Notice of seizure of goods re:Council tax liability order

[Oldshep]

I need a little bit of advice.

 

I'm not sure what to do next.

 

Long story short, we have been struggling finacially for some time now. We aren't entitled to any benefits as my husbands take home pay falls just above the limits. this year we have managed to stop three repossession attempts on our home, and I have managed to get a little part time job to try and keep us afloat.

We are struggling but surviving, but some things just don't get paid as there is just not the money to pay them. the council tax from last year is ona liability order and I'm due to go to court on the 22nd to try and organise some form of payments for this years. I offered to pay £50 a month on last years, but due to a drop in my husbands wages and it actually costing me half of my meagre wage just to get to and from my job we just haven't been able to afford it.

 

This afternoon I found a notice of seizure of goods in my letterbox, the bailiffs has levied against my 20yr old mpv that isn't worth scrap value as it was a cat c write off, and is noted as such on it's V5 but without it I can't get to work.

 

I have 5 days to pay £700 plus £112 in fee's (my sense of humour didn't fail me when i noticed that the bailiff couldn't add up and thinks his 3 sets of fees plus amount owed comes to £788.50 so I had asmall chuckle) otherwise I'm not sure what to do. The old bus certainly isn't worth the amount stated plus removal fees/auction fees etc. And I have no goods in my house what we have are neccesities, we have nothing of any worth, even this pc is over 5yrs old and on its last legs.

 

I feel like I'm being intimidated into paying, however I don't have the money to pay, I can make a realistic offer to the council but I know what will happen, even though the council consider me vulnerable they will refuse to deal and tell me I have to negotiate with the bailiffs, they will want an amount that there is no way on earth i can afford.

 

Can anyone please advise?

[brassnecked]

First thing you could complain to council that you are aggrieved by the levy as the goods are of insufficiebt value to pay all fees and a portion of the debt, leading you to believe that their agent the bailiff has levied solely for financial gain, when they should have returned the debt nulla bono insufficient goods,

 

have you done a benefit self assessment on http://www.turn2us.org.uk/ you may be entitled to some council tax benefit

 

You need to ask the council asap

How many liability orders they hold for you

How much is owed on each one

When were they obtained

When were they passed to bailiffs for action

 

If the bailiff has more than one Lo and has levied for them on the same day, he cannot charge more than one set of fees, and can only levy once as after the first levy, he effectively owns the goods so any subsequent levy means he is seizing his property, a no no. All this is good grounds for the complaint

Edited August 13, 2012 by brassnecked
correct link

[Oldshep]

Thank you I'll be speaking to the council tomorrow morning. there is only 1 liability order at present, another is due on the 22nd for this years council tax.

 

When i went to one of the possession hearings beginning of the year, the gent from CAB that helped me, took all our details and looked into what benefits we may be entitled to and said we weren't eligable, my family tax credit was stopped 2 yrs ago as my husband earnt about £500 more than he should have and they wanted £500 back as an overpayment. I never bothered to renew knowing I'd get nothing.

 

Thank you for the link to the site, I will have a look through it, I've just put hubbies last years earnings thru and sods law it says we are entitled to £48 per week family tax, which is what we were getting before they said we were'nt entitled - Family tax credit has always boggled my brain! Will phone them tomorrow and put in a new claim and see what happens.

[lookinforinfo]

When you are at the Council offices, you really must try and make an arrangement with them over this years tax. The last thing you need is two L/Os and bailiffs trying to

rip you off for two debts at the same time. Show the Council how they have already started overcharging you which means it will take you longer to pay the Council.[i know you

are not going to pay the bailiffs but infer to the Council that you don't know enough about what bailiffs charge to be able to catch them out all the time]. From your benefit claim

the Council will know that you are a "can't pay", not a "won't Pay" so ask them to treat you fairly as a vulnerable family. Point out that the quicker they sort out your benefits,

the easier it will be for you to stick to a payment agreement and pay off your taxes that much quicker.

 

Also point out to the Council that they have levied on your car which is not worth anything like the amount the Council require. So the bailiff gets his fees, the Council get nothing, and

your income will go down as you will be unable to get to your workplace. And oh yes, your benefit claims will go up too. It might work though logic does not seem a strong point with most Councils.

[brassnecked]

When you are at the Council offices, you really must try and make an arrangement with them over this years tax. The last thing you need is two L/Os and bailiffs trying to

rip you off for two debts at the same time. Show the Council how they have already started overcharging you which means it will take you longer to pay the Council.[i know you

are not going to pay the bailiffs but infer to the Council that you don't know enough about what bailiffs charge to be able to catch them out all the time]. From your benefit claim

the Council will know that you are a "can't pay", not a "won't Pay" so ask them to treat you fairly as a vulnerable family. Point out that the quicker they sort out your benefits,

the easier it will be for you to stick to a payment agreement and pay off your taxes that much quicker.

