council. His id was council id and his shirt had council name on. So it is their internal ones.

He was not from an outside agency.

I send all letters to council recorded etc., and still they dont reply I also print off when its delivered who signed for it so all covered there.

 

Our council have an internal baliff section. Which they send out first.

 

I would know if it was outside ones as their mannerism would have been slightly different, I should think,

 

I have always asked for a receipt for the letters sent but never got any that is why I keep copy of who signed for letter.

 

I do know also that why the council do not have to accept any payments i make they cannot refuse them either like they did so that is against them to.

 

Thank s for your help

[Vicki202]

they can refuse payments if they wish to the council im dealing with have a few time however ive found a reciept sheet which can be signed by them sayin they have refused to accept my payment to which i can have a witness sign as proof payment was refused

[bub1]

I have just kept everything I have sent them including the envelope that they sent it back in (at that time I was sending postal orders).

They also wont give you a payment book or card to make the payments so you have to find your own way of doing it.

Are you having problems with your council to Vicki202?

 

I did say to him I would get in contact with my solicitor and he said that costs money to which I replied, No I get Legal Aid, that shut him up lol.

[Vicki202]

yea i am bub look at my thread police let bailiff into my property lol it got rather complicated as my council used a external bailiff company

[bub1]

Hi Vicki, I am sorry I didnt see it will go and have a read later. I do hope it is being sorted now.

I have received a copy of a letter this morning what my hospital consultant has wrote to the council saying laying off as it is affecting my health, this occassion that he wrote about was the last time they started so hopefully it will help I doubt it though.

[Vicki202]

fingers crosed it works for you my doctor is also involed to i have to go see her on monday as she seen on my records about the assault from the bailiff she was not happy and as ive sufferd depression in the past and having astmah she does not want anything starting either off must admit thought i was going bk into panic stations again the other day when i saw a van lol

[bub1]

Oh Vicki I hope it gets sorted for you.

 

Just another thing I forgot to mention, the bloke did say that any money I am paying on this years council tax is not paying 2010/2011 it is going to pay the arrears.Which I mentioned before, is that not illegal as they are now putting me in more debt and will in due course chase for this years debt? I feel just like saying shove it I will pay this amount etc., as you seem to want to put me in more debt.

Or just send them what I think.

Even the council are a law unto themselves.

[Vicki202]

i myself would get the council ref numbers for each individual year if your using ref numbers with payments then it should pay of that debt but having said that things only work when the council want them to lol

[RaeUK]

Sory, bub1, did you say hospital? I've only whizzed through this thread trying to catch up - and it's late o'clock. What is your health situation and personal / household circumstances? Just curious...

Best wishes

Rae

[bub1]

Sory, bub1, did you say hospital? I've only whizzed through this thread trying to catch up - and it's late o'clock. What is your health situation and personal / household circumstances? Just curious...

Best wishes

Rae

 

 

Hi, sorry for late reply.

I am under the hospital for a persistant cough they are not sure what is causing it. I see the consultant at the chest clinic every month, I am also on loads of medication. I also suffer from depression and Raynauds.

I am on Incapacity Benefit long term. (I do have medicals to see if I am fit for work and they say I am not). Stress makes my cough worse, which is a worry for the consultant.

I have a son living with me that works and earns well over the limit for us to claim anything as we have tried.

We pay everything including our rent etc., Our rent is £1100.00 a month.

 

When we have finished paying out for everything that leaves £150 a month left. To which I wanted to pay £100 off arrears instead of the £200 I was paying.

This years council tax is £141, therefore I would have been paying them £341.00 which is alot.

The council have been told of my health situation before but said it is not there problem.

I am not saying I will not pay it is just that I would like a managable amount. We do not go out living it up not even my son as the money is not there.

They have tried the one with a letter we are going to apply to have you committed to prison which they didnt follow through, they even tried the one we want to interview you for fraud and believe you are working married etc., this one was started off by my ex-husband. When I refused they didnt follow it through as my solicitor said what proof do you have? They never had any so couldnt do anything.

 

As they say my health isnt there problem so they wont take any notice.

So what is a girl to do?

 

In answer to Vicki202 our council does not use reference numbers they only use the council tax reference number on all their paperwork. Whcih is very sneaky.

Edited July 4, 2010 by bub1
left off

[bub1]

Also forgot to ask, my son has stuff can if it went to court and went in their favor take my sons belongings, I have never paid for any of his stuff he has and the bill for it is in his name so it belongs to him?

[Vicki202]

they cant touch anything thats not yours

[bub1]

Thank Vicki202. How are you today?