Council refusing to take back council tax debt- Advice please

[alwaysindebt]

We had a visit from the bailiffs on Wednesday. We didnt open the door, and had a rather threating letter pushed through the door. After reading many posts on this site, we intend not to open the door or sign anything. Keeping all windows etc shut, but finding it tricky with the kids in and out all day!

 

My husband rang the council to see how he can sort out the ct owing - it is £5 from 2005, and £140 from 2008/09. We were on benefits! The bill is now £240, and my husband and I are out of work again with kids so cant afford to pay it in full. He offered to pay £5 per week of the orginal bill but the council have refused and said he must deal with the baliffs. They also informed him that they tried to take £5 per week from his JSA but was refused, no-one told my husband any of this or he would have agreed.

 

We are very worried as we dont want to speak or deal with the bailiffs, Can someone please advise

 

Many Thanks

Edited September 3, 2011 by alwaysindebt
spelling

[ploddertom]

There is no law that states you have to deal with or speak to a Bailiff. The Council tell you that you can only deal with the Bailiff and they cannot intervene - this is because they choose this route but in actual fact the debt always belongs to the Council and they can take it back whenever they want. The problems lies with the fact you only speak with those at the bottom who only have a script to speak from, those higher up the tree can speak a different version.

 

From what you say it may be that the debts arose from periods when you did not claim any Benefits - you must check with the Council for the times when these were owing. To gain further help you should enlist the help of your local Councillor(s) - details from your Council website - in my view they are available 7 days a week up until 9pm. If there is any refusal or reluctance you go over their head to the elected Leader of the Council and his opposite number.

 

As you are on Benefits you may be classed as vulnerable http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/enforcement/agents02.htm#part10 if so you must inform both Council & Bailiffs of your situation and ask everything is referred back to the Council.

 

In the meantime you must ensure you try to make payment, you do not have to pay the Bailiff but can pay the Council direct using Internet banking, Council website or automated phone line. If doing this you should make a payment regularly - £5 every Thursday for example - this will show as you are willing to pay.

 

The Bailiff is easily defeated if you refuse him access to your home each time he calls - he has no right of access but can enter if you leave your doors or windows unlocked. If you have anything lying loose outside it should be put under lock & key, and if you have a car this should be parked well out of the way - a good 10 minute walk perhaps. The Bailiff cannot seize anything on HP or other certain types of finance. You may owe certain legally chargeable fees but providing you deny him access or otherwise prevent him seizing any goods then the most you can be charged is a maximum of £42-50 consisting of a 1st visit Fee of £24-50 & a 2nd Visit Fee of £18-00, any more than this and you are being overcharged.

 

Hope this helps

 

PT

[1Loretta]

I think that you are presuming that the bailiffs will stick to the rules, a few weeks ago the bailiffs called here, 1st visit and forced our front door open by shouldering it, damaging the door frame, when I the police arrived, I called them, one bailiffs said that the door was wide open and they just walked in and the other other on said it was open about 18 inches and he pushed it wider and they just walked in, apparently the door frame was already damaged! so they will always say the door was wide open, not sure why it should be, and will always lie about everything else and charge huge sums which they are not allowed to do. This seems to be the norm and Councils should be ashamed of themselves allowing it to happen, they know perfectly well what goes on as it is so common it is a scandal

[brassnecked]

I think that you are presuming that the bailiffs will stick to the rules, a few weeks ago the bailiffs called here, 1st visit and forced our front door open by shouldering it, damaging the door frame, when I the police arrived, I called them, one bailiffs said that the door was wide open and they just walked in and the other other on said it was open about 18 inches and he pushed it wider and they just walked in, apparently the door frame was already damaged! so they will always say the door was wide open, not sure why it should be, and will always lie about everything else and charge huge sums which they are not allowed to do. This seems to be the norm and Councils should be ashamed of themselves allowing it to happen, they know perfectly well what goes on as it is so common it is a scandal

 

What bailiff firm was this?

[1Loretta]

Rossendales

[Pootling]

Oh joy, I'm about to do battle with Rossendales, what an arrogant lot!