Council tax arrears - sent to Rossendale bailliffs

[dpac123]

Hoping somebody can help. I have council tax arrears of about £3,300 for 2010-11 and 2011-12. Council have set up several arrangements and because the monthly payments were unrealistic, I was unable to keep up payments, so they have now passed it on to Rossendales.

 

Council have said to contact Rossendales but I haven't contacted them yet (it was passed to them yesterday). My income is well below £16k per year, but because of the trauma of financial hardship and trying to keep my head above water, I have been unable to complete the paperwork to the Council's satisfaction and am not in receipt of the 75% or so reduction I should be entitled to.

 

A few questions - how do I deal with the bailliffs/prevent them from visiting, is there any documentation I should be in receipt of from the council or Rossendales.

 

Getting a bit panicky here so quick responses appreciated...

[ploddertom]

If your income is as stated then the Council may see you as a won't pay instead of a can't pay. This is a priority debt and the ultimate sanction they have is for imprisonment. If you are having difficulties filling in the I&E forms then you must seek help to do so as these forms also are a legal requirement for which the Council have powers to take you to Court. They may even go for an Attachment of Earnings if you are working whereby you have no say in what is deducted.

 

You need to find out exactly your position with regards to what is owing. 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

 

In the meantime you should make the time & effort to start paying the Council, this can be done by online banking, Council website or automated phone line. To do this you must pay the same amount at the same interval - £10 every Thursday for example. This builds a payment history very quickly and puts you firmly in control, as should the Council seek further enforcement they will find it difficult.

 

As for the Bailiff, there is no law that says you have to speak to or deal with him. He may utter lots of threats but as long as you deny him access to your home or prevent him gaining a levy outside - a car perhaps - then he is powerless.

 

PT

[dpac123]

If your income is as stated then the Council may see you as a won't pay instead of a can't pay. This is a priority debt and the ultimate sanction they have is for imprisonment. If you are having difficulties filling in the I&E forms then you must seek help to do so as these forms also are a legal requirement for which the Council have powers to take you to Court. They may even go for an Attachment of Earnings if you are working whereby you have no say in what is deducted.

 

You need to find out exactly your position with regards to what is owing. 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

 

In the meantime you should make the time & effort to start paying the Council, this can be done by online banking, Council website or automated phone line. To do this you must pay the same amount at the same interval - £10 every Thursday for example. This builds a payment history very quickly and puts you firmly in control, as should the Council seek further enforcement they will find it difficult.

 

As for the Bailiff, there is no law that says you have to speak to or deal with him. He may utter lots of threats but as long as you deny him access to your home or prevent him gaining a levy outside - a car perhaps - then he is powerless.

 

PT

 

Why would they see me as a won't pay? There are two liability orders, the most recent dated July 2011. It was passed to bailliffs yesterday. Should I call bailliffs to try to arrange a payment plan or just pay the council each week and try to avoid the bailiffs?

[ploddertom]

When did you last make any payment?

[Feebee_71]

You should, if possible, avoid dealing with the bailiffs as they are likely to add lots of fees to your account and your payments will go to cover these fees before reducing your debt to the council.

 

As a question, why do you think your cue entitled to a 75% discount on the council tax? As far as I'm aware you can only claim discounts under certain circumstances such as single occupancy (25%) empty home if fully empty (no furniture) but only for a matter of months, student household (but only if all occupants are students) and, if you don't meet the criteria or can't provide proof of entitlement, you won't get any discount.

 

Feebee_71

[dpac123]

Last payment was £300 in March 2012. The reason for believing that I am eligible for council tax benefit is that my annual income is below £16,000. According to www.turn2us.org.uk I should be eligible for the maximum council tax benefit, which is about 25% of the usual monthly amount.

[wonkeydonkey]

"Why would they see me as a won't pay? There are two liability orders, the most recent dated July 2011. It was passed to bailliffs yesterday. Should I call bailliffs to try to arrange a payment plan or just pay the council each week and try to avoid the bailiffs?"