 

Also point out to the Council that they have levied on your car which is not worth anything like the amount the Council require. So the bailiff gets his fees, the Council get nothing, and

your income will go down as you will be unable to get to your workplace. And oh yes, your benefit claims will go up too. It might work though logic does not seem a strong point with most Councils.

 

Like the logic lookinforinfo, and it is well worth a punt, but OP should also get their local councillor involved and be prepared to issue a Formal Complaint. as they are aggrieved by the levy on worthless goods which can only be for the personal gain by their agent the bailiff for which they are wholly liable. OP could intimate that if complaint not dealt with council could be named as Defendant in a Regulation 46 Complaint at the magistrates court

 

OP what bailiff company and council is this?

[Oldshep]

I'm just in the queue to family tax credit to see if I can make a new claim. They are sending me a claim form...so thats started.

 

I've fired off an email to the council - It's warrington borough council and the bailiffs are Bristow and Suter.

 

I need to go into the council and speak to them but want them to have read the email first as I'm not very good face to face (I suffer panic attacks, which they know)

 

I agree on the logic although we all know most places these days haven't a clue about logic! The council have insisted for 8 yrs that I'm a Ms and am soley liable for my council tax, (refusing to allow my husband to deal with it) yet they know I'm married and have only this year stuck my husbands name on the bill.

[brassnecked]

I'm just in the queue to family tax credit to see if I can make a new claim. They are sending me a claim form...so thats started.

 

I've fired off an email to the council - It's warrington borough council and the bailiffs are Bristow and Suter.

 

I need to go into the council and speak to them but want them to have read the email first as I'm not very good face to face (I suffer panic attacks, which they know)

 

I agree on the logic although we all know most places these days haven't a clue about logic! The council have insisted for 8 yrs that I'm a Ms and am soley liable for my council tax, (refusing to allow my husband to deal with it) yet they know I'm married and have only this year stuck my husbands name on the bill.

 

They are muppets your husband could complain to the Data Commissioner that the council were refusing to deal with your husband. Other options are to as suggested pay direct an amount you can afford off last years and also allow you to pay the current year also. you could ask them to take bristols and stupor off the case but they will refuse, you could point out that as they are attempting to rip you off you don't trust the bailiff and no law compels you to deal with them, You could mention that you are involving your MP regarding the levy.. If you pay a regular amount to build up a payment history, challenge the ludicrous levy, with help from Caggers you should be able to sort it out.

[Oldshep]

I've asked them in the email why my husband hasn't been allowed to deal with this and that he has offered to have his earnings attached (not that its any use as the liability order is in my name) I have also asked why for 8yrs I've been held solely liable and only this year suddenly his name has appeared on the bill. I've also requested that the council allow me to come to an arrangement with them. Explained to them if they take my old bus I will become a prisoner in my own home, again and lose my job. I've offered to pay them an amount when my husband is paid a week on friday, as until then we haven't a penny to our names. i've also told them I am willing to be in court on the 22nd to lay out my finances to the judge for this years liability order. Waiting for them to get intoch now. (Did try to ring but after 15minutes ina queue i gave up)

[Oldshep]

Council have just rang me, I'm having to pay the bailiffs for this years, at £50 a month first payment due when my husband gets paid on 24th, and have made an arrangement to pay £50 a fortnight for this years.

 

I have to ring the bailiffs tomorrow after 2.30 as the bailiff is returning my file to his office and the council have spoken with them and organised everything. (i did ask the lady from council if they would be OK with me on the phone and she said yes my circumstances have been explained and they know not to cause me distress) My first payment to them will be just under £40 then £50 a month... being able to spread this years over a fortnight will make it easier as I'm paid mid month from my hubby, so they aren't getting it all from his wage and leaving us more broke than we already are. I think its reasonable, they did want £160 a month for this years but theres no way i could afford that and said £100 a month at a push, when i asked to split it to 50 a fortnight they were ok with that. The extra bit outstanding I can make up as I can.

 

Thank you for the advice greatly appreciated and hopefully I can get on top of this now.

[lookinforinfo]

Oldshep, I get the feeling that you are satisfied with the outcome, and I am pleased about that. However, I am a little unsure of what has been agreed. Are you now paying

the bailiffs for this years and last years C/tax even though the hearing for this year is not for another week? Are the Council charging you the Court fee?

 

Is the bailiff handing back his file to his office because they have been taken off last years tax or because you have arranged the monthly payments?

 

Whichever way, it will be much safer that you pay the Council rather than the bailiffs. This is because it is almost impossible to be able to pay the bailiffs for a whole year

on the same date each month. Weekends, bank holidays, your holidays, illness and emergencies all intrude in time and if you are late by just one day [or early by one day too

apparently], the bailiffs will claim you ahe failed to stick to your agreement and jump in with inflated charges and threats.

 

Did you have any luck claiming benefits or is that for another day?