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I did not pay my council tax for the year 2010-2011 to Stockport MBC (£1,105.97) and have just recieved a final notice demand from Dukes Bailiffs Limited for £1612.36.

 

I wrote out the generic letter from the sticky in this forum saying I would repay over 24 months which is possible now I am working and solvent again. I stated the figures on the higher amount so each payment is about £67.18. I have no cheque book and wrote I would pay from the 16th of this month (15th is my payday).

 

The form looks pretty generic, and reading it, the balance of £1612.36 then has (After the legal process of levying distress). I presume that this levying of distress is not actually applicable if I do not let them into the house? I asked them to explain their fees as per the standard letter. Is this the correct thing to do?

 

My other questions are:

1. I have a car on finance. I have parked it about 20 minutes away from the house. If I want to park this on my drive way, what can I do? Do I have to prove it is under finance?

2. Can they 'see' goods through a window? ie say they see stuff or do I keep the curtains closed?

3. Once things are sorted one way or an other, when can I start not worrying about these turning up?

4. Can they come late at night/ weekends? I read and see this is unlikely but still possible.

 

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If they don't enter they can't levy distress and then they can only charge for the first 2 visits? so £24.50 and £18.00? So should I change that in my letter to them? £1,148.47 sounds a lot lot better than £1,612.63!!!

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I did not pay my council tax for the year 2010-2011 to Stockport MBC (£1,105.97) and have just recieved a final notice demand from Dukes Bailiffs Limited for £1612.36.

 

Have you checked with the Council for the amount quoted on the Liability Order - if not do so ASAP, do not believe any figures from the Bailiff.

 

I wrote out the generic letter from the sticky in this forum saying I would repay over 24 months which is possible now I am working and solvent again. I stated the figures on the higher amount so each payment is about £67.18. I have no cheque book and wrote I would pay from the 16th of this month (15th is my payday).

Who have you written to - if the Council they will say deal with bailiffs, if the bailiff he will say not enough.

 

The form looks pretty generic, and reading it, the balance of £1612.36 then has (After the legal process of levying distress). I presume that this levying of distress is not actually applicable if I do not let them into the house? I asked them to explain their fees as per the standard letter. Is this the correct thing to do?

 

You must send off for a Breakdown of their charges. From what you say they are charging approx £500 - if they have not been in your home or otherwise levied/seized any goods outside the most they can charge is 1st Visit £24-50, 2nd Visit £18-00. have they left any paperwork?

 

My other questions are:

1. I have a car on finance. I have parked it about 20 minutes away from the house. If I want to park this on my drive way, what can I do? depends on how much is left owing. Do I have to prove it is under finance? Yes

2. Can they 'see' goods through a window? ie say they see stuff or do I keep the curtains closed? To levy they must gain peaceful entry

3. Once things are sorted one way or an other, when can I start not worrying about these turning up? Not for a while yet

4. Can they come late at night/ weekends? I read and see this is unlikely but still possible. usually they can come 6am - 9pm Mon - Sat. You get Sundays off.

Thanks

 

PT

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Thanks PT.

 

The liability is for £1,105.97. This is from the council. Do I need to send a letter asking for a breakdown of their (Dukes that is) costs before I send anything explaining my payment schedule?

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"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

The above is an example of what you could send them, use and adapt as you see fit. Send it to the bailffs by email and post, Signed For.

 

Please remember there is NO law that says you have to speak with, deal with or pay a Bailiff. Each time he comes deny him entry no matter what he says. The Bailiff will threaten and cajole but at the end of the day he is full of wind and p**s. You may make payments direct to the Council using their website or automated phone - these payments have to be accepted by the Council. Eventually the bailiff will get fed up and hand your account back to the Council anyway.

 

PT

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That's great PT. Just what I wanted to read. Will I have to pay the £24.50 and £18 for the first two visits though?

