Unpaid Council Tax after split with partner

[westendwendy]

My grandaughter received a letter yesterday from Rundle & Co threatening to remove goods from her house for Council Tax arrears,the letter did not state any amount on it.Before I saw her she had rung the bailiff who scared her by saying that she could get ninety days in prison if she did not pay him but could not tell her what she owed as he had finished work for the day and she was told to ring him back on Monday.

 

I have looked through the paperwork she has and can only find details of arrears for two properties she lived in with her partner before they seperated due to a domestic violence issue that is going through court.

 

When they seperated she was on maternity leave and is now living on her own with a young baby and claiming income support.

 

I went with her to the council this morning but their system was down and they couldn't give me any information about her debt but were adament that once the debt had gone to the bailiff they could not take it back.

 

Reading through some of the threads on here it seems that they would have to as she would be classed as a vulnerable person and I have found a post on here with a letter that I could send to the bailiff,with a copy to the council.

 

I need to know if the council could deduct an amount from the benefits that she is receiving?

 

I am going back to the council with her on Monday and really just need to know what I can or cannot do to get the poor girl back on to an even keel.

[IdaInFife]

Hiya,

 

Yes i am sure i have read on other posts where they can deduct monies form benefits for council tax arrears.

 

You can send the letter re vulnerable by email to both today and then send it in letter format as back up.

 

The more experienced regulars will be along at some point for better advice

 

Ida x

[Tingy]

]My grandaughter received a letter yesterday from Rundle & Co threatening to remove goods from her house for Council Tax arrears,the letter did not state any amount on it.Before I saw her she had rung the bailiff who scared her by saying that she could get ninety days in prison if she did not pay him but could not tell her what she owed as he had finished work for the day and she was told to ring him back on Monday.

 

I have looked through the paperwork she has and can only find details of arrears for two properties she lived in with her partner before they seperated due to a domestic violence issue that is going through court.

 

When they seperated she was on maternity leave and is now living on her own with a young baby and claiming income support.

 

I went with her to the council this morning but their system was down and they couldn't give me any information about her debt but were adament that once the debt had gone to the bailiff they could not take it back. This is a blatant lie. They can take back debts but always say they can't.

 

Reading through some of the threads on here it seems that they would have to as she would be classed as a vulnerable person and I have found a post on here with a letter that I could send to the bailiff,with a copy to the council. You need to point out to the Head of Council Tax that your daughter is classed as a vulnerable person and that they are vicariously liable with the bailiffs. Remind them of MALG guidelines and point out they are in breach of these. Then ask him/her to reconsider whether or not they will take the debt back.

 

I need to know if the council could deduct an amount from the benefits that she is receiving?

 

I am going back to the council with her on Monday and really just need to know what I can or cannot do to get the poor girl back on to an even keel.

 

The following link may be useful for you:

 

http://www.malg.org.uk/documents/MALGinfopack2010.pdf

 

[ErikaPNP]

It can be recovered by the council sending a request to DWP for deductions to be made from her Income Support at a rate of no more than £3.30 per week.

[seanamarts]

I dont think that this comes under the MALG guidelines... It would help the OP if you could explain this further, and for those who are reading this.

[ErikaPNP]

Indeed, Sean. There is no indication in the opening post which would suggest the MALG guidelines would assist in this case.

 

My advice is to inform the council that she is on IS and ask for a deduction to be made from her benefit. They can't take more than the £3.30 per week from her benefit for council tax arrears.

[hallowitch]

Template Letter to Request Account be Referred Back to Council

 

With thanks to Tomtubby

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are in receipt of income support or income based jobseekers allowance and that you wish for your arrears of Council Tax to be deducted at source from your benefits and requesting that the account is returned back to the local authority. You should provide a photocopy if possible, of either your benefit book or confirmation of your entitlement from the benefits agency.

 

 

—

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated

(enter date)

informing me that your company have been instructed by

(enter local authority)

to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to

(seize/auction etc my goods.)

unless full payment of

(enter amount)

is made by return.

The purpose of this letter is to advise your company that I am in receipt of

(income support/jobseekers allowance)

and am enclosing as proof, a copy of

(payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to

(local authority)

so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of

(my/our)

circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

 

Yours Faithfully.

[tomtubby]

My grandaughter received a letter yesterday from Rundle & Co threatening to remove goods from her house for Council Tax arrears,the letter did not state any amount on it.Before I saw her she had rung the bailiff who scared her by saying that she could get ninety days in prison if she did not pay him but could not tell her what she owed as he had finished work for the day and she was told to ring him back on Monday.

