Council tax its a Big one

[ShinySheen]

I owe 6 k council tax which various bailiffs have had problems collecting

 

“I do know this wont go away and I need to sort something out pretty soon and much of it is my own fault”

The other day I got busted as I don’t live at the house very often

 

They wheel clamped my car even though I told them It wasn’t mine through an upstairs window

 

I called the police

They came after the bailiffs had gone …

.they called the baliffs

the baliffs said I had to pay £1000 off the debt to get the clamp off ….

.to which I said ill cut it off myself with the grinder …

.the policeman replied “ well if you do you could get fined £250 and it will be a criminal offence”….

.i said ill take me chances

 

After he had gone I decided it better to take the wheel off and the suspension strut and removed the clamp without damaging it

 

Have I committed an offence ?

 

Notes also to add I am recently bereved

1 week ago my Dad died …

I did tell them this but it made little / no diff

 

Has anyone any advice or ideas how I can begin to get myself out of this mess

[dx100uk]

you should be ok on the clamp issue.

 

as for the death of your father - sad yes - but thats not stopped you paying before this date has it?

 

i think you need to contact the council and ask them the value of all the LO's they hold on you [as it must be more than 3 prob!]

 

then you need to give us the background of how you think this has come about

+6k is ALOT of CTAX, poss lots of unlawful charges..but this must be several years CTAX

 

how has it got this high? i'm suprised its not come to a head before now TBH.

 

dx

 

 

dx

[ShinySheen]

Totally agree …..Sad but hasn’t stopped me paying before should Bailifts give bereaving people space I guess im been green here

I belive there are 7 liability orders …but I will check this tomorrow

Its came about due to ….loss of jobs …family illnesses been to proud to sign on and claim benefits

Im surprised its got this high too

Thanks for your reply

[ShinySheen]

The thing that worries me most is surley the balifts would want revenge for me taking their clamp off I will be ringing them in the morn to tell them they can have it back undamaged

Or could they / would they apply to the court for a walking possession order and would it be granted

I am working now by the way and could afford £200 a month after the mortgage bills ect

[dx100uk]

pers i'd pay the council direct via internet banking site

 

dont worry

plenty of knowledgable members will be on in the morning

 

just sit tight and get that info

 

and no he cant force his way in so dont let him

 

nothing to worry about

 

if you wish

 

read a few threads here , you'll soon get the idea

 

dx

[brassnecked]

Make a note as to every period you have been unemployed, with proof, and entitled to benefit. You are not alone with the pride scenario, but the brutal truth is that unless you claim council tax benefit, the council will not give any concession to someone who cannot pay, they will escalate it to Liability Order and the bailiff. They are variable in their quality but CAB may be of help to support any possible backdating of benefit to reduce the liability. Others on here will also be able to advise on letters to send etc.

 

Ad DX has said pay direct using the online payment facility an amount you can realistically afford, do it weekly regularly, without fail to build up a payment record, and print off and keep receipts. The plan here has to be damage limitation, but if there is a way to reduce the bill we will explore options, meanwhile pay regularly what you can afford, and now the clamp is off move your motor.

 

If you speak to bailiff or council on the phone try to record the call also.

 

If you are still unemployed or on a low income claim council tax benefit now, to reduce or curtail any future liability orders.

[ShinySheen]

unfortunatly i have to make contact with the bailif as i need to tell him were to pick up his wheelclamp from or whe may try to say ive stolen it ?

[hallowitch]

They wheel clamped my car even though I told them It wasn’t mine through an upstairs window

 

who does the car belong to (are you the registered keeper) what is the value of the car

did the bailiff leave you a notice of seizure of goods and inventory listing the car

[ShinySheen]

i am NOT the registed keeper & the value of the car is about £1200 max

Thanks for everyones help so far by the way i really " Apreciate it"

[ShinySheen]

Sorry Hallo

i didnt answer the question .....the car belongs to a car pitch

they put a notice on the windscreen saying "STOP do not attemp to remove this vehicle you have been clamped its a criminal offence to remove a vehicle unless authorised to do so "

please contact acm ebailiff company on mobile number

 

acme bailifts of behalf of the council

 

I caused NO damage to the wheelclamp getting it off

Edited May 20, 2011 by ShinySheen
missing info

[hallowitch]

well my interpretation is the bailiff impounded a car that does not belong to the debtor had the bailiff done his homework first as he should have done(dvla check)he would have known this

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!

