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Another Bristow and Suitor problem


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Hello

I have been told about this wonderful site and as I have a problem that is making me ill I thought I would write for advice.

I have a Council Tax debt for my old address and stupidly let the bristow and Sutor bailiffs in. I didnt know what to do, quite frankly I was terrified. I am a widow and am desperately hard up as my late husbands small pension means I cant get any benefits which would be more benficial for me.

However the bailiff levied on my posessions and ordered me to pay £115 per month, which I stuck to for a while.

They wouldnt accept anything lower than that ammount even though I asked

Then when my father died I had a council transfer and downsized and moved to my new address.

Alot of my possesions on the bailiffs list had to be disposed of because I couldnt take them and my children did the move whilst I nursed my father.

I telephoned the bailiffs and informed them of my new address but it is becoming very hard for me to keep up payments of my new Council Tax bill because the Bailiffs demand is so high and I am in arrears again and about to go to court.

 

My questions are

 

1. Can the bailiff come into my new address and take my possesions even though it was my last address that I had the agreement on?

2. Can I request lower monthly payments and how?

3. Will I get into trouble because the possessions the bailiff levied on have been disposed of?

 

I am desperately worried, I cant grieve properly for my father and am terrified that I will get into more trouble.

Please help

Many thanks for listening

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The answers to your questions are yes, yes & yes though with differing amounts of difficulty.

 

Did you know the Council had a Liability Order against you? Do you know how much it is for and how much is still outstanding? Have the Bailiffs given you a list of their charges? Is it possible you can tell us what items they levied on? May I ask how long ago you lost your father?

 

PT

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1. Can the bailiff come into my new address and take my possesions even though it was my last address that I had the agreement on?

 

If the Liability order is served on your old address and the bailiff has turned up at your new address then No. Ask the council what address the LO was served and the address the APPLICATION for the LO was served.

 

Section 34(2) of the The Council Tax (Administration and Enforcement) Regulations 1992 http://www.legislation.gov.uk/uksi/1992/613/regulation/34/made says:

 

(2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding

 

The law decides whether a summons was properly effected - Section 7 of the Interpretation Act 1978 http://www.opsi.gov.uk/revisedstatutes/acts/ukpga/1978/cukpga_19780030_en_1#pb2-l1g7 says:

 

 

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

 

 

2. Can I request lower monthly payments and how?

 

If you dont have the money, the council has no choice.

 

3. Will I get into trouble because the possessions the bailiff levied on have been disposed of?

 

Probably not.

Professional property investor and conveyancer

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