Advice please

[Helpme11]

Hi

Hope someone can help..

I have a total of around £13000 debt the main one is council tax arrears of around £6300

I have just had £10000 left by a relative so obviously this will be my priority to pay. Which leaves me with around £3500

My other debt is with debt management total of £6713

Now my question is should i pay whats left to the dmp or come out of the dmp and see if my creditors will come to settlement figures? I cant reduce the council tax as its with bailiffs! And they said there is no settlement figure offered with council tax! And because of the time they have had it the council wont take it back..even though i have been paying £200 a month for over a year with no missed payments!

Any advice would be appreciated.

Thankyou

[ploddertom]

I can't help with your other debts but can help with CT.

 

You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

 

The chances are the Bailiff will have overcharged you. Send off for a breakdown of the charges they have applied. Here's a sample of what to use, adapt as you see fit and send initially by email backed up with a copy in the post:

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

Has the Bailiff gained access to your home or otherwise made a levy on any goods outside - most notably a car? If so can you list the goods seized exactly as described on the Notice of Seizure.

 

Despite what the Council say you can pay them direct using online banking, Council website or automated phone - you will however need all the different reference numbers. You may also visit the Council offices and pay over the counter - if you do this and are refused ask for the name of the employee and their role within the Council as you will need this to make an official complaint as payment if offered cannot be refused.

 

If you need more help please post this also in the Bailiff forum.

 

PT

[Helpme11]

Hi thankyou

Yes unfortunatly the bailiffs have listed goods!

They have levied items so im paranoid about just paying the council incase bailiffs come round!

The council people today said we can not take the debt back as it was passed correctly to the bailiffs so therefore you have to deal with them??

[ploddertom]

Hi thankyou

Yes unfortunatly the bailiffs have listed goods! As said previously can list them exactly as described on the Notice of Seizure, if you owed £6300 then the Bailiff needs to levy on goods to the value of approx £60K and no that is not a misprint, they are also renowned for listing goods that are exempt!

 

They have levied items so im paranoid about just paying the council incase bailiffs come round! So what's another grumpy Numpty is neither here nor there. Are you aware that even if he calls again you do NOT have to let him in. He may stamp his feet, throw his toys out of the pram and threaten all sorts but he is all wind & p**s.

 

The council people today said we can not take the debt back as it was passed correctly to the bailiffs so therefore you have to deal with them?? Regardless of what the Council say they are 100% liable for the actions and fees the Bailiff charges. Are you awre that a lot of Councils outsource their back office procedures to a Company called Capita who in turn own 2 Bailiff companies - Equita - & - Ross & Roberts. There is no law that says you have to deal with or speak to a Bailiff - do not hold a conversation with them unless you can record the call - they have selective memories on recall.

 

Take the time to read a few threads in the Bailiff Forum.

 

PT

[Helpme11]

Sorry for sounding thick!.. But i dont understand the levy bit??

Also should I advise bristow and sutor that i am now paying the council direct?

Im just worried they will turn up with a van etc to take the levied goods! . The next payment is due 30th jan but the money i mentioned in first post im not likley to actually recieve until mid feb...is there a sample letter to advise them that i am going to pay council directly?

Thankyou.

[ploddertom]

Sorry for sounding thick!.. But i dont understand the levy bit?? When the Bailiff attended did he make a list of goods, did he leave you a copy of this, did you sign it? It is the goods on this list we need to see to prove whether in fact the levy is valid - this is very important

Also should I advise bristow and sutor that i am now paying the council direct? Not yet

Im just worried they will turn up with a van etc to take the levied goods! . The next payment is due 30th jan but the money i mentioned in first post im not likley to actually recieve until mid feb...is there a sample letter to advise them that i am going to pay council directly? Pay as normal for now until such time you are in a position to pay in full. I guarantee otherwise they will engineer a default on your account in order to garner more fees. Send off for the breakdown ASAP.

Thankyou.

 

PT

[Helpme11]

Thankyou for your help.

I will dig out the list and get breakdown and put it on here for help so i know exactly what i should pay!

The council told me the sane amount bailiffs are asking..even though i said i need the total without bailiff fees!.

Thankyou

[ploddertom]

We can help you sort out what you need to pay and help overcome any overcharging or unlawful fees the Bailiff has applied. I suspect the fees will be large as they will have applied charges to each LO where they are all dealt with at the same time. Don't forget at the end of day the Council will be held accountable.

 

PT

[Helpme11]

Ok just quick question bristow have said my 3month agreement is up! And before making my next payment i must phone them to make new agreement. I can currently only pay what i have been but in the past they have bullied me into increasing the amount!.. My question is should i just take the risk and start paying the council direct?? The only problem is as you can see from my previous post they have gained entry before and levied goods just dvds ,tv,microwave,a laptop i dont own anything expensive..

Can they force entry if i just pay the monthly installment for this month to the council? I tried speaking to the council yesterday but had no joy! They said it must be taken up with the bailiffs.

Thankyou

[Helpme11]

Forgot to add...my car is always parked on the drive but is under finance am i correct in thinking they cant touch this??

Thanks again

[Helpme11]

Sorry just need to give an update...