 

I have looked through the paperwork she has and can only find details of arrears for two properties she lived in with her partner before they seperated due to a domestic violence issue that is going through court.

 

When they seperated she was on maternity leave and is now living on her own with a young baby and claiming income support.

 

I went with her to the council this morning but their system was down and they couldn't give me any information about her debt but were adament that once the debt had gone to the bailiff they could not take it back.

 

Reading through some of the threads on here it seems that they would have to as she would be classed as a vulnerable person and I have found a post on here with a letter that I could send to the bailiff,with a copy to the council.

 

I need to know if the council could deduct an amount from the benefits that she is receiving?

 

I am going back to the council with her on Monday and really just need to know what I can or cannot do to get the poor girl back on to an even keel.

 

Always remember, that with council tax recovery the local authority are WHOLLY RESPONSIBLE for the liability order and any acts or omissions of their agents.

You need to be firm with council and insist that because of her circumstances and the background to this account that the debt take back for the bailiffs and administered by the local authority. It should also remind the local authority at leaving letters of the property with no indication of the amount of the debt owed is against the Debt Collection Guidance issued by the Office of Fair Trading.

[westendwendy]

Thank you for your replies,the letter that hallowich posted for me is the one that I found when reading through the threads and I will send this immediately,thanks again.

 

I went into the Council offices this morning and have now established the amounts that they have handed over to the bailiff,feeling a bit more confident I said to the officer that my Grandaughter would come into the category of vulnerable persons due to being a single Mother claiming IS.Having blurted that out I went on to state,rather than ask,that the Council could in fact have this debt returned and arrangements could be made to deduct arrears from her benefits.

 

He seemed quite surprised and said that it was a possibility although still not committing himself!

 

I also told him that I was aware of where my Grandaughter's ex-partner lived and that he was employed,he said that I should contact the bailiff and give them this information as he was a joint tenant of the properties in question and so was also liable.

 

I will include this info in the letter that you have so kindly provided and see what happens next,thank you all so much for all of your help.this forum really is the fount of all knowledge.

 

I will come back and let you know how things go.

[ploddertom]

Well I'll certainly celebrate your success to date, think I have a decent glass of red left. HW will definitely keep you on the right tack.

 

 

PT

[westendwendy]

Oh dear, let's all start passing the buck!

 

When I spoke to the benfits advisor at the Council yesterday he said that it was up to me to request the bailiff to return this file back to them,which I did by email attaching proof of IS being received.

 

I have received this reply today:

 

As your arrears have been sent to us for collection, We dont have the facility to set up an attachment to your Income Support for payments(This is only possible through the Council)

We can only refer your case back to our client(--------- District Council) at the Councils request.

You will now need to deal directly with the Bailiff handling your case.

 

I sent a copy of the email I sent to the Council but haven't received a reply as yet.

 

Now,do I forward this reply to the Council asking them to request that the file be sent back as I have a feeling that this is beginning to go round in circles.

 

I didn't ask the bailiff to set up any attachment to benefit payment,merely to send the file back to the Council so that they could. Aaaaaaaaaaaagh.

[hallowitch]

send an e-mail to your local councillor

explain that the council tax dept being collected as the remnants of an abusive relationship

she is in no fit state to play mind/power game(s) with the council and the bailiffs

tell him council said up to bailiff to send it back send copy bailiffs e-mail

send a copy of the letter you sent asking for benefits deductions

ask him to explain why his council are conducting themselves in this manor when clearly the debtor is vulnerable

also ask him why the council /bailiffs are not trying to enforce the debt on the other liable debtor who is in full time employment therefore an attachment of his earing's would clearly satisfy the debt quicker

 

 

When she left him did she move out and leave him in the property

was this in the middle of a finical tax year

does the liability order cover the remainder of the that year

[westendwendy]

Thanks for your reply hallowitch,I'll try to explain as much as I can from the paperwork that my Grandaughter has given me.

 

The amount payable for the year was just over £1000.00 ,the first payment being due on June 1st until March 2011,the debt that the Council is claiming is approx half of that which seems correct.

 

The domestic violence incident was reported to the Police on 30th June and her ex partner was arrested,when he was released on bail it was on condition that he did not attempt to enter the property or make any contact with my Grandaughter.He was bailed to a relative's address and my Grandaughter remained in the property until September when I had found her a new house.

 

During the time they lived at this property My Grandaughter was on maternity leave (the DV incident happened when the baby was three months old) She paid the rent from her maternity benefit and her partner was supposed to be paying council tax,electricity and food.

 

It took us twelve weeks to sort out working tax credits and I actually paid her rent and bought her food until she finally received payment.

