Forest of Dean District Council Council Tax - Arrest Warrant

[bristolmary]

All I'm sorry to post this in two places but I'm really panicking about whats going to happen.

 

I got a call today from a Bristow and Sutor bailiff who said an arrest warrant had been issued for me for non payment of council tax and he's coming to see me tomorrow at 6.

 

I was paying my ex to pay bills and it turns out he wasn't

I fell into a lot of debt.

The electric company have had to fit a meter to claim their money back as I couldn't pay them.

 

I was paying the debt company back an agreed amount and then I paid a sum in Jan 2011

which I thought would be the final payment of one of the debts,

but they didn't credit it all to that account apparently and I couldn't see where the rest of it had gone,

and I then fell behind again on payments.

 

I then lost my job in June (with no payment) and had to take a job with a lot less money and had to travel to work everyday

before I could work from home a lot so had no travel costs.

I then lost that job last week with less than a years service so again no payment.

 

It's not that I don't want to pay the council tax I just cant afford to.

 

I asked the baliff was it just a chat and he said it was just a chat.

 

When my ex left he took a lot of stuff with him (including all our plates and cutlery!)

and my parents took me out and bought a lot of stuff for me (my mum then died in Nov 11).

I really cant bear to lose things that she helped buy me.

 

When I fell behind before the baliff did come out and I gave him a big payment

but I think I must have left them in before as he had a list of things.

 

What will happen tomorrow?

Can he really take all my things?

Will I be arrested?

Or will he try and make some agreement with me?

 

I'm scared that after losing my job last week,

I'm going to lose all my stuff now.

 

I can't tell my Dad as he'll be so disappointed in me.

 

Can someone please advise me (in simple terms please so I understand!!)

what will happen or what I can do when he visits tomorrow?

 

Any help is appreciated.

 

thanks

Mary

[rebel11]

Hi bristol

 

The guys will be happy to advise as soon as they are available.

 

Thread has been moved to the correct forum.

[bristolmary]

Thanks Rebel, I wasn't sure where to post this and am (only slightly) having kittens over this now. Thanks for putting it in the right place.

 

M

[rebel11]

Hi bristol

 

You need to get the debt recalled by the Council. From what you've said your not working at the moment, is that correct?

 

This is list of vulnerable persons it is part of The nation standards of Enforcement agents 2002

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS MAY 2002

 

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
  

Send the council/bailiffs the following letter, you need to scroll down to 'Vulnerable Person'.

http://www.consumerwiki.co.uk/index.php/Bailiffs:_Useful_Template_Letters

 

Once the Council understand that you are a 'vulnerable Person' they should 'recall' the debt and stop any 'bailiff' action.

They will come to an arrangement to make payments.

[bristolmary]

Thanks for this but the guy is coming to my house tomorrow? What do I do when he turns up? Can he force entry? Or do I make him stand outside whilst we talk?

[rebel11]

I would fill in the details on the template letter, put it in an envelope. Hand it to the bailiff threw the letterbox. But also e-mail the correct council department the letter and call them first thing. Hopefully once he's read it, he will leave.

 

Thanks for this but the guy is coming to my house tomorrow? What do I do when he turns up? Can he force entry? Or do I make him stand outside whilst we talk?

[rebel11]

Also you need to find out where your payments have gone by sending a SAR request, but you can do this latter.

[rebel11]

Heres the e-mail for council tax :- http://www.fdean.gov.uk/nqcontent.cfm?a_id=6411&tt=graphic ,but chase up the e-mail tomorrow, with a phone call.

[dx100uk]

lets blow some myths out the water

 

for council tax

 

they CANNOT break in

YOU DO NOT have an arrest warrant issued against you

just scare tactics.

 

put others debts like mobile phones/payday loans etc

to one side till you get this sorted

 

never ever pay a bailiff if you can pay

do it by your internet banking site

 

the council cannot refuse it that way

 

do you KNOW how much the LO was for?

 

dx

[wonkeydonkey]

With pen at the ready contact the Council and get answers to the 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

 

When you get the answers post back here and caggers will advise further.