 

I think your best bet is sending an e-mail to the revenues Dept informing them of your fathers death and ask them if they can put the bailiffs on hold until after the funeral ask if you can make an appointment to go and see them to discuss paying of these arrears that is suitable to both parties as you don't want to default on your present years council tax while trying to pay back previous years debts

 

as you are now employed they may want to go for an attachment of earnings if they do this they can only do 1 liability order at a time so could send bailiffs to collect other liability orders

[ShinySheen]

Today’s update

Rang the bailiffs to tell them that their wheel clamp is at the garage that owns the car

They said we are not chasing after our wheel clamp if you have took it off you have caused criminal damage I replied I haven’t damaged it …they said how did you get it off to which I replied “oh easy” took the wheel off removed the front strut and slid the clamp off

I was trying get them to the garage to block them in waste some of their time like they wasted my time yesterday but despite all endeavors could not get them to attend the garage that owns the car for some reason

But they did point out the Police will be around latter on to “Arrest me” for criminal damage and removing property that belonged to acme bailiffs

Latter on I rang the council and said I would be willing to pay a 3rd of the bill in cash and X amount afterward a month as long as they took the debt back I pointed out I wanted nothing to do with the bailiffs and wouldn’t offer them a penny …..he had to go away & think about this and rang me back aprox 2 hours latter

He said yes we will take the debt back and call off the bailiffs “BUT” we will take the bailiff fees out and pay them what you owe them …I said so basically then you would be collecting money for the bailiffs

He replied yes

Any ideas what I could say as im unknown territory now can the council do this ?

Can I dispute it ect

[hallowitch]

pay the bailiff fees £42.50

the car does not belong to you

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?262730-Has-a-bailiff-quot-levied-quot-upon-a-car-that-is-NOT-owned-by-you-...-LOCAL-GOVERNMENT-OMBUDSMAN-S-Report-!!!!

 

 

EDIT

PT is correct i forgot there is more than one liability order

[ploddertom]

Monday morning contact the Council again and ask:

1 - How many Liability Orders they have

2 - How much each one is for

3 - What period of time each one covers

4 - When each one was obtained

5 - How much is outstanding on each one

6 - When each one was passed on for enforcement

 

I would also be wanting to know why the Bailiffs have never returned any of the Orders back to the Council. Also why have the Council not taken any further action. It certainly smacks of tawdry behaviour from both parties - I'm not trying to be derogatory to you by the way. In view of what the Council have told you I would be asking the Bailiffs what fees etc they have added over the years - may make interesting reading.

 

To help fight your corner you should engage the help of your local Councillor(s).

 

PT

[ShinySheen]

i will look through the liability orders latter tonight

but in short do i have to go along with paying the council and they pay the bailifts their fees or can i dissagre

or in the light of them offering to take the debht back would i be better off going along with it

[ploddertom]

The Regulations state that the likes of Bailiff costs must be paid first and any sum remaining afterwards will go to pay your debt. However if yu have read a lot of the threads on here you will note a common factor and that is Bailiffs not being au fait with the finer arts of mathematics. You need to know some more details first of what they are charging and when. You will be due to pay some fees but just don't pay the first figure that someone produces.

 

If you speak to the Council on Monday you could also ask if they have access to your account with the Bailiffs - many do, if that is the case you could ask if they can tell you what charges have been applied and when. As it has been so long since anything has come from yourself then I don't think I would worry about another few days.

 

As far as the clamp was concerned I was surprised to hear that the local yobs hadn't removed it overnight and binned it in the river!

 

PT

[ShinySheen]

"As far as the clamp was concerned I was surprised to hear that the local yobs hadn't removed it overnight and binned it in the river!

 

"

I prob should have said that to be honest ….but I was rather proud I had removed the clamp and done no damage to it …..it didn’t half flummox them when I said that

As it stands the garage that owns the car where I work is keeping the clamp due to 2 scratches on the car which the clamp has caused …the boss requires a payment of £250 to cover the cost of the repairs

Before they can have their clamp back ….wise or not wise ?

