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Notice To seize Goods... Advice On My Grounds As Slightly Confused.

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A couple of months ago I received a court notice from the Council for arrears of CT. Found that to be odd being on CTB but woman politely explained it was a short fall when I started claiming which was fair enough. Arranged to pay the £60 back in fortnight payments of £20 which she said would stop all court action. They wouldn't give me the bank details I needed over the phone but were sending them in the mail. A couple of weeks passed, no details, telephoned, they said they'd send them. That happened twice more and I still don't have the details and they won't supply them over the phone. :rolleyes:

 

Yesterday, while trying to deal my sick 2 year old, a man knocked at the door. Asked if I was "my name" so I said no as we've had canvasses round just lately promoting loft installation and stuff so I thought he was one of them and I wanted to get back to trying to clean up my toddler. He then asked that I give a letter to "my name" and presented me with an envelope. I opened it a couple of hours later to find it was a "Notice of attendance to seize goods" from Jacobs for the debt to the council for the CT and the amount was now £149.89 + costs! I spent 40mins holding in a que to speak to someone at the council about it and eventually gave up waiting thinking I'd phone today.

 

This morning I went to the Drs which then resulted in a trip to the hospital, (tendon damage in my wrist, having to type one handed :rolleyes:), and being gone most of the day. I got home to yet another letter from Jacobs, this one stating it was a "Notice of further attendance to seize goods" and the amount now being £167.89 + costs! In the middle of the letter in bold it states "Final opportunity to pay the bailiff by instalments" and the guy has circled this in red pen and circled his name with an arrow coming from it and "4 hours" next to it. I found that pretty strange considering he didn't even state what time he left it, so 4 hours from when exactly?

 

So where do I stand with this? I had no idea it had even gone to court as the last I heard they were sending the details out for the bank still and clearly the council are to incompetent to manage that. The letters both state I can make a payment arrangement but I have to have a bailiff call round to my home to complete paperwork which incurs a fee and I have to give some sort of payment there and then. Between having one wrist strapped, a toddler and issues with letting strange men in my house I don't like that idea at all. What actually can I do short of letting some random man into my house with myself and my child?

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Guest Cartaphilus
Arranged to pay the £60 back in fortnight payments of £20 which she said would stop all court action.

 

Well, it's never a good idea to arrange these things over the phone, always contact by writing. I would go back to the council and raise this issue with them, find out if there is a record of your phone call and what was said and raise a complaint with them. Regardless of what you were promised on the phone it would appear some kind of court action was taken.

 

However, it is usual as far as I know to receive further letters telling you when that action will be taken in order for you to be there ie in court and attend. Maybe I have all that wrong but that's what I know from seeing such documents issued by councils.

 

I think you need to go back to your council before doing anything else and establish with them a few things.

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If you find it difficult to get hold of a certain department by telephone, perhaps you could try e-mail? This would also mean you have proof that you are dealling with the matter.

 

Most Councils do have e-mail options available I believe.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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Guest Cartaphilus

Yes, they certainly do have email options available at most councils ... ;)

 

BTW, hope your wrist gets better ... as I imagine it must be very painful having 'tendon problems'.

Edited by Cartaphilus

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you do NOT have to let this or any other bailiff collecting council tax into your home

Regardless of what the bailiff may say you are not legally obliged to let him into your home

 

If a bailiff manages to levy goods either in your home or your car this increases the bailiffs fees he will charge a levy fee and a week later he will add a van fee

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Ask him, if you do 'speak with him' to produce his Warrant of Execution, not sure if CT route requires this, but worth a try.


Every journey begins with a single step :):)

 

Please note: I have no qualifications in this area - my advice is learned from the wonderful members of this Forum. Thanks to you all for your help.

 

If you have found my post helpful please leave a short message by clicking the star to the left of my profile - Thank You

 

The only person entitled to your Personal Finance details is a Judge not a DCA

 

Move all banking activity to another banking group if you have a dispute - your funds can be used to offset debts within the same group.

Be careful with Banking details (card/account numbers) as these can be used to take unauthorised payments.

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I've just managed to speak to someone at the council who said on their system it's showing them having sent the details out to me and that the court date was the 11th of June which I never received notice of either. :confused: The woman was actually every rude and told me if I knew there was money owing to them I should of just paid it despite me trying to explain to her that I can't pay it if I don't have the details and refuse to take payments over the phone. She also said there is nothing else they can do and I have to pay the bailiff the money and if I have a complaint I can write to them. :(

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The bank details for the council should be on the back of your council tax demand. Failing that, have a look on their website and see if they accept online payments.

