Bailiff help please. CTAX

[hedgehog0045]

I defaulted on an arrangement to pay my council tax and owe just over £300 according to my receipts.

 

This morning I had a letter thrown in moy porch from the local bailiffs declaring notice of seizure of goods. Amount owing £390 + costs !!

 

1) How come the amount they are claiming is different from the councils amount?

 

2) If I go to the council and pay the correct outstanding bill then what happens to the bailiffs?

 

They have only called once and he is coming back next wednesday morning to see me.

[ambershadow]

Carry on paying the council what ever they say.

 

Its not against the law NOT to pay the bailiffs, Jut make your payments to council

 

Don't let them in your home

[hedgehog0045]

If I pay the full outstanding council tax balance to the council will that stop them doing a walking possession which is what he is after?

[hedgehog0045]

Just worked out that the difference between what he claims is owed and the council amount is £24.50 which I presume is his normal charge.

[ambershadow]

HE can't do a walkin possesion if you Don't let him in thats what they hope for and that you DON'T know your rights.

 

Don't sign anything no matter what he tell you, why don't you read a couple of threads here that will tell you these people will say anything to get your money or you to sign

 

Don't do it

[ambershadow]

Pay the council what you orginally agreed to pay whetther the arrangment is broken or not

[nish40]

If I pay the full outstanding council tax balance to the council will that stop them doing a walking possession which is what he is after?

It's not Scotland, they cant walk straight in, as advised, ignore the bailiff and just pay the Council

[hedgehog0045]

thanks all, I will go to the council office on monday morning and pay the full outstanding amount.

 

When the bailiff comes on wednesday I will just pay him his £24.50 fee.

[ambershadow]

Don't pay them anything

[hallowitch]

no do let him come on Wednesday send them a letter on Monday after you paid the council (recorded delivery)

 

telling him the dept has now been paid direct to council and therefore there is no reason for them to visit you if you let them come on Wednesday they may try to charge you £18 for a second visit

 

don't send them the £24.50 let them send you a bill for it if your dept with the council is paid there is not a lot they can threaten you with apart from small claims court i think I'm not 100/% sure about that bit someone will come along and tell you different if I'm wrong but do send letter on Monday

any advice given is only my opinion and what i have leaned on here

[ambershadow]

Yes your right Hallowitch

[hallowitch]

Yes your right Hallowitch

 

 

thanks for that Ive got to say the bailiffs have done me a favour i first got a p.c. about 6 years ago and to my shame i only used it for poker and e-mails

i can now cut copy paste use office and am learning enough on this site to help others

 

so if you read this Jacobs i would to thank you

[chris600uk]

don't send them the £24.50 let them send you a bill for it if your dept with the council is paid there is not a lot they can threaten you with apart from small claims court i think I'm not 100/% sure about that bit

 

You are spot on - if the liability order is satisfied BEFORE a levy takes place then the bailiffs have no right to take any further enforcement action.

 

That reduces their charge to the status of an invoice for work done.

 

They then will have to sue you for that amount, and provide evidence to the small claims court that they complied with the law.

 

As tomtubby will hopefully confirm, to comply with the law the bailiff can only charge fees if they actually visit and attempt to speak with the debtor - they can't charge a letter fee, there's no provision for one in the regulations.

[equitavictim]

You are spot on - if the liability order is satisfied BEFORE a levy takes place then the bailiffs have no right to take any further enforcement action.

 

That reduces their charge to the status of an invoice for work done.

 

They then will have to sue you for that amount, and provide evidence to the small claims court that they complied with the law.

 

As tomtubby will hopefully confirm, to comply with the law the bailiff can only charge fees if they actually visit and attempt to speak with the debtor - they can't charge a letter fee, there's no provision for one in the regulations.

Chris600UK - just checked out your response on this thread. And thank goodness I did! You've completely put my mind at rest. I got a letter on Monday (dated Friday of course), telling me I had unpaid fines. When I called to pay I was told there were three others. Clearly I've never received any letters concerning the rest. But having read all the complaints on the web (well a few!), I can see why.

I got another letter this morning telling me that because I haven't paid any fines (I have proof of payment through my online bank), that the bailiffs are coming. Now I know, that because everything has been paid, we can simply tell them to go away. I have to say all the posts on various websites were worrying me as I felt as if I'd just been targetted by some sort of conman.

I have also written to Equita and demanded details of the debt, and written to the council involved. With much disgust I might add. I know I shouldn't be surprised but how can councils employ these people!

 

Anyway, a thanks for the link has just turned in to a rant.

