URGENT REQUEST help needed!

[Rosemarie21]

I am 21, never worked, always been on benefits, and in grands of debt from council tax and rent arrears from previous council accommodation that I don't think I am liable to pay.

 

I am receiving JSA in which i get £70 per every 2 weeks because I am currently paying back crisis loans, and my rent is £30pw there are gaps in my claim due to depression which caused me to stay home all day and not eat or sleep properly, which then meant my income was nil.

 

despite all that EQUITA is sending me numerous letters that don't even say how much they claim I owe. The most recent one received states the following:

 

REMOVAL NOTICE

 

Despite numerous previous applications for payment you have failed to pay the outstanding council tax due to Westminster city council.

 

Therefore, I have been issued your case so that I can call at your home within the next week with a removal contractor when I may remove your goods to the local auction house.

 

I would prefer that you were in attendance if your goods are removed and should another day be more suitable I urge you to contact me on the number below immediately.

 

should you prefer to pay the balance outstanding, call me to arrange immediate payment.

 

yours sincerely

 

David Furlonger

Bailiff in charge

telephone: 07970634413

 

 

please advise me on what to do or who to contact. thank you

 

[hallowitch]

Income Support & Job Seekers Allowance

 

NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are in receipt of income support or income based jobseekers allowance and that you wish for your arrears of Council Tax to be deducted at source from your benefits and requesting that the account is returned back to the local authority. You should provide a photocopy if possible, of either your benefit book or confirmation of your entitlement from the benefits agency.

 

 

—

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to

(seize/auction etc my goods.)

unless full payment of

(enter amount)

is made by return.

The purpose of this letter is to advise your company that I am in receipt of

(income support/jobseekers allowance)

and am enclosing as proof, a copy of

(payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to

(local authority)

(local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of

(my/our)

circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

Yours Faithfully.

 

[brassnecked]

You most likely fall into the vulnerable debtor category as per the national association of Enforcement Agencies guidelines 2002

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.
    

   

make sure you follow Hallowitch's advice and include the fact that your JSA and your depression clearly put you in that category.

[RaeUK]

All looking good ...

[brassnecked]

All looking good ...

 

Only fly in the ointment, is that the LA may say bailiff is only option as the DWP deductions for Crisis Loan repayment , mean that they cannot take a deduction from benefit, in this particular case, so Op needs to ask DWP for a reduction in the Crisis Loan deductions to allow for this council tax. In fact contact the council's Welfare Rigts department (if there is one) for help. Also be ready to initiate a Formal Complaint copied to CEO leader and MP if they persist in enforcement

 

Whatever you need to do to resolve this Rosemary21, Caggers are here to help