 

If you have still got the amounts of £20 per week you haven't paid, pay it all in one go and then you have kept up your side of the deal.

 

As for charges etc, others are better to advise than me. I know very little about what is allowed to be charged etc

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Yes, they certainly do have email options available at most councils ... ;)

 

BTW, hope your wrist gets better ... as I imagine it must be very painful having 'tendon problems'.

 

I'll say thank you but I can't help but feel that was sarcasm...

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The bank details for the council should be on the back of your council tax demand. Failing that, have a look on their website and see if they accept online payments.

 

If you have still got the amounts of £20 per week you haven't paid, pay it all in one go and then you have kept up your side of the deal.

 

As for charges etc, others are better to advise than me. I know very little about what is allowed to be charged etc

 

They won't allow me to pay it now and when I asked about paying it online I was told I wasn't allowed to do that as it was an outstanding amount.

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They won't allow me to pay it now and when I asked about paying it online I was told I wasn't allowed to do that as it was an outstanding amount.

 

They cannot refuse to accept it unless they have blocked your account online.

 

Just send it if it allows it, it shows you are not evading it. If you send it and it goes through, they have to accept it.

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you do NOT have to let this or any other bailiff collecting council tax into your home

Regardless of what the bailiff may say you are not legally obliged to let him into your home

 

If a bailiff manages to levy goods either in your home or your car this increases the bailiffs fees he will charge a levy fee and a week later he will add a van fee

 

Someone told me today that I have to let them in otherwise they can't do a levy of goods and they can't set up a payment plan without that. Is that incorrect? I've never had to deal with them before and having heard all the things about once they've been in your property once they can just force entery, etc, etc I'm really concerned for the safety of my child and really don't want her unsettled with people banging on the door.

 

The car is in my name but actually belongs to my partner who has a HP agreement with Welcome, (if anyone has any advice on our situation with them at the minute I have a thread in their section) so would they still be able to do anything with that?

 

We've never had any of these issues before, everything has always been paid on time and never had any debt till this and the car issue with WF. :(

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They cannot refuse to accept it unless they have blocked your account online.

 

Just send it if it allows it, it shows you are not evading it. If you send it and it goes through, they have to accept it.

 

Does this still count though with her saying it's been passed over to Jacobs and out of their hands?

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Guest Cartaphilus
I'll say thank you but I can't help but feel that was sarcasm...
Sorry, I am completely confused by this? have we met somewhere, do you know me well enough to make those assumptions? Strange.:confused:

 

I will leave this thread well alone in that case. You've been given some very solid advice by the rest, including how to deal with this.

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Does this still count though with her saying it's been passed over to Jacobs and out of their hands?

 

You do not have to pay Jacob's, the debt belongs to the council. Paying it this way will annoy Jacob's but so what, they annoy me and you.

 

Jacob's will tell you the world is square if they think they can get money out of you. All they are doing is acting on the instruction of the council. Whether you pay Jacob's or the council direct, then you are still paying your debt off.

 

Any money you send to the council is taken off what you owe anyway. Pay what you can asap and just ignore the jokers.

 

The council will tell you you have to pay Jacob's as it is out of their hands, just pay the council online if it allows you. Then refuse to speak to Jacobs.

 

If Jacobs come round to your house, as long as you do not let them in, or leave windows open, or your car in the drive, or anything else in the garden for them to attempt to do a levy on them, they are powerless.

 

You are not refusing to pay, you just couldn't pay on the date that you should have done. That's the difference.

 

If you pay the council online, then you are showing that you are willing.

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Sorry, I am completely confused by this? have we met somewhere, do you know me well enough to make those assumptions? Strange.:confused:

 

It was because of you putting 'tendon problems' it came across as sarcastic with the punctuation, clearly I'm wrong and I apologise.

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You do not have to pay Jacob's, the debt belongs to the council. Paying it this way will annoy Jacob's but so what, they annoy me and you.

 

Jacob's will tell you the world is square if they think they can get money out of you. All they are doing is acting on the instruction of the council. Whether you pay Jacob's or the council direct, then you are still paying your debt off.

 

Any money you send to the council is taken off what you owe anyway. Pay what you can asap and just ignore the jokers.

 

The council will tell you you have to pay Jacob's as it is out of their hands, just pay the council online if it allows you. Then refuse to speak to Jacobs.

 

If Jacobs come round to your house, as long as you do not let them in, or leave windows open, or your car in the drive, or anything else in the garden for them to attempt to do a levy on them, they are powerless.