[hedgehog0045]

Thank all for the advice. I have paid the council in full this morning so the bailiff can go and get lost

[ambershadow]

Well Done you

 

 

Another Point to us

[hedgehog0045]

Hi all,

 

I was made redunant last October and as a result I ended up with problems paying my mortgage. This meant I had to use all available funds to try to stave off reposession. My house is now being transferred to a housing association under the mortgage rescue but I have a new problem / threat.

 

I received a letter from Equita bailiffs asking for payment of this years council tax £1078 as I have made only 1 payment this year due to the mortgage problem. I contacted the bailiff and asked to make an arrangement while I await the outcome of a council tax benefit claim. The bailiff flat refused any payment offer and as such has said he will return with a van to collect my belongings for sale at auction.

 

The bailiff has never entered my house and therefore I will be following the councils advice and not let them in if they call again.

 

Is it right that they can refuse to accept offers of payment? Also, what should I do about my car as I believe they can levy on your vehicle?

[rebel11]

Hi Hedge

 

Don't let him in.

 

Under the Contract with the Courts Marston Group can accept payments over 6 months, so it should be the same with Equita.

 

Vulnerable person it forms part of the NATIONAL STANDARDS FOR ENFORCEMENT AGENTS may 2002

 

 

 

 

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.hmcourts-service.gov.uk/infoabout/enforcement/bailiffs/standards.htm#part10

[fork-it]

I think this is Equita who is collecting council tax. Marstons rarely bid for council tax recovery work, they are big on traffic and court fines because this type of work is known in the profession to be more lucrative than chasing unpaid council tax bills.

 

If a debtor doesnt have enough money to pay all the liability then the bailiff has little choice but to accept an affordabel repayment plan. Council tax bailiffs can levy on cars but its not a commonality, its unpaid parking and motiring fines that gets the car lifted by bailiffs. Anyway, make your car and house safe until this matter is resolved.

[sillygirl1]

Are the council aware of your problems and that you are being assessed for council tax benefit, they need to be talking to the DSS about this.

[hedgehog0045]

Thanks for the advice.

 

I have spoken to the council recoveries sectiion who said they could not take the debt back and that I should contact Equita to make an arrangement who refused point blank to make any arrangement.

 

I guess I am now resigned to bolting down the hatches and just making payments direct to the council?

[seanamarts]

Ask to speak to the manager of the benefits and revenues department at your council, it is quite possible you spoke to some back office numpty who works for capita, who works in conjunction with Equita.

Failing that get in touch with your local councillor

[hedgehog0045]

The bailiffs have shoved a notice through my door again this morning stating -:

 

"I will re-attend at your address with immediate effect and may REMOVE goods even in your absence. Should you wish to avoid this distressing course of action, contact me immediately on the telephone number below" .....etc....

 

I decided to give him a call to explain that the CAB are dealing with the issue but he was adamant that because he was acting on behalf of the courts he would be coming back.

 

What do I do now. Do I still just sit tight and ignore his knock at the door? Why has he worded the letter to say that he may remove goods in my absence? He cant break in can he, without a walking posesion etc?

[hallowitch]

What do I do now. Do I still just sit tight and ignore his knock at the door? Why has he worded the letter to say that he may remove goods in my absence? He cant break in can he, without a walking possession etc?

 

yes sit tight and ignore Equita No he cant break in

[ploddertom]

The bailiffs have shoved a notice through my door again this morning stating -:

 

"I will re-attend at your address with immediate effect and may REMOVE goods even in your absence. Should you wish to avoid this distressing course of action, contact me immediately on the telephone number below" .....etc....

 

I decided to give him a call to explain that the CAB are dealing with the issue but he was adamant that because he was acting on behalf of the courts he would be coming back.

 

What do I do now. Do I still just sit tight and ignore his knock at the door? Why has he worded the letter to say that he may remove goods in my absence? He cant break in can he, without a walking posesion etc?

 

You have already proved the letter has had the desired effect and that is what it is meant to do. The Bailiff will cheat, lie, cajole bully etc in order to get you to dance to his tune. It is all hot air. Having said that it is true he may be able to force entry to your home BUT only when he has been back to Court with the Creditors permission AND the Magistrates grant him an Order to do so. He then has to give you a date and time he is coming and it is only IF you then deny him can he force entry - this is something very rarely granted and only in extreme cases of wilful refusal to pay.

 

As long as you deny him entry to your home and keep any effects outside secure - if you have a car then move it well away from your door, at least 10 minutes walk. Eventually he will give up and return the case to the Council but that may take 2 or 3 months.

 

In the meantime you must make some payment to the Council either online or via phone. This proves you are willing to pay but must be done at regular interval with a regular payment - £5/£10 per week for example.

 

PT