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Hi,

 

We have had letters from the bailiffs over the last few weeks requesting payment of our council tax bill which is 850 roughly, although they are requesting 922 for thier charges also. We have tried and tried to make payment arrangements with them of what we can afford but they refuse to accept any. They said to us on Monday this week that we must pay them a min of 580 and can then make payment plan for the rest or they will come and collect our stuff on Thursday (2moro). This is a ridiculous amount for us to afford. My partner works for minimum wage and i myself have been signed off work by the dr so get just 80 per wk. We can not afford to pay anywhere near the amount they want.

We spoke to the council to try and get them to take the account back but they have said unless it is a mistake on thier part they wont take it back and it is between us and the bailiff Equita only.

I am now getting really scared because i dont know what else to do, if they wont accept our payment how do we get rid of them?? I am 5 1/2 months pregnant and am really scared of the stress this is all going to cause as well them gaining entry into my home and taking the babies things. Please help me!!

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Under the National standards of enforcement agents you are classed as vulnerable because you are pregnant, which means the debt has to be passed back to the council. You need to inform the council this.

this will help. http://www.dca.gov.uk/enforcement/agents02.htm

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Have they already been to your home and got a walk in possession agreement (IE actually been inside your house) ?

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No they have not been inside the house. We spoke to them on Tues and he said he will be here on Weds to collect our belongings. He never came. We then recieved a hand delivered notice today to state he had been to collect our stuff and we ignored him (although he never even knocked the door not that i would have let him in!) and that we have 24 hours to pay the amount in full or he will be back tommorrow to remove our possessions "even in your absence".

(prev post had wrong days on there)

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has he even done a levy.. if not then there is nothing he can take.

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I have called the council who have asked me to send them an email explaining my circumstances regarding pregnancy and vulnerable persons etc. The guy on the phone was quite helpful but he did say that there is only a 50/50 chance they will accept the account back.

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Unless he can do a levy without entering the property ? then no i dont believe he has.

We do have a car but we park in a communal car park so he couldnt even know which one is ours. Plus it technically doesnt belong to us as is under finance in mother in laws name.

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He if i am correct is talking poo and using bully boy tactics to try to scare you into paying. He cannot come into your house to take anything without the necessary walk in possession paperwork and even if he had it could only enter by peaceful means, IE open door window etc. IF they come tomorrow make sure all your doors and windows are locked, don't answer the door to them. Contact the council concerned and ask to speak to council tax enforcement department and tell them what has been happening and explain the offers you have made, they may recall the debt from them. I wouldn't get into a tizz about them saying things like even in your absence they will take your stuff, they can't simple as that. One thing that is important though is that if you have a car make sure it's parked nowhere near your house.

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Could they still take the car even though it isnt ours? Our names arent even associated with the car apart from my partners car isnurance?

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If the car is not registered to you then no they cannot. Best thing is just park away from your house.

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I have called the council who have asked me to send them an email explaining my circumstances regarding pregnancy and vulnerable persons etc. The guy on the phone was quite helpful but he did say that there is only a 50/50 chance they will accept the account back.
Tell him in the email that you can get proof from your GP with regards to your pregnancy, ask your GP to write a letter stating your health issues.

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Unless he can do a levy without entering the property ? then no i dont believe he has.

We do have a car but we park in a communal car park so he couldnt even know which one is ours. Plus it technically doesnt belong to us as is under finance in mother in laws name.

He cannot touch it at all .. 1. it is not registered in your name and 2. it is on finance he definately cannot touch it.

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Ok. Feeling a little less scared so far. Thankyou for your advise. I suppose all i can really do now is wait for a reply from the council in hope they accept it back.. and if not....

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If the car is not registered to you then no they cannot. Best thing is just park away from your house.
They will be in trouble if they tried to levy on it.. its quite safe. we can start letters of complaint if he even tries to levy, For him to even try and take it will be a case of theft.

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Ok. Feeling a little less scared so far. Thankyou for your advise. I suppose all i can really do now is wait for a reply from the council in hope they accept it back.. and if not....
and if not then we start writing letters of complaint, getting your councillor involved, your GP and your MP.

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no need to worry you are in a very strong position as you don't have car they can levy (if you have a garden move anything in it that they can levy) and you know not to open the door to them

the bailiff will eventually send this back to the council(approx 3 months) as nulla bona "no goods"

 

if the council refuses to take the debt back and this is for this years council tax you can make on-line payment direct to your council its important you make regular payment to the council

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I keep telling people -- THERE IS NO REASON TO DEAL WITH BALIFF'S EVER FOR COUNCIL TAX.

 

A) NEVER EVER LET THEM INTO YOUR PROPERTY.

B) HIDE ALL VEHICLES

C) PAY THE COUNCIL -- IF THEY REFUSE SO BE IT --you'll win in any court if you've tried to pay.

 

THERE IS ABSOLUTELY NO LAW THAT SAYS YOU HAVE TO DEAL WITH BALIFF'S FOR UNPAID COUNCIL TAX.

 

Eventually the council will have to take back the tax.

 

NEVER EVER PAY THESE **** DIRECTLY ANYTHING.

 

They can charge for up to two visits a fee of 42.50 -- but its unclear in LAW who actually has to cough this up.

 

I'm angling for a case to see if its the COUNCIL who has to pay this -- and if so how much right does the council have to claim it back from YOU.

 

In any case just tell the Bailiff to Foxtrot Oscar or better still just ignore them completely.

 

Cheers

jimbo

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Ok so ill tell you my plan of action so far:

(1) Keep chasing the council about the email i have sent them regarding taking account back as vulnerable person. If they take it back.. pay as normal.

(2) If they don't take it back then ignore bailiffs continuously and make direct payments to the council anyways in the hope they wont refuse the payment and the bill gets slowly cleared regardless... If i do this and council accept the payments we make (which we have offered 40pnd per month to clear in roughly 20 months) would they then get in touch with Equita advising them of reduced amounts? And would equita still chase us for this money for the next few months?

Also does this mean then that if we make payments direct to council for this amount as of today the bailiffs will have no choice but to hand the account back to them in 3 months or so assuming they dont gain access to the property in the mean time?

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sounds like you have got it together good. :)

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