 

You are not refusing to pay, you just couldn't pay on the date that you should have done. That's the difference.

 

If you pay the council online, then you are showing that you are willing.

 

So I should ignore what the rude woman at the council tells me, pay the outstanding amount online, print off my emailed receipt for safe keeping and go about my business as usual?

 

Is there anyway Jacobs can turn round and say I still have to pay them the £100 odd that they've added? Do I need to tell them it's been paid or just ignore them?

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Someone told me today that I have to let them in otherwise they can't do a levy of goods and they can't set up a payment plan without that. Is that incorrect? I've never had to deal with them before and having heard all the things about once they've been in your property once they can just force entery, etc, etc I'm really concerned for the safety of my child and really don't want her unsettled with people banging on the door.

 

DO NOT LET THEM IN YOUR HOUSE OR ALLOW THEM TO DO A LEVY!

 

The car is in my name but actually belongs to my partner who has a HP agreement with Welcome, (if anyone has any advice on our situation with them at the minute I have a thread in their section) so would they still be able to do anything with that?

 

They cannot touch the car if it is on Finance, but they may try to do a levy on it, this can be overturned by doing a Stat Dec stating it is on finance anyway, if they do.

 

We've never had any of these issues before, everything has always been paid on time and never had any debt till this and the car issue with WF. :(

 

We are in 2010 people are and will continue to struggle. Bailiffs should be shot as all they are doing is making more misery, more debt, just for some commission. You are not the first to struggle and I guarantee not the last.

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So I should ignore what the rude woman at the council tells me, pay the outstanding amount online, print off my emailed receipt for safe keeping and go about my business as usual?

 

Is there anyway Jacobs can turn round and say I still have to pay them the £100 odd that they've added? Do I need to tell them it's been paid or just ignore them?

 

If you pay what you owe online, there can be no debt can there?

 

If you owe the council £100 and you then pay that online, the debt has gone.

 

The bailiffs can only charge iirc £24.50 and £18 ish for the first and second visit. If they do a levy they can charge more I think, but like I said I am not too sure on the exact amounts.

 

Pay the council off, then technically you still owe the 'legal' charges to the bailiff, which would be about £42.50 and you won't owe any 'illegal' charges they have added.

 

When you have proof of the payments, if Jacob's come round, show them the receipt and ask them to check with the council. If you want to pay them the £42.50 then, then do so. I am not sure if you have to pay them the £42.50 or if the council would pay it, but if you do not owe the council tax debt any longer how can they enforce the £42.50 they will have no valid order so to speak as the order would be for £100 which you have already paid.

 

But until it's paid off, do not even speak to Jacob's. Do as previously advised.

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Guest Cartaphilus
It was because of you putting 'tendon problems' it came across as sarcastic with the punctuation, clearly I'm wrong and I apologise
.

 

No, actually, I was qouting you or paraphrasing you not using sarcasm. Hence the use of the speach/quotation marks.

 

Reason I said it is because I suffer with extremely agonizing tendinitis in both arms, I am also disabled so was merely expressing how I know what agony it is. So I know exactly how it feels, but also the problems it causes. No misunderstanding intended. My MO is to help, I speak both directly and plainly.

 

Now, follow the very good advice Letdothis is trying to give you about this plus everyone else who has contributed in how to now deal with this. Ignore the stupid rude woman at the council who has been sarcastic to you by the very expedient of being rude. Forget what you have heard about them as well, it's how this situation is now dealt with. Correctly.

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DO NOT LET THEM IN YOUR HOUSE OR ALLOW THEM TO DO A LEVY!

 

If they push to come in the house, what can I say to them that is an out and out no without them saying they will come back another time and adding more fees onto the amount? Is there some act or something that's specifically for that?

 

 

They cannot touch the car if it is on Finance, but they may try to do a levy on it, this can be overturned by doing a Stat Dec stating it is on finance anyway, if they do.

 

Good to know, I doubt they'd want it anyway, it's all bashed up due to people being unable to use a roundabout. :rolleyes:

 

 

We are in 2010 people are and will continue to struggle. Bailiffs should be shot as all they are doing is making more misery, more debt, just for some commission. You are not the first to struggle and I guarantee not the last.

 

It's just an awful situation to be in, you hear all these scare tactics they use and I don't want to deal with that. We've never bought anything on finance, (till the car), only ever saved for things and paid outright, paid everything on time. This is all new territory for me and even though it might not seem like much to other people, I'm well out of my depth here. I can't imagine having to deal with this day in and out like I know some people do

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If you pay what you owe online, there can be no debt can there?

