Council bailiffs

[benny1]

Hi Guys, I have another question for you. It doesnt concern me advice for someone.

Now she signed a walking pocession order on the doorstep for one item. (unpaid council tax) She checked and forgot to metion the item was on hp. well she rang bailiff office to be told that they would wipe that off. Well she then gets notification that the bailiff has put on order other items now some of these items she doesnt own, but on her paperwork it states just the one item. Any advice on what to do?

 

I said I would ask you guys as she doesnt even own a computer to come on herself.

Also, a certain council (not mine) has committed someone to prison for non payment of council tax they started their sentence yesturday 42 days!

[jimbo45]

Hi all

I don't think the purpose of this thread was to NOT PAY your due council tax but to complain about the opressive and inappropriate methods of Collection.

 

If someone IS SENT TO Prison for not paying then --even though this is probably against the spirit of the CAG Forums it probably was well deserved.

 

Prison is actually THE LAST STAGE and even if you can only afford 5 GBP a month nobody will send you to jail for ATTEMPTING TO PAY.

 

I would suspect that if someone DOES get jailed for Council Tax non patment then they probably deserved it since there are so many stages of help before it gets that far.

 

Sorry to be devils advocate here --I HATE bailiff's, DCA's CRA's etc etc -- but if one has been totally feckless in avoiding paying what is due then the punishment is deserved.

 

Remember there are ZILLIONS of avenues to get help with Council Tax and even a small offer to pay will avoid jail time.

 

That's how it is --don't want to seem callous but one really has to have been "Drinking in the Last Chance Saloon" if Prison is the result.

 

Cheers

jimbo

[benny1]

It isnt me lol! I just heard about the prison thing through the grape vine. So I dont know what the circumstances were. So cant comment.

Just thought people would like to know.

[hallowitch]

Hi Guys, I have another question for you. It doesn't concern me advice for someone.

Now she signed a walking procession order on the doorstep for one item. (unpaid council tax) She checked and forgot to metion the item was on hp. well she rang bailiff office to be told that they would wipe that off. Well she then gets notification that the bailiff has put on order other items now some of these items she doesn't own, but on her paperwork it states just the one item. Any advice on what to do?

 

I said I would ask you guys as she doesn't even own a computer to come on herself.

Also, a certain council (not mine) has committed someone to prison for non payment of council tax they started their sentence yesterday 42 days!

 

she will need to go down the letter writing route

 

the bailiff cant add things to the notice of seizure her copy and his must be exactly the same is the notification from the bailiff that he has added to notice of seizure in writing

 

she should send for a breakdown of charges

[benny1]

On the notice of seizure there only needs to be one signature his. So what does she do now. If he puts one through her door with items that he has added on where does that leave her? She only signed for 1 item. From what I can make out if he scrubbed off her item on original form then added on that form thats fine, she still has the origninal as proof. What happens if he makes out a complete new form? From what has gone on he has said he has added on original form?

 

Thank you I do hope that makes sense lol.

[hallowitch]

he cant do that he would have to gain peaceful entry to list more items

 

can you find out how much she owes the council (amount of liability order confirmed by the council)

the name of the bailiff company

the name of the bailiff (to check to see if he is certificated)

it would be useful if you could post up all paperwork she has received from the bailiff

[benny1]

I will ask her, but from what I gather from her (inbetween trying to sort mine lol) she has been in contact with the bailiff company and they have given her a list of items that were added and confirmed that the original item has been deleted?

In house council one. (will have to ask what council) cant see if he is certified I have done check myself and nothing comes up under his name.

Liabilty order £1,200.

He did not gain entry at any time. She has told me that it was done outside house, as I have warned about letting people in even if they say they are from an energy company.

All she has she has told me is notice of seizure and walking pocession paperwork.

 

Does this help.

[hallowitch]

her bailiffs p****** in the wind if he thinks he can get away putting one item on a notice of seizure of goods for a debt of over 1k he cant change his copy he must go into her house to levy goods this cant be done on the doorstep

 

her copy of the notice of seizure stands her in favour for a formal complaint to the council

 

he must be certificated regardless of whether he is an in house bailiff employed by council ask her to phone the council to confirm where he was certificated

 

is she a single parent

does she work

[benny1]

I thought that to. Even if he makes out a new copy with item missing as said he just needs his signiture on that paper but that would not explain why 1 item had been put on then just disappeared so to speak. Also his mistake being some of the items listed and makes of items she doesnt even have.

