Jacobs counsil tax liability order

[Picklez121]

Hi all

quick story,

 

I own my flat and haven't payed ct since I got here about 18 months ago.

 

As soon as I moved here I got ill and had to stop working,

I had a major operation on my chest in feb this year and I'm still recovering so I'm not working,

 

I've had loads of letters from northampton counsil to pay my tax but it's been the least of my worries as I'm broke at the mo,

all my saving are tied up in the flat which I have now put on the Market to sell as I can't afford as I might not work for a while,

 

I had a letter through today from Jacobs saying they have a liability order and I owe just over £1400 in unpaid tax,

I know I don't need to let them in or talk but I would like to talk to them when they turn up on camera,

if they get into the communal hall outside my door of the flat are they trespassing?

 

I haven't contacted council or Jacobs yet and they haven't been round,

the letter said hand delivered but it was put in the post box downstairs not to me at my door.

 

Any thoughts?

 

Many thanks xx

[dx100uk]

you REALLY need to be at least talking to the council about this

 

you should not be burying your head about CTax.

1ts an important priority debt, p'haps 2nd to mortgage

 

are you not on benefits?

 

dx

[Picklez121]

Yeh I'm on income and support allowance it's the new sick pay, I'm gona call them tomorrow, thanks for your quick reply. Paul

[lordcrocket]

Personally i would'nt call any bailiff company any more and send them any letter recorded delivery ( this is not legal advice ) i've called them before in the past and they lied to the police saying i was abusive etc so please be warned.

 

Council tax liability orders should be signed by the judge and people have the right to know who sit's on the judgement

 

“The Court is required to provide this information to the parties in the case, and any others having an interest in the case (i.e. witnesses etc.) by virtue of the judgement in the case ‘Regina v Felixstowe’ justices ex parte Leigh and another, Queens bench division c 1984/5.

Held by Lord Justice Watson that :-" There is a right to know who sits in judgement, and denial of that right is unlawful, unwarranted and inimical to the proper administration of justice, further that there is no such person known to Law as 'the anonymous JP'.”

“The practice among some Magistrates of claiming anonymity has been declared unlawful (R v Felixstowe Justices (ex parte Leigh) [1987] 1 All ER. 551, DC).

Open justice, it was said, demands that the names of those who sit in judgment should be known."

 

may be of some use

[lordcrocket]

Personally i would'nt call any bailiff company any more and send them any letter recorded delivery ( this is not legal advice ) i've called them before in the past and they lied to the police saying i was abusive etc so please be warned.

 

Council tax liability orders should be signed by the judge and people have the right to know who sit's on the judgement

 

“The Court is required to provide this information to the parties in the case, and any others having an interest in the case (i.e. witnesses etc.) by virtue of the judgement in the case ‘Regina v Felixstowe’ justices ex parte Leigh and another, Queens bench division c 1984/5.

Held by Lord Justice Watson that :-" There is a right to know who sits in judgement, and denial of that right is unlawful, unwarranted and inimical to the proper administration of justice, further that there is no such person known to Law as 'the anonymous JP'.”

“The practice among some Magistrates of claiming anonymity has been declared unlawful (R v Felixstowe Justices (ex parte Leigh) [1987] 1 All ER. 551, DC).

Open justice, it was said, demands that the names of those who sit in judgment should be known."

 

may be of some use

[brassnecked]

Your claim for ESA shold have meant a claim council tax benefit was submitted with your claim pack. if not why not? It is available to owner occupiers as well, and many people are caught out because they think they aren't entitled but actually they are.

 

As you were entitled to CTax benefit on the face of this and you are on ESA, you should be classed as vulnerable under the guidelines that both they and the bailiffs have signed up to .

 

at the least the council should recall the case from the bailiff, when you provide proof of your entitlement , but may well not do so without coaxing, You should also ask for a backdating of the benefit which would wipe out the arrears, again they will be extremely reluctant to do this. You should be prepared to contact your local councillor for help, and refer it to your MP also A Formal Complaint may then be an option later, when they carry on with enforcement in the face of the evidence . Your MP is contactable as are councillors through http://www.writetothem.com But your councillors phone number should also be on the council website

 

Vulnerable situations

 

 

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
  
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
  
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
  
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
  
• Those who might be potentially vulnerable include:
  
  • the elderly;
    
  • people with a disability;
    
  • the seriously ill;
    
  • the recently bereaved;
    
  • single parent families;
    
  • pregnant women;
    
  • unemployed people; and,
    
  • those who have obvious difficulty in understanding, speaking or reading English
    

   

 

There is no law that says you have to deal with a bailiff, and you DO NOT HAVE TO LET THEM IN, it would be wise to hide any cars a few streets away, to help deny them a levy.

 

 

Don't worry Caggers are here to hklp you sort this, and it CAN be sorted

 

BN

Edited October 21, 2011 by brassnecked
extra info

[Picklez121]

Thank you all for the replies, I'm very grateful, I just spoke to the counsil, they are putting the account on hold for 2weeks while I write to them providing info on my illness and when I got sick, no bailiffs will call and they said I can make a payment to the counsil direct if I want, so I'm guessing they are taking the account back from the bailiffs, they said about ct benefit they are sending me a form. They also said it could possibly be back dated. They lady was very nice and helpful who I spoke to, I was quite supprised lol, see what happens? Many thanks again guys great info. Pauly x

[ploddertom]

One thing to be wary of - it is now Friday afternoon & no doubt the Council finish early. Beware the Bailiff attending after 4pm today, or tomorrow, or first thing Monday morning when he will claim he knows nothing of the notifications from the Council.

 

PT

[brassnecked]

One thing to be wary of - it is now Friday afternoon & no doubt the Council finish early. Beware the Bailiff attending after 4pm today, or tomorrow, or first thing Monday morning when he will claim he knows nothing of the notifications from the Council.

 

PT

 

 

Yes as per PT, if the bailiff calls keep him out, and tell him to go away as the council have taken it back, film him on a mobile phone through the letterbox if you can to capture his threats as they have occurred after the council has withdrawn them, even though he will claim otherwise in a last ditch attempt at some beer tokens for Saturday night.