Just spoken to council and confirmed i can make payments to them but this wont stop the bailiffs??...so they (council)will accept my forced payment to them but i will still be chased by bristow and sutor for there charges.. Surley this cant be right? How can they still come after me if ive made a payment to the council?

[wonkeydonkey]

Pay the Council direct until as PT advises you get to see exactly what fees the bailiff believes he is entitled to are legit...you just might get a pleasant surprise?

If the bailiff returns its simply a case of ignoring him..... there is no law that says you have to deal with him or indeed even speak with him...he will as a matter of course(especially when he sees his beer fund is going to disappear) attempt many threats eg. arrest you, break in with a locksmith. clamp your car, put your granny in a home, have any kids taken into care.....the reallity is he can do absolutely zilch,nowt or any other form of nothing you can think of.

 

WD

[Helpme11]

Thankyou for reply . But the woman at council said if i pay them and not bailiff that bristow will force entry!??

What is worse case senario if i just pay council considering they have been in the house and levied goods?

[wonkeydonkey]

Bulls*it...to force entry they would have to go through a very complex process to get the right to do so...they will not get that permission because you are paying the liability order and have not refused, defaulted on the payments. You will find your Council have most likely out sourced their backroom operation to Capita and you may be thinking you have spoken to the Council but in fact you have been talking to the bailiff back room staff and we all know they will lie to the point of being hung drawn and quartered.

I repeat it matters not if the Bailiff has previously been in the house, he can sleep in the same bed if thats your fancy but it still means when he returns he must make peacable entry and if you deny him that then we go back to the begining 'to force entry they would have to go through a very complex process to get the right to do so...they will not get that permission because you are paying the liability order and have not refused, defaulted on the payments'

If you follow the advice as many before have done then you will be OK... as for advice..... PT is one of the best to give it !!!!

 

WD

Edited January 25, 2012 by wonkeydonkey

[Helpme11]

Thankyou soooo much! I will pay the council and see what happens!...

[ims21]

Thread moved to Bailiff Forum

[tomtubby]

I can appreciate that you are worried but PLEASE can you STAY CALM !!

 

In the morning ring the council and ask them the following:

 

What are the PRECISE amounts of the Liability Orders issued to the bailiff company.

 

Next, do NOT post a copy of the levy notice but can you LIST the items on here. This list will probably consist of a sofa, TV, DVD etc.

 

On the Notice of Seizure or probably, the Walking Possession Agreement, can you see what charges have been added the the account.

 

The above information is VERY IMPORTANT indeed.

 

You have been left some money and can clear the council debt. HOWEVER, please DO NOT let the bailiff company or council know about this money.

 

Please post back with the information and this problem can hopefully then be resolved tomorrow. Try NOT to worry.....

[Helpme11]

Thankyou

I am trying not to panic! . But there is now another spanner in the works ... I can only pay £2500 of the arrears.

Anyway that is still a portion of it that will be cleared!

I will speak to council and get the details above. In the meantime bristow have said they will post me a breakdown of the charges.

Thanks again for your help.

[Helpme11]

Just spoken to council and have the following information:

Liabilaty order 2009- £1060.24

Then LO for 2010-£370.57

 

The rest of the info i have to get from bristow I am awaiting there breakdown of charges letter in post.

Will find out the list of levied goods/charges and post them here soon as i get them.

Thankyou

[tomtubby]

You need to make some urgent enquires BEFORE considering making payment to the bailif company. You initially said that the arrears of council tax is £6,500 and yet according to the council BOTH liability order are ONLY for £1060 and £370. Something is wrong somewhere.

[Helpme11]

This is what bristow emailed me before i asked for breakdown of charges:

 

We can confirm that your current outstanding balance is £6394.24.

 

Will see what the breakdown says! Wish i did this ages ago as have been paying the £200 a month for a while now!

[tomtubby]

The local authority are WHOLLY RESPONSIBLE for both the levy and fees charged by THEIR AGENTS.

 

Can you immediately call the council and say to them that you have spoken to them today and they have confirmed the amounts of two Liability Orders and yet, THEIR AGENTS are claiming that you owe £6394.24.

 

Advise the council that the difference in the two amounts is so serious that you require THEM to obtain all of the information regarding the charges made by THEIR AGANT and that until such time as this is been sorted out by THEM that you require confirmation that they have instructed THEIR AGENT to hold all action on this account.

[Helpme11]

Ok they have now given me correct amounts!

Apparently they were looking at the wron account 1st

Following lo's:

2007- £428.74

2008-£1422.75

2009-£1422.79

2010-1547.75

2011-£1547.75

[daddyboo]

Got letter from b and s today and all it says it total arrears!

No breakdown and no copy of levied goods!

I tried to send the template letter from here but you can only contact them via there website which only lets you put in certain amount of words!!

Does anyone have an actual email for them?

In the mean time I will post a letter to them!

I made very clear in the initial email that i required full breakdown! Arrangement that is currently in place comes to and after this month..so i am sure they will try to bully me to put up the monthly payment when infact i cant afford to pay what i am paying now!

Edited January 29, 2012 by daddyboo

[Helpme11]

Just realised my friend was still logged in to my pc!

She has similar probs with b and s! So

Post has come up daddyboo!