I have told her to get a solicitor and give them everything she has. She has agreed a payment plan and is going to pay, so thats not an issue. She doesnt want it hanging over her head that they may break in etc., Also she is worried that if she makes a fuss they will cancel her payment plan and break into her house which I said they cant do as payment plan is in place and she hasnt defaulted in fact its not due to start until middle of next month.So she has time to sort her money out etc.,

What I have said is if he calls take the paperwork but dont sign anything. and if he puts it through door get it. Then get onto solicitor and say you have had 2 different notices through one which you signed one you did not sign for. Then send copies of the confirmation she has stating that the item has been removed from paperwork (it was item no 1) but these items are listed etc., So the next item would be item no 2 etc., etc.,

 

That is proof then I think correct me if I am wrong that paperwork has been tampered with?

[benny1]

Forgot to add

No she isnt single parent, but she is on long term sick and on incapacity benefit. But has 1 adult living with her but debt in her name only. so are just over the threshold for help from what I can gather (never really pryed into her money situation)

[jimbo45]

Hi there

Most bigger cities have a Free Legal advice centre --I suggest she tries that route.

 

Some Bailiff's can probably remember what was in the house even if they only gave her a form with ONE ITEM added on so they can modify their one afterwards.

Whether a Court will believe YOU or the COUNCIL BALIFF is a moot point since Courts usually don't believe that people who act for the Council do so irresponsibly --We all know how honest Council Bailiff's who work for such EVIL AND DISGUSTING FIRMS like ROSSENDALES AND EQUITA are don't we !!!.

 

PLEASE ANYBODY READING THIS THREAD --NEVER EVER EVER EVER LET THE BAILIFF'S IN FOR UNPAID COUNCIL TAX --THEY HAVE ZERO RIGHT OF FORCED ENTRY AND YOU REMAIN IN CONTROL.

 

Once you've let them in then you have opened the floodgates to all sorts of nasties including HORRENDOUS CHARGES.

 

I know in this case it's too late but that still doesn't stop you from making a complaint if the Bailiff is acting fraudently by adding extra items on the seizure list.

 

Cheers

jimbo

[benny1]

Hi Jimbo. thing is they never went in the house! The items they have listed she doesnt own.

She will be contacting someone today. They work for council internal bailiffs.

 

I will keep everyone informed.

[jimbo45]

Hi there

Unless a levy was made on an item OUTSIDE the property such as a Car how in the world can a Bailiff get a Walking Possession Order if they haven't been inside. Just looking through a Window isn't good enough either.

 

Seems that there is a lot of BOWLOCKS going on here --but Hey they are Bailiff's --the Law doesn't apply to them --right. Shows how ordinary people get clobbered every which way.

 

I'd HAMMER this STINKING LOT using every possible avenue for complaints.

 

Incidentally since they are Council INTERNAL BAILIFF's (didn't actually know Council's had Internal Bailiff's --great to see our hard earned Council Tax being used on such "essential services") a serious complaint to Local Govt Ombudsman might be in order !!.

 

Unlike a lot of toothless regulatory bodies the Local Govt Ombudsman DOES have power and Councils don't like it - since the dispute is published and the Council has to describe CLEARLY what actions it is taking to make sure this doesn't happen again.

 

Cheers

jimbo

[benny1]

Especially as she only has the copy with the one item on to.

 

Well lets see what happens. I do know she is contacting someone today and she said she will let me know in due course.

[seanamarts]

Your friend is classed s vulnerable according to the National standards of enforcement agents, she need to contact the council asap and inform then of that, and ask that the debt be passed back to them.

[benny1]

She has done that but they keep saying that their inhouse bailiffs are dealing with it now.

[benny1]

Update on my situation: The bailiff cam back this morning saying that I have other council tax arrears and that they have lumped them all together and gone over my income and expenditure form and have assessed that I can only pay £80 a month. Which is what they would accept. I have no intention of paying £80 a month and will be paying more. I thought there was more as I have been in loggerheads with the council trying to sort them out because everytime I paid council tax it was taken off the arrears then that would put me more in arrears with what year it was. It all stems from when i first got ill. I have checked all my paperwork I never throw anything out and they are correct. I did offer to pay the council £100 and the current years council tax, but they refused saying the amount owed was to high. But the Bailiffs have now agreed a lower amount. Strange.

The bailiff said I would be getting a letter confirming everything and that as long as payments were made then not further action would be taken.

He did not enter property neither did I sign anyother paperwork.

 

Even though it is through the Bailiffs I do feel that a weight has been lifted off my mind and I can get back to some normality also it is an amount I can afford. It was not my intention not to pay any arrears just an amount I could afford. Which has now been done.

 

Any thoughts on this?

[benny1]

Forgot to mention havent heard from my friend yet. Will let you know when I do.