 

If you owe the council £100 and you then pay that online, the debt has gone.

 

The bailiffs can only charge iirc £24.50 and £18 ish for the first and second visit. If they do a levy they can charge more I think, but like I said I am not too sure on the exact amounts.

 

Pay the council off, then technically you still owe the 'legal' charges to the bailiff, which would be about £42.50 and you won't owe any 'illegal' charges they have added.

 

When you have proof of the payments, if Jacob's come round, show them the receipt and ask them to check with the council. If you want to pay them the £42.50 then, then do so. I am not sure if you have to pay them the £42.50 or if the council would pay it, but if you do not owe the council tax debt any longer how can they enforce the £42.50 they will have no valid order so to speak as the order would be for £100 which you have already paid.

 

But until it's paid off, do not even speak to Jacob's. Do as previously advised.

 

The original debt was £60, I assume I incurred £30 court costs so the rest is added on my Jacobs. Do I pay the council just the £60 or the court fees as well? I'm hoping I can pay it tomorrow but we have £1200 going out today and only slightly more than that coming in which means we're going to be very tight for money this week as it is.

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If they push to come in the house, what can I say to them that is an out and out no without them saying they will come back another time and adding more fees onto the amount? Is there some act or something that's specifically for that?

 

They have to obtain peaceful entry into your house to enforce any action. Pushing past you is not what I would class as peaceful. If it were myself then I would use reasonable force to throw them back out. Even if they come with a rozzer, do not let them in.

 

The Police may say he is entitled to enter your house, and that it is a civil matter, but they do not have the power to break in or enter your house. Only if you let them in, do they then potentially have the chance to break in by law.

 

Let them add all the fees they want to, by law you only have to pay for what has already been stated, approx £42.50 unless they do a levy. When they do a levy they can then add more costs, until they do a levy no other charge is a legal one.

 

Pay the £100 or whatever the figure is asap then you sre reducing the risk of any action. If you can pay it in full, the debt has gone.

 

There is nothing to stop you ringing the council and asking how much the liability order was for, this will give you a total. Once you have paid that total, the debt has gone, and then you can tell Jacob;'s to go forth and multipy if they knock on your door again.

 

Good to know, I doubt they'd want it anyway, it's all bashed up due to people being unable to use a roundabout. :rolleyes:

 

Bailiffs rely on people's ignorance of their rights. If they think levying on a car that is smashed up and worthless will make you pay them, they will try it. You and I know that the car is not worth taking, but the threat of taking it, would make some people pay up on the spot.

 

 

It's just an awful situation to be in, you hear all these scare tactics they use and I don't want to deal with that. We've never bought anything on finance, (till the car), only ever saved for things and paid outright, paid everything on time. This is all new territory for me and even though it might not seem like much to other people, I'm well out of my depth here. I can't imagine having to deal with this day in and out like I know some people do

 

Do as above and you will be fine and stop worrying, they are just glorified bullies, but not at all glorious. When they go shopping every week, they buy gallons of Horlicks.

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Someone told me today that I have to let them in otherwise they can't do a levy of goods and they can't set up a payment plan without that. Is that incorrect?

 

To right its incorrect there is nothing in legislation says you have to let a bailiff into your home to levy goods before they set up a payment plan th

 

 

I've never had to deal with them before and having heard all the things about once they've been in your property once they can just force entry,

 

this is true but as said they have to get in to your home first to levy goods then you have to fail to pay then they add a van fee then they need to letter you telling you when they are re-entering to remove

 

 

etc, etc I'm really concerned for the safety of my child and really don't want her unsettled with people banging on the door.

 

they will come back a few times more to try to get a levy he will soon move on to someone else once he knows this is not going to happen (because you now know that you do not legally have to let him into your home and there is nothing in legislation saying he has to levy goods to make a payment agreement)

 

The car is in my name but actually belongs to my partner who has a HP agreement with Welcome, (if anyone has any advice on our situation with them at the minute I have a thread in their section) so would they still be able to do anything with that?

he cant levy the car as its on HP I would send both the council and Jacobs a copy of the agreement(by recorded delivery) and put them both on notice that the car is exempt from seizure as its on hp

 

 

We've never had any of these issues before, everything has always been paid on time and never had any debt till this and the car issue with WF. :(

 

 

Try and pay the council rather than Jacobs you will have bailiff fees £42.50 in total

keep them out of your house don't leave anything in your garden that can be levied (garden furniture,lawn mower etc if you have a garage,garden shed,greenhouse keep them locked keep you door locked at all times don't open the door to them

 

stick to that and don't let them levy and you will be OK

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