I’m going to keep reading various posts to get the gist of what I need to say on Monday

But a big thank you to you all for your help you have been outstanding

[ShinySheen]

so say for example i have 7 liability orders do they charge £42.50 per order ?

[ShinySheen]

just rang the policeman who the bailiff’s said will be coming to "arrest me " for taking their clamp off

They aren’t interested and certainly won’t be coming to arrest me as apparently it’s a Civil matter

and its up to the bailifts to pursue the matter

 

[ploddertom]

Believe nothing a Bailiff says, they can't even lie straight in bed. They are onby any good at cheating, lying, bullying & intimidating. There is no law that says you have to speak to or deal with a Bailiff. Unless you can record the call never telephone them - they appear to have memory problems when it comes to recalling what was said. If they call try and record what happens - beware if using a camera as that could be seen as fair game for a levy.

 

PT

[hallowitch]

"As far as the clamp was concerned I was surprised to hear that the local yobs hadn't removed it overnight and binned it in the river!

 

"

I prob should have said that to be honest ….but I was rather proud I had removed the clamp and done no damage to it …..it didn’t half flummox them when I said that

As it stands the garage that owns the car where I work is keeping the clamp due to 2 scratches on the car which the clamp has caused …the boss requires a payment of £250 to cover the cost of the repairs

Before they can have their clamp back ….wise or not wise ?

I’m going to keep reading various posts to get the gist of what I need to say on Monday

But a big thank you to you all for your help you have been outstanding

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?212401

[hallowitch]

so say for example i have 7 liability orders do they charge £42.50 per order ?

 

that depends you need to find out when each liability order was passed over to the bailiffs

 

Detailed Assessment Judgment of Throssell v Leeds City Council where the District Judge ruled as follows:

“Turning to the taxation it seems to me that notwithstanding the fact that there were three liability orders but one visit was made by one bailiff and the maximum that the Council’s reasonable charges can be is the result of applying the formula contained in Schedule 5 paragraph 2 (1) (b) of the Regulations”

 

they cannot charge so many fees if only one visit is made

[Halt41]

Hi. Do not despair. I used to be the Director of Finance of our Local Authority and nobody honestly wants to see you like this. Have you spoken to your Council? There are lots of ways you can be helped and getting the bailiffs in is a total last resort. Council Tax workers are only bean counters who have boxes to tick and will not be in anyway sympathetic unless you tell them - in no uncertain terms - how it is. In what area do you live? I don't need your address as you might not think I am genuine but I can help OK?

[ShinySheen]

scrap this post the coppy & paste went wrong

[ShinySheen]

Today’s news …………………………….

As far as I know..... the bailiffs have only visited 2 times both times they have posted the scaremongering letters through my door ….after speaking to a neighbor they have also been watching my address and asking what time I get home what car do I drive ect

Here is as exact copy of the fees that have been applied so far

I also now have a signed statment from the car owner that the car does NOT belong to me and belongs to him so was unlawful to have clamped the car (i did tell them this when they were clamping it)

Areas due to council ................£689.20 ..£723.85 ..£757.73.. £820.16 ..£788.20 ..£840.24 ..£459.01

1st visit fee-REG 45 (2) (b) .....£24.50 ...£24.50.. ...£24.50 ....£24.50.... £24.50 ....£24.50 ....£24.50

2nd visit fee-REG 45 (2) (b).... £18.00 ...£18.00 .....£18.00.... £18.00 ....£18.00 ....£18.00 ....£18.00

Levy fee-REG 45 (2) (b) ..........£46.00 ...£47.00 .....£47.00..... £49.00 ...£48.00 ....£50.00 ....£39.00

WALKING POSSESION FEE-REG 45 (2) (b)

ENFORCMENT FEE-REG 45 (2) (b) ........................................................................................£300.00

SCH 5 HEAD H FEE ..................£24.50 ...£24.50 ....£24.50 .....£24.50... £24.50 ....£24.50.....£24.50

TOTAL AMOUNT NOW DUE .....£802.20 .£837.85 ..£871.73 ..£936.16. £903.20 ...£957.24 .£865.01

Edited May 21, 2011 by ShinySheen
Post looks awful cam's get the colums to line up