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Hi

I'm hoping someone can give me some advice rather quickly. I've got myself in a sticky situation with regards to my council tax. I owed a certain amount on an old property anyway and now have an amount outstanding on my new property. I'm fully aware that it's all my fault but due to circumstances out of my control (family illness leading to lack of earnings amongst other things), I've not paid everything and I guess I've been ignoring the issue whilst trying to make payments on this years council tax bill.

 

We've received 2 notices through the door from Bristow & Sutor regarding the outstanding amount which now total £1,215.79. I sent them a letter by fax the other day which I found on here and which said the following;

 

"I understand Cheltenham Council has appointed you to recover my Council Tax Liability arrears for 2009/2010 which you have stated are £1238.79 including your fees.

 

 

Firstly 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 and I know the fees allowed under statute and when these fees can be applied.

 

 

 

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £50.00 and the balance of £88.79 to be paid on the 24th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

 

 

 

I am able to pay the above amount on the 1st of each month. Please advise how you would like future payments made. My personal preference is payment by Standing Order.

 

 

 

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

 

 

 

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

 

 

 

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

 

 

 

I hope the above meets your approval and I look forward to your timely reply by letter."

 

 

I was hoping that would do the trick but I got home today to discover that a notice of seizure of goods was put through our door in respect of our car that was parked on our drive and giving us 5 days to pay. I can't scan the documents at the moment but they are exactly the same as on the following post -

 

http://www.consumeractiongroup.co.uk/forum/bailiffs-sheriff-officers/266046-levy-legal.html

 

The difference is with that post is that the car is for a disabled person and that's what the thread is about really so I haven't really got any advice from that one, hence my new post.

 

I need to know if this is a scare mongering technique. We've not signed anything to acknowledge the seizure of goods so how do they know the car is ours? Can they actually clamp it or take it? Also the car is registered in my husband's name but only part of the debt is in both of our names. About £450 is in my name only and about £800 is in joint names. Surely they couldn't take the car as it's worth more than the debt anyway?

 

Also I saw a list of things that were excluded from what they could seize which included a car if it is used for employment purposes..we both use it for commuting so presumably it would fall under this category?

 

I'm not sure what to do next..there's no way we can pay it. I might be able to juggle things and make some sort of payment at the end of the month but this will make me go into arrears with other things and cause more problems. We've made an offer of payment which they've just ignored so it doesn't seem to have done any good.

 

Please help me! Thank you in advance

 

PS I should also point out that I've not acted sooner as the initial 2 notes through the door were posted whilst we were away.

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do you know the original value of the liability order?

have you asked the council yet?

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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The original order was £342.29 for one property with fees of £24.50, £18 & £35 added on top of that amount and for the current property £682 with £24.50, £18 & £46 fees added on top.

 

I haven't gone to the council as we got reminders etc and I had a payment arrangement to pay the £682 but I broke it and they said they couldn't offer me another payment arrangement as I'd already had enough chances as it were.

 

I did contact them about the £342.29 a while ago as the property was rented out from 05/03/2010 onwards so when I got the bill, I asked if that was the correct amount as it was produced before the tenant moved in. I also didn't get the opportunity to pay the £342.29 in installments..I just go a bill for the year and told it was to be paid more or less straight away. I should've contacted them at the time but it went along the wayside along with everything else. :mad:

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hi pinkibby,

 

our local library has an advice service for council tax, if not

i would go a.s.a.p. in to your local council tax office benefits section, and take all paperwork with you, explain what you have already explained on your post just now, and explain it is due to illness that you are in this situation through no fault of your own, take a passport, or utility bill,

birth certificate, medical card, for proof of who you are, or you could ring first on your council tax bill where it says council tax benefit helpline, etc,

go straight to the horses mouth as it were, and explain about the seizure of goods, etc, tell them this is extremely urgent you see someone immediately, it is a shame you did not go to them for help first,

because in the end you have to go to them, do explain fully your story, and that you cannot pay the full amount, but what you can pay, good luck, and i do hope this helps.


:p[sIGPIC][/sIGPIC]

totiesquoties

 

MY ADVICE IS BASED ON COMMON SENSE AND KNOWLEDGE FROM PERSONAL EXPERIENCE, I AM NOT LEGALLY TRAINED, AND ALWAYS CHECK LEGAL ISSUES EITHER WITH A LEGAL PERSON, OR

THE APPROPRIATE LEGISLATION. :rolleyes:

IF I HAVE HELPED, PLEASE PRESS MY STAR, THANK YOU.:lol:

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Unfortunately they can take your car unless it is insured as a 'works vehicle' only. If your partner is named on the liability order then again they can take the car.

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Presumably if we pop it in the garage they can't break in there? I'm going to try and get something sorted this week, I've managed to make an arrangement with my mortgage company to pay some arrears off in small amount which frees up some more money when I get paid next week..I might be able to pay £500..do you think that would be a suitable part payment to stop them taking the car?

 

I'm just worried about the 5 days business as I don't get paid til Wednesday. Our garage is full of stuff but if we clear it we could pop it in and hide it to buy some more time?

 

Also I've just had a thought..if I try and pay the money we are both liable for, they wouldn't be able to take the car surely as the car is registered to my husband and he would no longer have the debt?

 

I will speak to the council tomorrow. I'm just worried that I'm going to end up with the same problem with this years council tax as all my money is going to pay off my outstanding debts :(

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no they cannot break in.

 

they should really accept part payment.

 

i dont think its advisable to string this out over 2 yrs.

 

forget not CTAX is a priority debt, so if you paying any cards or loans etc you really need to knock these on the head for a while to get the ctax clear

 

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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:)Hi

Just to let you know that I contacted the Council who've agreed to make a payment plan between me and them rather than with the bailiffs and the bailiff action is on hold..they will commence again if the payment plan isn't kept to, hopefully that will never happen!

 

The council have agreed to me paying the balance of the old property next week then the remainder for the new property til next March, I will try and clear it before then but they are quite happy with the amount that I will be paying.

 

Thanks for your help!

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well done this is good news :)

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:D

dx


please don't hit Quote...just type we know what we said earlier..

 

if everyone stopped blindly paying DCA's tomorrow

the biggest financial industry in the UK, DCA;s would collapse overnight.

 

 

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