 

Once I start paying the council, how long before the bailiff gives up? If I were to move heaven and earth and pay it in say 3 months, would that be it finished with? Or if the council is getting paid would they call off the bailiffs?

 

Anyway, I'm off to write this letter and then send it recorded post tomorrow morning. Many thanks. I'll update as soon as I get anywhere. I will be able to start paying this off from the 15th. I hope to pay it off very speedily now.

 

Thanks for your advice.

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That's great PT. Just what I wanted to read. Will I have to pay the £24.50 and £18 for the first two visits though? Only if they have actually visited. Councils are obliged to pay the bailiffs fees first (although not all do) so you may have to budget extra for them. However once all paid and only Bailiffs fees remaining they cannot enforce for them alone but must go down the Smalls Claim route - but then they have to declare that all fees charged are lawful!!

 

Once I start paying the council, how long before the bailiff gives up? How long is a piece of string - no hard and fast rule - could be weeks or could be months, depends on the agreement with your Council. If I were to move heaven and earth and pay it in say 3 months, would that be it finished with? It should be Or if the council is getting paid would they call off the bailiffs? Probably not

 

Anyway, I'm off to write this letter and then send it recorded post tomorrow morning. Many thanks. I'll update as soon as I get anywhere. I will be able to start paying this off from the 15th. I hope to pay it off very speedily now.

 

Thanks for your advice.

 

PT

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1. I have a car on finance. I have parked it about 20 minutes away from the house. If I want to park this on my drive way, what can I do? Do I have to prove it is under finance?

2. Can they 'see' goods through a window? ie say they see stuff or do I keep the curtains closed?

3. Once things are sorted one way or an other, when can I start not worrying about these turning up?

4. Can they come late at night/ weekends? I read and see this is unlikely but still possible.

 

1. It is not enough for a bailiff to list items that they have seen through a window . More: Link removed

 

2. You dont need to close your curtains, just make your house secure.

 

3. Yes.

 

4. Legally its 6am -9pm Mon Sat - but considered unreasonable to call when occupants are likelly to be asleep.

Edited by IdaInFife
link removed

Professional property investor and conveyancer

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Thanks for your answers. I sent the letter and email. I think I can possibly pay it off in 2 months if I get my backside in gear. My wife and baby are moving in (from another part of the country) within 2 months. I do not want them to deal with this.

 

The good news is that I work from about 6am and most of the time don't come back before 9 after visiting friends, and weekends are spent at my parents who are not listed anywhere by myself to anyone, so all in all, I don't think I will see a bailiff ever. Having said that, the car is still a mile or so down the road in a nice safe area, so am reasonably relaxed after the initial panic.

 

This site has been an absolute godsend. I will keep this thread updated and hope it helps others as it has helped me.

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  • 2 weeks later...

Nothing back in writing yet. Just had a phone call from a 0161 number. I said hello a few times but they did not hear me. My first thought is that it was the bailiff checking to see if I am home. I have never revealed my phone number to them. Is this a possibility?

 

Also, if I hear nothing back from them by Friday, I intend to start paying back the due amount direct to the council. What is the process for this? A letter to the council and copy to the bailiffs, preferably with a receipt confirmation? Also mentioning that the bailiff refused to respond to my letter?

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1. It is not enough for a bailiff to list items that they have seen through a window . More: Link removed

 

 

The removed link pointed to the UK Insolvency Helpline website, an official government advisory. Why was it removed?

Professional property investor and conveyancer

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The removed link pointed to the UK Insolvency Helpline website, an official government advisory. Why was it removed?

 

As the link itself contains commercial links.

Please contact a member of the site team if you are offered help off the forum for a a paid or no win no fee service.

 

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Here is the link: link removed

What commercial about the Insolvency Helpline?

 

There are numerous links to BAILII on these forums which is a commercial entity as is Experian Ltd and ACEA but not subject to censorship.

 

Not intending to turn this tread into a flame war but there is an irregularity in whats is a commercial site and what's not.

