advice please - levy ?

[blueforever]

hi all, excellent forum

 

apologies for a new thread, have read through a lot and not really any clearer

 

i have quite a bit of council tax owing, just shy of £3k although that probably includes a lot of bailiff's charges etc

 

i was paying 120/month to bailiffs until i lost my job in february at which point i stopped

 

am now being chased by a new set of bailiffs, i called them on monday to explain that i am still unemployed and to try and set up a new payment plan

 

the woman i spoke to said the bailiffs would have to come round and levy (?) my goods before they could discuss a payment plan

 

she said i had until thursday to call them back and agree to this, i've never heard of this procedure, is she correct ?

 

any advice greatly appreciated, i have a wife and kids here and i really dont want to live in fear of a knock at the door and strangers wandering in to take the telly away

 

many thanks

[Ell-enn]

Do NOT let the bailiff into your home. They do not need to levy on goods before agreeing to a payment plan - they say this to scare you into paying them. You can make payments direct to the council online if you need to. Which council is it? Did the council write to you to tell you they were instructing bailiffs or give you an opportunity to come to an arrangement with them before they sent to bailiffs?

[blueforever]

thanks, thought it seemed odd

 

its croydon council, i dont remember them telling me they would instruct bailiffs although it is possible if i'm honest. i'm sure i have lapsed payment plans with them in the past

[Ell-enn]

Which bailiff company is it?

[blueforever]

whyte & co

[blueforever]

they said i had to call them by tomorrow ? should i ? would i be better sending a letter ? i am aware it has to be paid but obviously only at a rate i can afford

 

sorry for all the questions

[brassnecked]

Whatever you do DO NOT let a bailiff into your home to do a levy, it allows them to open a whole new world of fees they can add to your account. there is no law that says you have to deal with a bailiff.

[ploddertom]

Have a good read of the other posts one here to get a flavour of how things should be done.

[tomtubby]

The very first thing that you need to do is to clal the council and obtain confirmation of the amount of the Liability Order.

 

Did the previous bailiff ever come into your home. If so, what goods were levied upon?

 

Has the bailiff ever levied upon a car?

 

Can you get details of what charges have been applied.

[blueforever]

thanks

 

no, a bailiff has never entered my home, previously i have just set up payment plans with them

 

i will contact the council today and clarify what i owe them, do i not have to pay all the extra charges then ?

[tomtubby]

If a levy has not been made upon goods then the fees that can be charged are severely limited to a MAXIMUM of £42.50. This fee represent the maximum two visits for "attending to levy" (where no levy was made).

 

Please post back one you have received details of the amount of the Liability Order. It would also assist if you call the bailiff company ( before posting back here) to ask them if any fees have been applied to your account !!

[old bill]

Please be aware that any certificated bailiff company holding an OFT Debt Collection Licence is required to comply with OFT Debt Collection Guidelines as well as all other legislation relating to their work. Non-compliance with the Guidelines is regarded as a breach of the conditions of the licence and can lead to restrictions being imposed or the licence being revoked or its renewal refused. Refusing payment plans proposed by the debtor, attempting to put the debtor into even further debt or making or attempting to make the debtor pay amounts they cannot afford is a breach of the Guidelines and, consequently, a breach of Licence. OFT Credit Fitness Team is already investigating a number of serious complaints against certificated bailiff companies. Any unacceptable conduct by certificated bailiffs, regardless of who they are acting on behalf of, should be reported to OFT and Trading Standards, as opposed to submitting a Form 4 complaint. As Tomtubby has said on other threads, Form 4 complaints are for serious misconduct by bailiffs.

[brassnecked]

I would concur wil oldbill on this one as financial wrongdoings are best handled by getting them investigated by people, v like the OFT who can close them down, whilst Form 4 is reserved for the extremes where they lie to police assault a debtor, and force entry, then claim victimhood themselves, when the debtor defends themselves and other associated shenanigans.

[blueforever]

update

 

i seem to be owing council tax for 5 different periods, totalling £2840.38, i am not querying this

 

whyte & co therefore send me 5 different sets of letters each time, current costs stand at £212.50 plus levy fees of £211 despite them never having put a levy on any goods, this can't be correct ?

 

i have had several letters from them, the latest saying the liability order would be returned "nulla bona" which may lead to an application for my committal to prison

 

i also emailed them saying i was willing to set up a repayment schedule and received this response

 

We are willing to set up a repayment schedule with you but only on the basis that we first secure the debt and enter into a walking possession agreement.

Contact us urgently to arrange a levy appointment.

 

any advice on my next step greatly appreciated

 

thanks again

[outlawla]

We are willing to set up a repayment schedule with you but only on the basis that we first secure the debt and enter into a walking possession agreement.

Contact us urgently to arrange a levy appointment.

 

I don't see what choice the council has in the matter. The council is obliged to accept whatever payment you make. I'd be very suspicious about entering into a walking possession agreement. This can only be to your disadvantage.

[Ell-enn]

They do not have to levy your goods in order to enter into a payment plan, that's what they want to do, not what they have to do. If I were you I would start paying the council direct via their website and write a letter telling them that's what you are doing as you feel stressed by the bailiff demanding to enter your home.

[blueforever]

thats exactly what i will do, thanks

[hallowitch]

whyte & co therefore send me 5 different sets of letters each time, current costs stand at £212.50 plus levy fees of £211 despite them never having put a levy on any goods, this can't be correct ?

 

 

no its not correct and ask them why on earth would they want to come in to levy goods according to their fees they already have one/several

Edited August 22, 2012 by hallowitch

[old bill]

I would strongly advise you to check with OFT Credit Fitness Team as regards Whtye & Co's CCA Licence and whether they are properly licensed to enter into the arrangement they are proposing. You would be best doing this by email to [email protected] and insert CREDIT FITNESS into the subject box. You need to explain to OFT Credit Fitness what Whyte & Co has proposed and ask them to confirm if Whyte & Co's CCA Licence allows them to do this. If the response you receive back is that Whyte & Co are not authorised to do so, then lodge a formal complaint against them.

[wonkeydonkey]

Are these all 'old' liability orders or do they extend in the current financial year 2012/2013?

WD

[blueforever]

they are old

[blueforever]

good advice old bill, i will do that email now

 

and thanks hallowitch, good point, i shall ask them

[ploddertom]

 

i have had several letters from them, the latest saying the liability order would be returned "nulla bona" which may lead to an application for my committal to prison

 

 

In my view the clue to the next step is in this response above. They are alleging they have made a levy + the other charges they want yet they state the above which is saying they know you have no goods of sufficient value and want to return your account to the Council. AS for the threat of Committal this can be overcome simply by making regular payments to the Council.

[wonkeydonkey]

they are old

 

In which case they are treated as non priority debts and just pay the Council what you can afford each week....if that turns out to be £1 per liability order then that is what you pay...make sure you pay the same amount on the same day every week/fortnight/month, the threat to committal proceedings will then remain just that....a threat!!!!

 

WD

[blueforever]

thanks wd, thats very helpful i didnt know that at all

 

i am having trouble getting hold of the council at the moment but thats very useful information

 

thanks again all who have replied, great forum