Bristow & Sutor

[scorpio09]

Not sure if anyone can help but

 

just had a hand delivered letter posted through my letter box for A liability order against me for none payment of council tax to the value of £4129.05 plus £24.50 costs.

 

It is demanding full payment by 19.02.12 (today is the 14th ) or an agreement of £379.05 up front followed by 10 weekly payments of £375.00.

 

Nobody has spoken to me to find out what my income is or my situation, I honestly don't think it's worth phoning them to explain.

 

I have just been made redundant from my job and i am in receipt of contribution based Job Seekers @ £67.00 a week,

my husband has just been put on short time and only bringing home £145.00 a week and I am not being offered any help towards my rent due to my son earning £120.00 on an apprenticeship.

 

I appreciate that I owe this money and it does have to be paid but I have never spoken to anyone from this company

and the Council Tax are not willing to take the debt back.

 

What rights do these bailiffs have can they come in.

 

My neighbour has informed they popped round the back of my house is that legal..

 

Please help. Thank You

[padja]

DO NOT PHONE THEM.....Right they have no right to enter property unless you let them in or you leave a door or ground floor window open. there is two ways to deal with it one is to pay council direct using the councils online system, but keep them regular. You may be classed as vulnerable (others will know better if you are then the council have to take it back) Right lets deal with bailiffs threats

1 They can not force entry or get a locksmith to let them in

2 Dont let them in at all keep curtains downstairs shut (normal trick is can I come in to set up payment plan they then do a levy on goods) so keep them on the door step.

3 They can not get you sent to prison

4 They dont have a van round the corner to get the goods if you dont make a payment

Keep door locked and speak to them through letterbox if you have to speak to them however you dont have to speak to them, if you have a vehicles park them away from property and get back garden secured. I would start paying council via online (what you can afford dont pay what you cant afford) once bailiff realises his threats arent working they will send debt back to council then you can show council you have made payments on a regular basis and they should allow that to continue. but DONT RING THEM that is what they want you to do they are experts at scaring you with all sorts of threats.

[scorpio09]

Thank you that is really helpful, I am not easilly scared but I can imagine some people are. Is there a web page that I can refer to

[padja]

just look around here on forum theres loads of advice about bailiffs/vulnerable status

[ploddertom]

I'm not judging by saying this but to owe that much must mean this has gone on for 2/3 years or more and you will have more than 1 Liability Order against you. 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 Council can take things further if it appears they think you are wilfully refusing to pay. The ultimate sanction is for them to ask for a Committal Hearing where you can be asked to explain why payments have not been made and this can result in a term of imprisonment as a last resort. They can also make you bankrupt and if the house is your own can be made to sell it and saddle you with all the costs which could run to £30k or more.

 

Now the bad bit is out of the way there is a way to move forward and that is to pay the Council direct using online banking, Council website or automated phone. You may have to budget extra for lawful bailiff fees. If you do this it shows a willingness on your behalf and would make it hard for the Council to go ahead with further action. If you do do this then pay a regular amount at set intervals - £10 every Thursday for example.

 

You must remember that Council Tax is a priority debt which must be paid ahead of bank loans & credit cards. The 1 April is fast approaching when the new CT year starts and the worst you can do is to ignore that as it will only compound your problems.

 

PT

[tomtubby]

If a bailiff were to come into your house he would need to levy upon goods for approx £30,000 or more (auction value) to cover a debt for this much. There is no point at all in allowing the bailiff to have entry into your home as this will make your situation much worse and the fees would be simply unaffordable.

 

Given the size of this debt, it is very important indeed that you are able to demonstrate to the council that you are willing to make monthly payments against this debt as otherwise, there is a serious risk that you could be taken to court on that basis that you have "willfully refused" to pay your council tax. I am very surprised indeed that the council have issued Liability Orders for previous years any sooner. They should not have allowed the position to get this serious.

 

Please ensure that you put a payment proposal in WRITING to the council and I assume that you have applied for council tax relief following the recent job loss.