 

You must then do an Income and Expenditure sheet and send it to the Council with proof to being unemployed and ask they make attachment to your benefits.

 

While this is being sorted I would suggest you pay the Council direct, by way of online banking, Council website or automated phone line. (you will need all the relevant reference numbers to do this.) Alternatively you can pay in cash at the Council, if this is refused you politely ask for the name & position of the person who refuses as it will then form the basis of a complaint against the Council.

 

If you can only manage to pay £5 each week/fortnight to the liability order(s) then that is what you pay but make sure you do so on the same day weekly/fortnightly, this shows you to be a "want to pay" not a "won't pay",

 

Now to the bailiff: There is no law that say's you have to either deal or speak with any bailiff, if he calls and as long as you refuse to let him in he is powerless, so keep all windows and doors locked., from an upstairs window advise him you are dealing with the Council then close the window and do not get into dialogue with him/her.If you can film his visit and record all the idle threats he will throw at you at this time then that is all to the better.

 

We understand you will be afraid and that is what he will play on but if you have followed the above advice you are on your way to getting things sorted. He cannot break in with or without a locksmith until such time he gets a warrant to do so and they are rarely given unless you are blatently refusing to pay, he cannot arrest you,he cannot push past you, he cannot put any kids you might have into care, he cannot lock up your granny or aunt fanny or anything else his ego trip lets him threaten, so stay very firm and do not let him in, he does not need to use the loo or need a glass of water to take his medication so strictly NO ENTRY and never ever sign anything he asks of you. If you have a car park it many streets away if you have garden furniture outside then get it locked away, in short leave nothing lying around he/ she can levy upon.

 

Throughout all this never forget the Council are REGARDLESS of what they try to tell you 100% responsible for their appointed agents actions and behaviour.

 

WD

[MAGAR50]

Do not let him in to your home !!

 

Ring the council office as others have advised .

 

I made a formal complaint to the council about Bristow and Suter their tactics are dire.

 

Being under the vulnerable category my relative was persuaded to allow them in and they then promptly handed

him demand 70.00 pound charge for calling on top of the amount owed.

In any even he did not owe anything as being on a low income and was unable to claim housing benefit due to mental health

issues.

 

The council involved wrote ti him and allowed to pay at a rate he could afford but he still had to pay the charge to the bailiff !

 

I wish you good luck

[ploddertom]

You say he has gained entry previously and listed some things - can you list the goods seized previously exactly as described on the Notice of Seizure he left?

 

PT

[brassnecked]

You still don't have to let him in, and he will lie about his powers, do as ploddertom says and post what goods he listed, How much did the bailiff say you owe,? once you have the list of liability orders as per advice already given, Caggers can help work out which fees are valid. It might even be the levy will not stand if there is insufficient value in the goods listed, to pay off the fees removal and auction costs plus a proportion of the debt.

[bristolmary]

Hi all

 

Thanks for everything you've posted and I'm feeling a bit more positive. SO I think I need to:

 

Do 2 copies of the letter - give one to the Baliff and one to the council (I can drop the council one off by hand in the am)

REquest from the council all the information for the LO that wonkeydonkey mentions

Refuse to let the baliff in under any circumstances

 

He's not told me how much I owe but I believe it will be less than £5k. I think listed under goods was TV, DVD player, washing machine, and something like 'items in cupboard'.

 

My village is small but I will do my best to park my car else where and walk home.

 

Can I get away with putting the letter in an envelope and sticking it on my door?

 

Thanks all you're all great

M

[brassnecked]

If the debt was 5K the levy would have to be on goods to the value of £50k, if what you posted was all that was on the levy, it may be argued it was solely to garner fees for himself and his company. As to the "items in the cupboard" that is a no no, as it is an attempt at a global levy on unspecified items. all items siezed have to be individually listed.

[bristolmary]

I know for certain that he would not have been able to find goods in my house up to 50k. I'll have a look for the form as I'm sure I've still got it.

 

But I assume I've got the rest of my to do list right? And does it sound ok to you to stick the letter on my door or do I need to ensure he receives it as in hand it to him?

