Bailiff on the doorstep HELP!!!

[Jakyblue]

Hi All,

 

Missed a monthly instalment on Council Tax so of course they demanded all outstanding for the remainder of year a total o £305, subsequently passed on to Jacobs bailiffs. Entered it to agreement to pay £116 x 3 = £348. £43 pound was explains as there fee. Made first payment unfortunately next payment was rejected for lack of funds (my fault). Got letter stating this and Jacobs wanted the remaining £232 in full in the next 4 days (couldn’t pay this). I got the £232 bout 2 weeks later, call bailiff to pay, he said didn’t have details would phone back he didn’t. Day later he is on my door issuing me a 48 hours removal of goods notice and I now owe £399!! Refused him entry, Printed off zoomans letter and gave to bailiff, he read then skulked off blurting he can charge me what he likes. I called council who didn’t want much to do with it; I paid to them the £232 which they said they couldn’t refuse. My question is where does this leave me in regards Jacobs and there cost?

[letsdothis]

where does this leave me in regards Jacobs and there cost?

Technically you owe them £42.50 iirc - Although they are now powerless to collect it or threaten you, as you have paid your liability off in full. The only option for Jacobs is to take you to court for it, if they wish to pursue it legally. As long as the original liability order has now been paid in full, as in you owed the council £400 and you have paid the council £400 (do not count any bailiff charges for this) I would tell them to foxtrot oscar.

[Guest Cartaphilus]

Missed a monthly instalment on Council Tax so of course they demanded all outstanding for the remainder of year a total o £305, subsequently passed on to Jacobs bailiffs

 

Just a silly question, really but has the council actually taken you to court to get bailifs involved? I don't see any court action mentioned anywhere (in this thread, not looked at your other 2 posts as I've just seen the thread) but that you've had a bailifs visit. Also, which year are we talking about, this year or last?

[Guest Cartaphilus]

I think this answers some of my question here, I see someone gave you some advice:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?58550-Council-Tax-and-Bailiffs.&p=3118464&highlight=#post3118464

 

I was just curious as to my knowledge (I could be totally and utterly wrong) for bailifs to show up then they have to do so on the say so of a court, can a council just 'send them?' is what I am trying to say without such prior action being initiated?

[Jakyblue]

was never asked to attend court i just assumed they had done in our absence

[Guest Cartaphilus]

Will I get advance notice of a bailiff visit and fees?

From 1 April 1998, local authorities must send you a letter giving 14 days notice of a proposed bailiff visit to collect council tax. County court bailiffs must issue a warning notice allowing 7 days for you to pay.

 

Do I have to pay the bailiff's fees?

The fees that bailiffs can charge for recovering money vary. There are fixed fees for bailiffs collecting council tax; for example, from 1 April 1998 fees for the first visit by a bailiff are £20 and £15 for a second visit, where no levy or seizure is made. All bailiff fees (with the exception of magistrates' court bailiffs) can be looked at by the county court to see if they are reasonable or excessive. This is known as 'detailed assessment'. If you think that the bailiff's fees are excessive you should get further advice about this.

Source: Insolvency Service section on Council Tax/Balifs

[Guest Cartaphilus]

Some more:

 

Remember you do not have to let a bailiff into your house or flat. If you make sure that all doors and windows are locked, the bailiff will not be able to gain access to your home. If they cannot get in, they cannot lawfully seize goods. A bailiff may call a number of times to try and gain entry. Eventually they will return the warrant to the court or local authority if they are unable to gain entry, or you do not have enough goods to pay off the debt and fees. Secondly, get the matter out of the hands of the bailiff and back to the county court, local authority or creditor. The next paragraph tells you how to do this.

If the debt is an unpaid county court judgment you can apply to the court to stop (''suspend'') the warrant and vary the instalments you were ordered to pay by the court. You can apply to do this on form N245, available from the court. The form asks for details of your income and outgoings with a few personal details such as whether you work. You will have to pay a fee at the court (currently £30), unless you are getting income support, income-based jobseeker's allowance or tax credits*. You may have to show proof that you are receiving these benefits.

(*You must have a gross annual income of £14213 or less and receive both working tax credit AND child tax credit, or working tax credit with a 'disability element' or a 'severe disability element'. Your tax credit award notice will contain this information)

The fee can also be waived if you are on a low income and payment of the fee would involve undue financial hardship. Applications for a fee reduction or waiver are dealt with entirely on an individual basis according to circumstance and there are no precise guidelines about when a fee should or should not be reduced or waived. In either case you must complete Form Ex160 and send or take it to the court with the N245.

Some county courts may refuse to suspend a warrant of execution until a walking possession agreement has been signed. This goes against guidance issued by the Lord Chancellors Department and if it happens to you seek further advice.

If bailiffs are collecting unpaid council tax it is often difficult to negotiate instalment payments with the bailiff or the local authority until the warrant is returned or withdrawn from the bailiff. However, you should try to negotiate instalment payments with the local authority and encourage them to withdraw the warrant from the bailiff. It is important to make clear that although you are unwilling to let the bailiff in, you are willing to make instalment payments at a rate that you can afford.

If you need help filling in forms or negotiating with creditors or bailiffs, see the 'further help' section below.

So, are we talking about one missed instalment from the present financial year or last year?

 

TBH, I think you'd fair better going to talk to someone in person, instead of phoning your local council, the person you spoke to may not even be trained in such matters and you will almost always meet with some 'obstruction'. Merely being honest but you are wasting your time, money phoning. You are perfectly entitled to do this, make an appointment to see someone more superior, as you have no idea the grade/status of the person you spoke with ie lack of knowledge.

 

As to the 'he can do what he likes' stuff ... Oh, no he can't and the obvious intention there was to ... sounds like he was harassing you and also making it public knowledge in that street to anyone listening you had a bailif on your doorstep, in other words causing you more embarassment and distress because you send them away.

 

I suppose if chose to you could report them for the shouting and saying that to you. Mind you, I know of a local council that ... well, their bailifs have been known to shout/yell at people in the shopping centre for no apparent reason ... saying they are 'going to get you' ... I did take this up with the council concerned at the time and was told that whilst they knew about such things, they continued to use that company. Means to an end in other words. Doesn't make it right, though.

 

Edited - Seems someone is giving you more appropriate advice on the other thread here http://www.consumeractiongroup.co.uk/forum/showthread.php?58550-Council-Tax-and-Bailiffs.&p=3118603#post3118603

 

you initially post on, only it gets a bit confusing trying to follow a scenario in several different threads, thus can end up giving the wrong advice.

Edited September 8, 2010 by Cartaphilus

[Jakyblue]

My car was on the drive when they arrived, they cant take it can they?

[cerberusalert]

Moved to the Bailiffs Forum

[seanamarts]

My car was on the drive when they arrived, they cant take it can they?

They can levy on it, but not for their fees. Some councils will take out the fees owed to bailiffs from what you have paid, then they will state that you owe the council an outstanding amount. If your council has not done this then the bailiff will have to take you to a small claims court to get his fees.

[Jakyblue]

Well that has relaxed me some what. Thank you all for all of the advice and input. I feel like i eventually stood up to the school bully. In the interruim i have contacted my local counciller who has said she was horrified of the charges and in what manner they were attempted to be collected. She is on the case today. I will update when i hear some news. Thanks all again!

[seanamarts]

keep us posted.. its good you have involved your councillor