Her maternity benefit ended in September and as there was no way that she could return to work she was forced to claim IS,this,along with a court case looming at the end of November and a young baby to care for she has got herself into a real muddle which I am trying my best to sort out for her.Nightmares!!

 

I thought of replying to the bailiff and copying the council in on the email in an effort to get the council to instruct the bailiff that he should return the file.

 

I will email my local councillor and explain the situation,hopefully she can bring some pressure to bear and put the council and bailiff on the back foot.

 

To be fair I have only just informed the bailiff of her ex partners address but I will mention it again and maybe they will see that as the road to take.

[ploddertom]

I think you should check with the Council to find out the exact period of time they are claiming for, as unless I've read it all wrong she seems to being charged a lot of money for a short period of time.

 

PT

[westendwendy]

Is it ok to put specific figures and dates on here ?

 

I'll be honest I've no idea how they work it out.

[Tingy]

Deleted as I misread post. Apologies!

Edited November 23, 2010 by Tingy

[westendwendy]

I still don't know the amounts that the bailiff is asking for,the letter he put through the door didn't state anything except that the debt was for arrears.

 

I have a tax statement for the period April 1st 2010 to April 11th with net council tax of £29.62 (first property) - April 12th 2010 to March31st 2011 with net council tax of £1112.10(second property)

 

The couple moved to their second property on On April 12th 2010 and the expartner was removed on June 30th 2010,my Grandaughter remained there until September 14th.

 

As yet the council haven't given me any breakdown of how they arrive at the amounts they say have been given to the bailiff but the figures are £290.95 against the first property and £606.57 against the second.

 

So, a bill of £29.62 has suddenly become £290.95??? My head hurts now!

 

I'm going to email the bailiff again,this time explaining in very plain English that this file needs to be returned to the council asap,copying in my local councillor,very frustrating.

[ploddertom]

Am I right in assuming that for the period 01/07/2010 to 14/09/2010 your granddaughter was granted Single Person Discount, also if she moved from the premises the liability ended also on 14/09/2010?

 

PT

[westendwendy]

I don't believe she applied for the 25% discount but to be honest with all of the upheavel during the Summer It wasn't even thought about.

 

The Council said that the amount owed was up to September,when she left the property.

 

I've just spoken to her and she has found yet more paperwork so now I have the breakdown of most of the money.

Council tax owed from 01/4/10 to 11/4/10 is £29.62 9(first property) From 14/4/10 to 14/9/10 (second property) £486.94 plus costs of £90.00 (I assume that this is court costs) £0.01 housing benefit = £606.57.

 

I can see that she should have claimed the discount amounting to £121.73 so I can tell the council about that,thank you for pointing that out to me.

 

I think I'm going to give the man at the council a headache.haha

[ploddertom]

To move progress forward I'd be inclined to forget about Mr Grumpy - just refuse to talk to him or open the door if he calls. I think it more important you concentrate on the Council and in particular get your Councillor to work for you. If they are still stalling it may pay to escalate to a higher level within the Council - a good starting point would be the Chief Executive, put all yourr concerns and what appears to be the Conncils failings in a letter, mark envelope & letter "Formal Complaint" and where possible deliver by hand. Don't stand on ceremony and don't be fobbed off, it wouldn't harm to talk to the local press either - providing you don't mind things being out in public. The more song and dance you make the quicker the Council will work.

 

PT

[westendwendy]

Thank you for your advice,I am just typing an email to my local councillor outlining the events of the last year and asking for her intervention.

 

I will contact the council again and have told my Grandaughter not to answer the door to anyone she doesn't know.I'll let you know how I get on,thank again for your help.

[night-watchman]

Don't forget that these morons can be very heavy handed when knocking on doors, this in itself can be very daunting and frightening. If this does happen with your G/Daughter get her to call the police stating the situation (if she hasn't answered the door she does not know who it is ..... right ). As she will be on record as a DV case they will respond quickly.

[westendwendy]

Luckily her Mum lives two minutes away and will be there like a shot if anyone does turn up,she won't take any nonsense from anyone.

Let's hope he gets the message before too long.

[night-watchman]

Unfortunately that is not the way to go. If mum intervenes and it becomes a little heated verbally the bailiff will call the police on the grounds of breach of the peace. Police will arrive and will stand with the bailiff allowing them access. Wrong I know, but you will find many threads on here with these stories. So please be careful.

[Tingy]

I've just quickly browsed through the whole thread again and can't see that it mentions which council. If you don't mind telling us perhaps we can dig out CEO's e-mail or something for you. I've done this for a few people recently with very quick positive results.