CTAX LO for £142 - help re newlyn final notice letter

[laura25andrew]

I owe 142.86

I know it doesn't seem a lot but I'm a single mum at college on income support!

 

its owed for council tax!

 

I reluctantly agreed to pay 80 a month and to be honest this was stretchin at the best of times which is not often as I only 60 pounds income support every two weeks and 50 a week child tax credit!

 

I was paying this amount until I had a bank charge which took half of the money out off my account one month before it could get paid!

 

I've now had a letter off newlyn stating that it is a final notice and they will be attending my property to seize any motor vehicles or goods!!

 

I really do not know what to do I'm constantly looking out my window at every noise and to be honest I actually hate being in my house while this is hanging over my head!

 

What exactly do they want me to do I'm too scared to call as everytime I ring them they are so rude and couldn't care less I just have enough money to put food in mine and my sons mouth!

 

Please any advice would be appreciated and what do I do if they turn up at the door?

[IdaInFife]

Is this for council tax?

[laura25andrew]

Yes it is I've paid about 150 pouns off so far and the 142.86 is what I have left to pay

 

*pounds

[IdaInFife]

ok- the reguilars will be along soon.

 

Do not let them into the house. Keep doors and windows closed and locked.

 

If you have a car, try and keep it away from the house.

 

Would you be classed under any of these?

 

 

• Those who might be potentially vulnerable include:
  
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    
  • those who have obvious difficulty in understanding, speaking or reading English
    

http://www.dca.gov.uk/enforcement/agents02.htm

[laura25andrew]

Well I'm a single parent and I'm on benefits until I finish college?

[IdaInFife]

ok I have knicked this from Kelcou

 

Dear Sir / Madam,

 

Reference number:

 

I am writing with regard to the above account relating to a Council Tax Liability Order.

 

It would appear from advice I have received that my household circumstances are classed as vulnerable according to the National Standards for Enforcement Agents. The reason for this is due to both my wife and I being unemployed and in receipt of State Benefits. These are

. You will be aware that a household income of State Benefits only will leave very little for debt payment.

 

For your information, we are also in consultation with the Citizens Advice Bureau with regard to a

debt management

Plan. The outstanding Council Tax Arrears obviously feature in this.
 
I enclose proof of our vulnerable status. This is in the form of copies of correspondence relating to our Benefits. [Don’t forget to include them!]
 
As the current situation is having an aggravated and detrimental affect on our health, I am requesting that the case is returned to the initiating Local Authority. Doing so would allow us to address the issue rationally, without fear, whilst putting in place an affordable and sustainable payment plan through an Attachment To Benefits.
 
I also request that, in the interim period, no further visits be made to my home as they impact adversely on us.
 
I would be grateful if you would please confirm safe receipt of this letter.
 
A copy of this letter has also been sent to XXX Council for their information.
 
Yours faithfully.
 
 
Please note: this correspondence is being sent by both electronic and conventional mail.
 
amend to suit and send via email and letter via post

[IdaInFife]

you can amend what is required - justs give you a basis to work on - you can alos make payment direct to the council online

[laura25andrew]

Thanks very much I was actually considering callin the council involved and askin if they would take the debt back but I don't know if they could do that?

[wonkeydonkey]

Ida has given you all the do's and don'ts about not letting any bailiff in.

 

Caggers will need to know a little more so they can give you positive advice.

 

Can you tell us if the £142.86 is what the Council say is outstanding or is it what the bailiff tells you is outstanding?

 

You certainly fall within the vunerable category and there are some very knowledgeable caggers on this site who will be along later to steer you in the right direction to get that fact acknowledged.

 

Do not have any contact with these morons either in person or by telephone unless you can film it or record it on your mobile, if they call at your home just do not open the door to them, they cannot break into your home unless they have been previously invited. If you have in the past signed what is known as a walking possession could you tell us what was on that document and we can look to see if the levy (goods listed) are illegal. You are not obliged to deal with them at all and can make your payments direct to the Council via their payment line.

 

WD

[laura25andrew]

I've never signed any walkin posession order I have not signed anything and I don't actually know how much the actual council tax debt is and how much the debt collectors have put on top? Its just a bit scary as I don't know wether they can break into ure home when u are not in etc?? I might give the council in question a phone call on monday morning and find out how much the outstanding debt is but I know if they do come around they will add more charges on top?

[ploddertom]

Dou you know how much the original Liability Order was for? The only definitive source of this is from the Council - not the Bailiff. Do you know how much you have paid the Bailiff so far? Do you know how many times they have visited you - whether you have been in or not? have they left you any paperwork and if so what?