Regardless of the circumstances leading to it, you have a history of breaking payment arrangements, unless you can show the Council otherwise they would see any regular income should be ' managed' to meet priority debts ie: Council Tax....if you consider you may be entitled to CT rebate please remember that while a claim to that is being processed you are obliged to continue making regular payments to the liability order/s in place.

 

It is such you can pay the Council using their atuomated payment facilities but you will need to budget for bailiffs legitimate fees, £24.50 1st visit and £18 2nd visit..to get you into a position that could cease enforcement you will need to ensure you make regular weekly/fortnightly/monthly payments of a set amount on a set day/date...this will quickly show you are a 'can't pay'at the rate they want but I you cannot be seen as a 'won't pay'

 

Bailiffs will attend and it is here you will need to be vigilant...if they do not get access to your home or find anything outside (a car) to levy upon then there is little they can do other than return the debt to the Council when they get fed up.

 

WD

[ploddertom]

Last payment was £300 in March 2012. The reason for believing that I am eligible for council tax benefit is that my annual income is below £16,000. According to www.turn2us.org.uk I should be eligible for the maximum council tax benefit, which is about 25% of the usual monthly amount.

 

Withholding payment because you think you are eleigible for CT Benefit is not a valid excuse. You are supposed to continue paying and if you then end up paying too much you either get a credit against future bills or you can ask for a refund.

[dpac123]

I am not "withholding" payment - I simply haven't had the regular income coming in. I am going to try to make a small payment each week to build up a payment history.

[dazedndconfussed]

Regardless of what that website says, Im afraid on your income you wont be entitled to any council tax benefit

[dpac123]

Regardless of what that website says, Im afraid on your income you wont be entitled to any council tax benefit

 

I haven't said what my income is - only that it is below £16k. What is the real figure they take into account? Or am I wasting my time because income is not a factor?

[dazedndconfussed]

Ok sorry must have mis-read it. However, as you said less then 16k, I assume it is between 15 -16k (otherwise it makes sense you would have stated a lower figure).

 

I cant give you the exact cut off figure as it varies between councils but if its over 11k it is highly unlikely.

[ploddertom]

I am not "withholding" payment - I simply haven't had the regular income coming in. I am going to try to make a small payment each week to build up a payment history.

Do I take it you are self employed.

[brassnecked]

HI... This debt wouldnt have been passed to Rossendales without liability orders already in place.

It is practice for the LA to try and obtain payment from you first by their own methods prior to sending the debt to an outside agency.

 

The previous statement made is correct - you should continue to pay your council tax in accordance with your bill regardless of an application being in place for possible council tax benefit. Once your account has been summonsed you lose the right of paying by instalments and the full amount of council tax then becomes due.

 

Most councils will offer you a payment arrangement after this - usually based on your financial circumstances.

This will include costs from the summons and the liability order etc. This arrangement must be kept to or further recovery action continues - this is usually by a bailiff or even pre-committal action by the LA.

Council Tax after Mortgage, Rent, CCJs etc is a priority debt. I would suggest you try and make an arrangement with Rossendales and in the meantime try and sort out your benefit claim.

[EDIT].

Find a way to pay - try and get a mutually agreed amount with Rossendales by offering them your full income & expenditure.

 

Unlike most other debts Council Tax does possibly get to the point of committal action and the court will decide if it is Culpable Neglect (wont pay) or that you have had no means to pay. If it does go to court you could find not only have you incurred even more costs, but also that you will have a court arrangement that you WILL have to pay without question. I hope you get this sorted out and really think you need to sort your benefits and talk to Rossendales.

Try to pay the council direct Rossers will want a levy, and will engineer a default to add more fees they are not to be trusted, a bailiff would not know the truth if he fell over it, or it slapped him around the chops with a freshly caught sullen looking trout.

