Baliffs advice needed regarding council tax arrears

[jenren321]

hiya, i have been reading through many pages and thought would be easier to start my own thread.

we recieved a letter from bristow and sutor as we didnt pay our council tax.

we had a payment arrangement in place, then my hub lost his job in march, we had a baliff from bristow come knocking at the door after we didnt pay them, i didnt lt him in, i told him we was on benefts and he took a copy of the letter from jsa and made a payment arrangement of £20 per month. then my hubby got a job in june but it as low income, so i wrote to bristow and informed them that hub now had a job and asked if it was possible for them to keep the arrangement the same as we are on low income etc, and never heard anything back from them so assumed they accepted. then today i found a letter that was hand delivered from a baliff,saying urgent action required, once again a baliff removal team have attendedtoday to remove ur goods for saleby auction, then it gives anumber to contact but i didnt hear a knock on the door or anything.

i contacted bristowe and they said theynever recieved my letter i sent back in june but i didnt keep a copy or send recorded, they also said that the original agreement was temporary for 6 months while we was claiming. they point blank refused to set anotherpayment arrangement up and told mei needed to contact the baliff in the van as he has my account.

but i contacted the local council to see if they could do anything, and they told me, i can request bristow to contact them direct to discuss my account, anyway i went back and forth between the council and bristow, neither of them agreed to call the other.

so i rang the baliff direct, he told me that only the council could stop him from taking action and that he wanted £278 today then he would set up an arrangement for the rest, we are a low income family and havent got that money, he asked if i could borrow t from someone , and gave me a couple hours then said he would ring me back but he hasnt yet, nor has he been back.

the council recovery team wont even speak to me on the phone they are using the normal council tax department as a go between.

we owe in total about £1300 and can only offer to make a payment of £50 a month max as we are on working tax, etc, and we are £1 above being able to get help with council tax etc.

 

i dont want them to take my stuff and am not refusing to pay, just bristow say they cant make a arrangement cause baliffs and the account, and the council seem to not want to know.

we can get the £278 together by next friday xmas eve but it would skint usfor xmas and we would not be paying another bill to cover this amount.

 

also there was a guy from bristow that came round and we let him in last year some time to set a payment arrangement up and he got me to sign a green form, but i cant recall what it was.

 

im sorry its long winded, but i am concerned they will not leave us alone till they get there money.

my hubby is a worry wart and wont sleep much till this is sorted, and i also have a 18 year old son who i dont want to know what is happening and i told him not to answer the door, but i fear he may.

 

what can we do?

please any advice would be appreciated

[ploddertom]

Typical response from both bailiffs and Council I'm afraid. Best advice is for you to ignore the bailiff altogether - don't answer the door to him, keep all doors and windows locked at all times, if you have any goods lying outside put them under lock and key NOW, if you have a car move it a good 10 minute walk away.

 

The money that you owe is the total confirmed by the Council - if not you must ring the Council in the morning and ask:

1 - how many Liability Orders there are against you

2 - how much each one is for

3 - how much is still outstanding on each one

4 - what periods of time they cover

5 - the dates they were passed to the Bailiff

I have used the plural above as you refer to a "green form from last year" which makes me think there may be more than 1 Liability Order. I'm assuming because of this from he has gained entry previously and levied on some goods - it is very important you try and find this so we know what goods they have seized. It may be that this was done that long ago you may be able to argue the Bailiff has abandoned the goods in question.

 

Has the Bailiff given you any idea what he has charged so far?

 

I would also click the little black triangle to the left and ask that this be moved to the Bailiff Forum for more targetted response.

 

PT

[chunkychris]

have the same problem as you low income cant afford to pay arrears.it sounds like you signed a walking possession form and that allows different set of rules to gain entry. some one on here will tell you that it is a little more agressive than a usual knock on the door.

[maroondevo52]

Two threads merged.

 

Hello and Welcome, jenren321.

 

I have unapproved your duplicate thread.

 

Regards.

 

Scott.

[jenren321]

there is 3 liabilities in total but i dont have the exact amounts from the council , i will get them in the morning and post them here. i m searching for the green form i signed now, but fear i wont find it.

should i ring the baliffs up in the morning and ask them to send me a copy as i misplaced it?

