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I received a hand delivered letter today with the above heading with regards to unpaid council tax, a Liability order was issued on the 12th May this year. Having had a read through a few post I was wondering if I can pay this on-line, inform the council its been paid on-line and ask for confirmation of payment and withdrawal of the bailiffs?

The sum is only around £210 and although I cant really afford to pay as I'm on employment and support allowance, I could pay.

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Yes you can pay it online and print the receipt as proof of payment. If a bailiff turns up, tell him the matter has been resolved and closed.

 

If you are on benefits, why are you paying council tax? Apply for the necessary rebates.

Professional property investor and conveyancer

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This applies to council tax form last year, I knew I had arrears and agreed to pay so much per week but with verylittle work got behind on the payments and never received anything from council about it going to court. Phoned council today about it and the fact I'd never received anything but they just said it had been sent out...

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to what address?

 

The law says the council must send you a "final notice" or a "reminder" by post to your current address before making an application to a magistrate for a Liability order against you. As there is compelling evidence the council failed to do this, you can ask the council to roll the case back to pre-liability order stage and cease enforcement action immediately.

 

The law is Section 33(3) and 34(1) of the Council Tax (Administration and Enforcement) Regulations 1992, http://www.legislation.gov.uk/uksi/1992/613/regulation/33/made

 

Contact the council and ask them to comply with Regulation 33(3) and 34(1), but if they are unwilling to do so, then you have a right to ask the Local Government Ombudsman to intervene. You can even ask for compensation, the award of this type of non-compliance by a council is typically about £100 per instance. Awards can be more if you have already received a bailiff or paid a sum of money to one.

 

Also, contact your local councillor and get him on side.

Professional property investor and conveyancer

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Get back to the council, and tell them that you are on ESA so are vulnerable under the national Association of Enforcement Agency Guidelines 2002, and as long as it is Income Based ESA, they can deduct from benefits. If the bailiff turns up, tell him this also

 

Others will know more.

 

have you applied for Council Tax/Housing benefit for your current claim?

We could do with some help from you.

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The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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Find out, you might have some recourse.

 

A vulnerable person means http://www.dca.gov.uk/enforcement/agents02.htm#part10

 

If you need help from a professional body in dealing with bailiffs then Z2K might be able to help. http://www.z2k.org/supporting-vulnerable-households

Professional property investor and conveyancer

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I'm receiving housing and council tax benefit at the moment so they know I'm on ESA but I'm not sure if its income or contributions based

 

As you are in receipt of benefit follow Fork-it's advice regarding non receipt of the Final Notice to your present address citing that according to Section 33(3) and 34(1) of the Council Tax (Administration and Enforcement) Regulations 1992, http://www.legislation.gov.uk/uksi/1...lation/33/made they should cease bailiff action and return to the pre liability order stage and arrange a nominal deduction from your ESA which is a deductible benefit like Income Support was/is

 

and also tell them that as you are on ESA and NOW also Housing and CTax benefits you are vulnerable so bailiff action is inappropriate anyway.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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