[assisted blonde]

If you dont get this sorted quickly you may find that the council put an attachment of earnings order on your salary they are very prone to doing this

[Cvt1]

You need to seek advice from a free debt adviser, such as CAB or Shelter and ask for the debt to be returned to court for a means assessment, so that what you can afford can be suitably calculated. You need to do this quickly to prevent further bailiff costs and levying of goods.

[brassnecked]

You need to seek advice from a free debt adviser, such as CAB or Shelter and ask for the debt to be returned to court for a means assessment, so that what you can afford can be suitably calculated. You need to do this quickly to prevent further bailiff costs and levying of goods.

 

The magistrates are not involved in this any further than rubber stamping a Liability Order, there is nothing in the Council tax Enforcement legislation to allow a court to do diddly squat at this stage, They cannot ask the court for a means assesment as it is not a fine or a criminal action, it is up to the council to agree a payment plan, or more likely tell OP to deal with rossers. The court will only be involved again if the council decide to go for committal to prison for wilful non payment, and that is a way down the road. Op has had good advice so far, but by all means they could go to CAB.

 

The only way to avoid a levy is to hide a car, and do not let the bailiff in. deny him a levy and he is relatively powerless, and the only legit fees he can ask for are a first and second visit fee a total of £42.50

[Cvt1]

As an adviser in this area, returning the matter to court is something that I do for clients on a regular basis, with success.

[seanamarts]

As an adviser in this area, returning the matter to court is something that I do for clients on a regular basis, with success.

 

For council tax?

 

perhaps you can fill us in how you do this.

[brassnecked]

As an adviser in this area, returning the matter to court is something that I do for clients on a regular basis, with success.

 

I would be most interested to see how you accomplish this one as many believe magistrates can't interfere in enforcement of council tax regarding setting payment levels, as normally this is out of their hands surely? Unless this is done as an oral assessment of means prior to a council seeking commital to prison, for willful non payment.

[dpac123]

I have a council debt of £900 which relates to 2011-12

where I applied for council tax benefit but the claim was denied

because the council "couldn't open" the PDF bank statements, etc.

 

Instead they requested 100+ pages of paper copies,

which I was unable to do because I couldn't afford the photocopies or toner for my printer.

 

Because I missed their deadline, the claim was denied.

 

I reapplied a few months later and this time provided paper copies (although they were able to open the PDFs this time).

 

However, by this time they decided that they couldn't backdate the claim,

which would have effectively cancelled out the £900 they say I owe.

 

I took the matter to an appeal and then an independent tribunal but both found in the council's favour,

because it was deemed I didn't have a valid reason for not supplying the info they requested.

 

Anybody who has been in debt will understand the feelings of helplessness and inability to do basic tasks,

but apparently councils or anybody affiliated to them don't.

 

The result is that I have £900 to pay,

 

so I asked the council if I could set up a payment plan with them.

 

They agreed but only through Rossendales, their friendly bailiff associates.

 

Given Rossendales atrocious track record for payments going astray,

I can see this debt increasing over time,

 

so my question is,

 

can I set up direct payments with the council?

Is there a precedent or legal case I can show them

- I would much prefer to pay the council direct rather than Rossendales.

 

Thanks, D

[brassnecked]

Their inability to open pdf is strange, complaints to Council CEO, Leader and your MP are an option, but pay council direct

[flexeh]

defo pay council direct. send emails advising you will be paying XX per month on top of your current council tax payment. That way if it ever gets took to a judge or court, you can say hey look ive been paying XX extra a month to clear arrears and didn't acknowledge any debt with rossendales. I made the mistake years ago of paying via bristow and sutor and ended up easily paying 1.5 times the original debt. That was before i found these sites

 

also dont ignore the debt as this is one of the debts that you can actually go to prison over

[dx100uk]

well only if you say you 'wont pay'

rather that 'cant pay'

 

dx

[dpac123]

Is there any report or document I can quote to stop the council in their tracks and allow me to pay direct rather than insisting I deal with Rossendales?