 

he was sat in the lounge at the time looking at the tv, but that is currently on finance

 

we do have a car but it is in my hubbies name, can they still clamp it? my brother brought it for us last year and he can prove that on his credit card bill

Edited December 15, 2010 by jenren321

[ploddertom]

there is 3 liabilities in total but i dont have the exact amounts from the council , i will get them in the morning and post them here. i m searching for the green form i signed now, but fear i wont find it.

should i ring the baliffs up in the morning and ask them to send me a copy as i misplaced it? There is a good chance they may not and may ask you for £10 to supply it as part of a SAR, it may however be easier to ask for a breakdown of charges first and see what that brings - see letter below.

he was sat in the lounge at the time looking at the tv, but that is currently on finance

 

we do have a car but it is in my hubbies name, can they still clamp it? my brother brought it for us last year and he can prove that on his credit card bill - it may come to that yet

 

Letter for a breakdown of charges, use and adapt as necessary, send initially by email foowed up with a copy in the post sent Signed For.

 

"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.

f - where a levy has been allegedly made a copy of the Notice of Seizure

 

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"

 

PT

[jenren321]

i have amended the letter and have printed it out, they do not have a email address on there web site,just a contact thing which only allows 250 characters max, so cant really email them but letter will be in post recorded tomorrow.

 

thanks so much for ur help so far

 

i just found a enquires email address so will be sending email to that, and will ask them to forward it to revelent department

Edited December 15, 2010 by jenren321

[hardup2010]

I don't think that that is intended to e-mailI think there is intended for recorded via Royal mail

[ploddertom]

I don't think that that is intended to e-mailI think there is intended for recorded via Royal mail

 

It's meant for both.

 

PT

[jenren321]

ok i have some of the infoyou asked for, but the council was limited on what they got.

i have 3 liabilities as follows:

2006 befor went to baliffs was £204

2008 befor went to baliffs £215

2009 befor went to baliffs £808.82

 

they dont have any information about what the amounts are now. they said they didnt know what charges the baliffs had applied.

But i found a letter from the baliffs saying the following amounts dated for 5/4/2010 as follows:

 

2006 stood at £396.50

2008 sttod at £215.00

2009 stood at £ 808.82

 

when i was on the phone to the coucil i also told them that i wasnt willing to pay the baliffs anymore money and that from now on every week i would pay them £10 direct to the council using there online payment service. i made the first payment today and asked if i could call her tomorrow to make sure the payment went off the debt, and the lady said i could, so will be checking that tomorrow. she also said that if the baliffs will end up returning the account back to the council eventually and the weekly payments i make will be favourable towardds me.

 

Also sent the letter recorded delivery to the baliffs today.

 

Did i do the right thing in what i said to thee council?

[ploddertom]

I see no harm in what you have done so far. It appears from what you say you actually owe more now than when you started, hopefully the breakdown from the Bailiff will reveal the answers why. Obvious suspect will be their mysterious fees, good thing is they can only charge what the Legislation allows and anything extra will be challenged and refunded - I do hope the have a load of waiting fees etc on there. Sorry not meant to be flippant - your "new friends" also read these forums.

 

The biggest hassles you will get is the Bailiff returning to you - just ignore, don't engage in conversation. He may threaten and cajole. He will tell you he is getting a locksmith, the Police and force entry when you are absent - he can only force entry if he has previously gained peaceful entry, gained the Councils permission, got an Order from the Court and written to tell you he is coming - usually 7 days notice. He won't do it as it's too much hassle, he's only interested in your cash. He may tell you he is going to have you arrested, imprisoned, have your kids taken into care - no he can't. The Council have already told you that eventually he will return your accounts back to them and as you are already paying them they will probably leave it at that - be warned however that failure on your behalf will make it very hard to stop any further enforcement action.

 

PT

[jenren321]

thanks so much PT for ur help and advice so far.

 

so what i carry on doing now? just waiting for baliffs to get back in contact with me?

[hallowitch]

just to add to what PT has already said i would think the walking possession agreement is unlawful if the bailiff never left your sitting room and your TV is on HP i cant see how there would be enough goods levied against these debts

[jenren321]

he just sat on the sofa and was looking at the tv when he was writting, when he got up to leave, i told him the tv was on hp and still is, can they actually take stuff that my husband has reciepts for? as it is only my name on the actual debt?