 

Sorry for all the questions but themore we know the better the help and advice.

 

PT

[wonkeydonkey]

You are not alone in getting this sorted, people here will give you lots of help, They cannot break into your home but will try anything from needing to use the loo to needing a drink of water to take pills for their dickie hearts to get a foot over the doorstep.

Let them wet themselves and if they have a heart attack on the door step leave them there and if you feel so inclined you can phone an ambulance but don't feel guilty if you decide to just turn the telly up and ignore them.

 

Yes you will need to contact the council to establish

 

When the liabilty order was made

How much it was for

What is now outstanding

 

When you get that info peeps will tell you what you have most likely been charged over and above what they can legally charge, it is possible you owe nothing to the Council and the Bailiff actually owes you money.

[laura25andrew]

I don't think they have ever been to my property as I've never had anything through the door I need to get some bank statements to see how much I've actually paid to them I know its around the figure of about 140 pounds maybe a bit more but I'm more than certain that they have never attended the property as nothing has ever been left to say they have?

[hallowitch]

"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"

 

 

 

Send this letter to the bailiff company along with the letter ida posted up send them by recorded delivery

 

to put your mind at rest the bailiff cant break into your house with or without a lock smith he cant get the police to help he cant get you arrested

 

 

believe it or not you are in a Strong position at the moment because the bailiff has not levied on goods so under no circumstances let him get a levy this means you do not answer the door to him and don't leave your car in the street (not even to unpack your shopping ) park it a few streets away and walk home

 

who told you this £142.86 was the outstanding balance when were you told this

 

bailiffs fees are set by legislation and as long as the bailiff does not get a Levy on your goods the most he can charge is £42.50 regardless of how many times he comes to your home

 

on Monday phone the council and ask how much the liability order was for

[ploddertom]

The Council will refer you back to the bailiff as they say they can no longer do anything. This is a lie - they prefer not to help. There is a way round this and that is to pay the Council online a regular amount that you can afford on a regular basis - if it were to go back to Court an Attachment to your benefits would probably be made and you would be being something like £3-25 per week which is a lot less than what you have now.

 

PT

[laura25andrew]

I don't know I just got a letter in the post saying final notice bailiff attending to remove goods worth 142.86 including motor vehicles? It says call mr shaw immediately but to be honest I don't want to as the last time I called one he was so rude and said he doesn't care that I can't afford the outstanding sum its not his problem etc! I'm a quiet person I'm just scared can they send u to prison I know I must sound like a mad woman but I rarely get into debt!

[hallowitch]

:nono:don't bother phoning the bailiff he wont tell you the truth

 

you will defiantly not be sent to jail keep to the program and you will be OK

[wonkeydonkey]

No way will you ever be arrested or sent to prison so please try to stay calm. This will work out for you I can guarantee that and the rest of cag member will give you the same assurances. :-)

[ploddertom]

The intention is to frighten/cajole/intimidate you into making payment. In reality the Bailiff has very little power until the time you allow him entry to your home. The object at present is to prevent that happening and you need to adopt a defensive stance by keeping all doors and windows locked until you can be sure of who is calling.

 

The bailiff when he calls will tell you all or some of the following:

he will have you arrested

he will have your children put in care

he will force entry - he can but only with a sepaprate Court Order which is very rarely given

the Police will be in attendance - they are only there to prevent a Breach of the Peace

In other words believe nothing the bailiff tells you, they should all be called Blyton and their letters should all begin "once upon a time .......". He will do anything to gain entry soif he tells you his granny is ill, he needs the loo or a glass of water for his pills tell him that great old Anglo Saxon saying - second word is off I believe.

 

Knowledge is power - once he realises you know your rights his power diminishes. You should take some time and read some of the other threads on here to find out what tricks they get up to. Your best bet at the moment and he should abide by it is your "vulnerable" status. You need to avoid him tomorrow, they can't call on Sundays - hopefully you'll be armed with all you need and can fire off several emails to Council & Bailiff ready for them to read on Monday morning.

 

Another source well recommended is your local Councillor - he has access to those in the know and can get the Council to take this back from the Bailiffs. Doesn't matter it's the weekend, you can still contact them - details available from your Council website.

 

One of the most important bits to remember is never to ring the Bailiff - they always have selective memory when it comes to details - unless of course you can record the call!

 

PT

[laura25andrew]

Thanks guys I feel so relieved its horrible I keep thinking about it but there's no way I'm letting anyone step foot in my house I don't understand how these people can legally be allowed to intimidate people the way they do its awful!! I'm just such a worrier!!!