[ploddertom]

If you believe the debt to be about £5k then there must be multiple Liability Orders, therefore the request for the information listed in Post 10 is very important. The Council should be able to give you this initially over the phone. If there are multiple LO's then a pound to a penny the Bailiff is having you over a barrel with regard to his fees. You need to send off to them for a breakdown of fees, here's an example of what to use, adapt as you see fit and send initially be email followed by 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"

 

Email for B&S [email protected]

[RaeUK]

Just to reiterate one thing, bristolmary. You say you lost your job last week. Have you applied for JSA? Assuming you haven't got a million pounds under the mattress, then you can request an attachment to benefits (JSA) which the council should honour. This will be in the region of about £3.50pw or so. Very easy for them to set up ...

[brassnecked]

Just to reiterate one thing, bristolmary. You say you lost your job last week. Have you applied for JSA? Assuming you haven't got a million pounds under the mattress, then you can request an attachment to benefits (JSA) which the council should honour. This will be in the region of about £3.50pw or so. Very easy for them to set up ...

 

Very true Rae, yes bristolmary, es send a copy of your JSA award, stating that this puts you in the vulnerable category of the Enforcement Guidelines, and would they attach to the benefit, under those cirumstances tha bailiff should return the account to the council. please post back whith the council's response.

Edited February 29, 2012 by brassnecked

[bristolmary]

All

 

Thanks for your advice, I have a letter here ready for when he attends.

 

I've tried calling the council about the LOs but to no avail so will try again tomorrow.

 

I've had a bad nights sleep and not relaxed all day today so will feel better once he's been and gone this evening so that I can relax a bit more and take it all in.

 

I am going to the job centre tomorrow to talk to them, but they're not the most helpful here in the Forest so who knows.

 

I'll post more tonight after he's been.

 

thanks

M

[rebel11]

Hi bristol

 

You can send the letter via e-mail to the Council:-

 

http://www.fdean.gov.uk/nqcontent.cfm?a_id=6411&tt=graphic

 

[email protected]

[unclebulgaria67]

Keep trying to phone FOD district council and hopefully you will get through.

 

http://www.fdean.gov.uk/nqcontent.cfm?a_id=6390&tt=graphic

 

From what I have heard from people, the job centre plus offices are about as useful as a chocolate teapot. They don't deal with many things locally and you have to phone a central DWP (Dept of work and pensions) helpline. Only once you have navigated the DWP helpline and they have booked an appointment with your nearest job centre plus, will they get involved. Also to claim relevant benefits from your local council, they will need to have heard from the DWP.

 

I would see whether you can contact the council to explain the situation and then chase up the DWP for any benefits you are entitled to.

[bristolmary]

No joy from the council today so I'm going to go and visit them tomorrow and ask to speak to someone.

 

I've found a letter which tells me 'the date the liability order was granted against you' and that says 24 August 09 to 31 March 11. And at the the court date of 25 Oct 2011.

 

I must have missed this letter totally as this was when my Mum was fighting for her life in hospital...she died on the 19th November. It says the amount is £828.09 but I think it must be more than that but they dont so I'm happy to go with that!

 

It says on the paperwork that if I fail to appear an arrest warrant will be issued, so is this what he's come to do?

 

Last year I saw my doctor for depression and alcohol problems so I've included that in my letter as I've got a letter that he did me for my work at the time.

 

So I'm thinking if I can get rid of him tonight (do I just ignore him if he wont go away??) tomorrow I need to harrass the council for the information. And ask B+S for their information as well.

 

Sorry if I seem to be asking the same questions all the time but I'm so worried I think it's not all sinking in the first time around.

 

I also wanted to say thank you to you all who have posted help and advice so far. I do appreciate it. I hope that one day I can help someone like you've all helped me.

 

M

[bristolmary]

Ok guys sorry I've been told by someone that as I let a bayliff in, in 2010 that even if I refuse him entry today he can still gain entry when he wants? Is that right?

[brassnecked]

No he cannot gain entry when he wants and he cannot break in without permission from the council, and has to give you a time and date of attendance. You are a way away from that yet, the bailiff relies on fear to make you pay up.