[ploddertom]

just to add to what PT has already said i would think the walking possession agreement is unlawful if the bailiff never left your sitting room and your TV is on HP i cant see how there would be enough goods levied against these debts

 

Plus there may be a good case for abandonment methinks if it was done last year.

 

PT

[hallowitch]

he just sat on the sofa and was looking at the TV when he was writing, when he got up to leave, i told him the TV was on hp and still is, can they actually take stuff that my husband has receipts for? as it is only my name on the actual debt?

 

council tax is a joint debt regardless of whose name its in

It would be really good if you could find the walking possession agreement can you remember what goods were listed

as PT has said now you are paying the council direct the bailiff will be back saying all sorts of bull but your bailiff knows that goods levied must cover all bailiff fees removal fee storage fee auction fees vat on auction fee and a substantial portion of the debt he will threaten you with locksmith ETC he wont act on it if goods levied wont cover the above

It would be a good idea to photocopy the agreement and send it to the council and bailiffs making them aware that

the TV is on hp and the remainder of goods levied wont cover bailiffs fees Etc (can you remember if he levied your settee chairs

 

keeping them out is a priority because once inside they can levy more goods

[jenren321]

to be honest we cant find the levy form, but remember when he gave it to me there wasnt much on it and was unreadable, but i sent the email yesterday and the letter today to the baliffs requesting the info so will have to see what comes back.

should i even bother contacting the baliffs to see if they will tell me what it was i signed for wait for the reply from them?

 

i have told my son bits and he wont ever answe the door now, and i wont either to annyone i dont know, i have a peek hole in my door so can see who is outside, as i also live in a block of flats and am higher than first floor not as if they can peek in the windows or anything like that.

 

my settee and chair was given by a friend, andnot worth that much to be honest

[jenren321]

as they already it seems have alevy, for certain good, could they turn up with the police to gain entry to levy on more goods?

 

also the council tax recovery section is still refusing to talk to me, do you think i should contact the local counsillor?

Edited December 16, 2010 by jenren321
addded a question

[hallowitch]

they wont tell you what was levied (and don't let them know you have lost it ) send the HP agreement by recorded delivery to the bailiff firm and the Head of Revenues of your council ask them to remove all levy and associated fees

 

post your letter here and we will amend it if needed

 

PT your in box full

[hallowitch]

as they already it seems have alevy, for certain good, could they turn up with the police to gain entry to levy on more goods?[/quote

 

NO as PT said to gain re-entry , they would need the Councils permission, get an Order from the Court and write to tell you he is coming - usually 7 days notice.

 

thats the reason for sending the council the unlawful levy letter then they know the bailiffs have an unlawful levy it would be a silly council who went down this route with an unlawful levy

[jenren321]

thanks so much for your help. i amcurrently doing the complaint letter to the local council and the baliffs.

 

see what happens next.......

[jenren321]

letters of complaint have been done and council will be hand delivered aswell, and other recorded

 

will keep you informed, any other advice is welcome

 

And thanks to PT and hallowitch forur help through pm's and advice on thread etc

[hallowitch]

address your letter F.A.T.O (name of head of revenues)

 

Insist the receipt says same as envelope

 

get yourself a folder and keep everything together make copy's of all letters you sends for your own records

 

unfortunately you will have to fight for the removal of the fees they wont put there hands up and admit it

 

If/when the bailiff comes back don't let him in there is very little Chance that the council will have given him written permission to re-enter your property after they receive your letter also you are paying the debt

[hallowitch]

have 3 liabilities as follows:

2006 before went to bailiffs was £204

2008 before went to bailiffs £215

2009 before went to bailiffs £808.82

 

they don't have any information about what the amounts are now. they said they didn't know what charges the bailiffs had applied.

But i found a letter from the bailiffs saying the following amounts dated for 5/4/2010 as follows

was this the date of the levy when did you start making payments

2006 stood at £396.50

2008 sttod at £215.00

2009 stood at £ 808.82

[jenren321]

lhiya no it wasnt the start of the payments, that all started back in 2008 we had recciepts of all payments etc, we got the new tv in september 2008 and the guy round not long after that to make the payment arrangement.

the firstt actual baliff with a van came round in april, thats when i gave him a copy of the benefits letter and they set up the payment arrangement of £20 per month