Edited by fork-it

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It's because you basically put in your details and a firm will contact you for IVA's and DMP's which will incur fees etc.

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Ah got you now.

 

I genuinely thought the Insolvency Helpline was an official advisory service.

 

Anyway, what is wrong with the Insolvency Helpline? have they been discredited in some way to cause them to be banned from having their website address posted on this forum?

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It does make you think that way and it gives out the standard advise the same as debtline etc but then you reaslise you out in your details and a 'professional' gets in touch.

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This was not this case when admin set up the feeds and are acutally under review as we speak.

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  • 4 weeks later...

Just a quick question. I finally got a letter back from Dukes asking for £1,148.47 for 16/07/2010 Debt of £1,105.97 and a first and second visit of £24.50 and £18.00 respectively. Also, a debt of £256.89 to the council. So in total that is £1405.36

 

Now I have wrote to the council to confirm what I owe. I don't even know what the £256.89 is. I have just done my figures and could realistically pay back £115 a month to get it paid off within a year. Once I get a reply from the council, I will fire off a reply as per the sticky on the council tax bailiff's page and copy it to the council. Does this sound ok?

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Sounds as if you may have more than 1 Liability Order. If you are going to pay, I would do it via the Council website and cut the bailiff out. Is the sum you have in mind a comfortable payment for you - whatever you do do not overstretch yourself as there will be more CT to pay again starting in April next year.

 

PT

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Thanks PT. This is perhaps a little too much. I will be calculating this and working out the amount I can afford and pay directly to the council.

 

What do I need to do in informing the bailiffs and council? I'll check the stickies.

 

What can I expect from the Bailiffs? Will they just resignedly shrug it off as someone who knew the system and not chase things up? What will the council say? Not much and just take the payments? I guess this varies from case to case, but any ideas?

 

So far, there has been no sign of the bailiff at the door, though I am rarely here.

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Thanks PT. This is perhaps a little too much. I will be calculating this and working out the amount I can afford and pay directly to the council. However you do it work out a sum that is affordable to you without leaving you skint or overstretched, you can pay direct to the Council but you may have to factor in some Bailiff charges as well. You pay what you can afford regularly on a regular basis ie £10 every Thursday.

What do I need to do in informing the bailiffs and council? I'll check the stickies. I'd say stuff the Bailiff but let the Council know in writing.

 

What can I expect from the Bailiffs? Will they just resignedly shrug it off as someone who knew the system and not chase things up?

The chances are the Bailiff will get the hump and threaten you with all sorts, you could always wind them up and ask if he has a tickling stick as that is what does it for you. Eventually he will give up but it won't happen overnight.

What will the council say? Not much and just take the payments? They will trot out the old "deal with Mr Numpty line" whilst accepting your hard earned. I guess this varies from case to case, but any ideas?

 

So far, there has been no sign of the bailiff at the door, though I am rarely here.

 

PT

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Many thanks PT. I will write my letter and post it off tomorrow. Now to navigate the council payment website.

 

As for the bailiffs, are you sure it is not worthwhile telling them that the council has started to take payments from me? They may huff and puff, but once they get the drift, wouldn't they give up and just pass it back to the council as a lost cause?

 

I can understand however that the less I deal with them, the worse the end of the stick they get.

 

OK... now for the hard bit, paying it back!

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As for the bailiffs, are you sure it is not worthwhile telling them that the council has started to take payments from me? That's the whole point of this the Council have to accept payments this way, they cannot refuse. If you were to ring them and ask if they will take it back they will say no. In my view I would just totally ignore Mr Numpty and his pals, they'll soon work it out - it'll probably do them good to think for a change. They may huff and puff, but once they get the drift, wouldn't they give up and just pass it back to the council as a lost cause? Eventually

I can understand however that the less I deal with them, the worse the end of the stick they get.

 

OK... now for the hard bit, paying it back!

 

PT

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