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Hi there,

 

A couple of huge Confero collection bailiffs knocked on my door today and left a letter saying "Notice of Baliffs Attendance - Magistrates Liability Order for unpaid council tax" and stating that they will return tomorrow at a set time to remove my goods.

 

Do I have to let them in as it is due to council tax?

 

I have mental health issues and have been on incapacity benefit for a few years which was last month switched to contribution based ESA, support group. It seems that due to working in the past my benefits have always been contribution based which means I have to pay council tax, don't get cold weather payments etc. Always bugged me but the fact is I owe the council tax. I just have never been good at remembering to pay bills (recently diagnosed with ADHD, mostly inattention, and reffered for aspergers diagnosis) and being able to deal with paperwork.

 

Even when I was working and had plenty of money coming in I would forget to pay bills. I have a lot of debts now and no disposable income, so its not like I can make any offers to the bailiffs. I had planned on getting a DRO but couldn't get together the £100 needed to do it.

 

I don't have much they can take except my tv, this computer and my sofa. It would be good to know if I have to let them in or not though.

 

Any quick advice to ease my mind would be appreciated.

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Hi Whybother

 

Welcome to CAG

You will get alot of sound advise here

 

To answer your question,

NO you do not have to let them in!

Keep your car off the drive and away from where you live,

Lock up your shed

and if they turn up, Talk through a window or letter box,

try not to open the door,

 

Caggers with better knowlage than me will be along soon

 

Leakie

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Hi Leakie,

 

Thanks for the quick answer. That was my main concern as I had read somewhere that for tax related issues bailiffs could break in. So its good to know they can't.

 

I don't own a car but I do have some old garden furniture in the garden which I don't mind them taking. Not sure they will try and enter my garden though after the welcome my dog gave them at the back gate today. Due to anxiety problems I rarely leave my place or open the front door anyway. Out of medication for the anxiety but been in such a depressive hole the last few weeks I have not arranged to pick up some more form the doctors.

 

Thanks once again

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Hi WB and welcome to CAG.

 

As stated, never let a bailiff into your house and more importantly, never sign anything they have.

 

The bailiff can only charge you £24.50 first visit fee and £18.00 second visit fee that way.

 

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

8 - the dates & amounts of any payments

 

I would also be inclined to ask the Council for a physical copy of the LO.

 

I would also ask the Council for a full breakdown of the Court fees and the cost of the Liability order.

 

You may also be classed as a vulnerable debtor. Check the council guidelines to see whether you fall into this remit.

 

Jogs

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Regardless of weather you do not mind them taking the garden furniture,

if it gives them an excuse to levy they will!!

your dog probily won't be in the garden all the time, so just be carefull

 

HRMC collection then they can break in, but not council tax.

 

Remember do not allways belive what comes out of the bailiffs mouths,

They rely of you not knowing what they can and can not do,

they will load there fees.

 

If you can make a payment direct to the council Telephone Automated or online,

even if it is a part payment.

 

Leakie

Edited by Leakie
typo as usual
  • Haha 1

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Yes, sorry forgot to add, always try to pay the Council direct, they may try to fob you off, but they CANNOT accept your offer of payment.

 

Remember some council back offices are run by Capita, that also own the Bailiff company that is chasing you.

 

Thank you Leakie.

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No Probs

I'm still learning

 

Leakie

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Hi WB and welcome to CAG.

 

As stated, never let a bailiff into your house and more importantly, never sign anything they have.

 

The bailiff can only charge you £24.50 first visit fee and £18.00 second visit fee that way.

 

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

8 - the dates & amounts of any payments

 

I would also be inclined to ask the Council for a physical copy of the LO.

 

I would also ask the Council for a full breakdown of the Court fees and the cost of the Liability order.

 

You may also be classed as a vulnerable debtor. Check the council guidelines to see whether you fall into this remit.

 

Jogs

 

Hi Jogs,

 

Thanks for the advice. I will make sure nothing is signed.

 

1 - I remember seeing a letter or two that mentioned liability orders before but I did not understand what they meant. There are probably a good few years worth.

2 - Not having any organisation skills at all means I probably don't have or won't be able to find the letters to get the dates

3 - They would all be for my current address

 

Are you saying I need to ask the council all the questions you mentioned above?

 

It may look like like I am totally useless with dealing with these type of things and....it would be a correct assumption to make. Just building up and preparing myself to deal with the council could take me a week. I know it has to be done but it is not as easy as just doing it. I am completely struggling with life.

 

I could not find anything on Croydon councils website as to who they class as a vulnerable debtor. One proposal page mentioned OAP's and people on income support but I have never received income support, which is why I have always had to pay the council tax. I am due to become homeless soon too but I guess that makes no difference either.

 

If someone knows of a link to the council guidelines for vulnerable debtors I will have a read. Just could't find anything on google myself.

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Hi again Whybother

 

Sound like you are having a realy bad time.

just a suggestion why don't you go the council office and ask to see a welfare officer.

They are there to help and make sure you have the correct benifits etc

sounds like you have nothing to lose.

 

Leakie

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I have mental health issues and have been on incapacity benefit for a few years which was last month switched to contribution based ESA, support group. It seems that due to working in the past my benefits have always been contribution based which means I have to pay council tax, don't get cold weather payments etc. Always bugged me but the fact is I owe the council tax. I just have never been good at remembering to pay bills (recently diagnosed with ADHD, mostly inattention, and reffered for aspergers diagnosis) and being able to deal with paperwork.

 

.

 

I would say you may fall into the vulnerable category bailiffs action should stop


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Hi again Whybother

 

Sound like you are having a realy bad time.

just a suggestion why don't you go the council office and ask to see a welfare officer.

They are there to help and make sure you have the correct benifits etc

sounds like you have nothing to lose.

 

Leakie

 

I did speak to the jobcentre on the phone a while back who told me I couldn't get any other benefits. I told them off the problems I have remembering to pay bills/dealing with letters etc and asked if it could be taken directly from the benefits I receive so I do not continue to get the council tax debt problems, but they told me they couldn't.

 

In July this year I saw a benefits advisor at the doctors surgery who told me I should be getting disability living allowance and that he would fill in the forms for me. At the last appointment with him I asked who he actually worked for and he told me, Croydon council as a benefits advisor. The DLA came back as refused. The CAB was too busy to help so contacted a solicitor for me who told me that I should be on at least lower rate on one and middle rate of the other. They filled out my appeal for me which was also turned down.

 

During this time I filled out my own ESA form, which took me 3 weeks, doing a single box on the form a day. I got accepted into the ESA support group straight away with no interview. So I am confused as to who is supposed to help, who actually can help, along with thinking, why bother? Life can't get any worse.

 

I will weather out the bailiff visit and keep in mind I should have to talk to the council when I can face them. Is it the council or the bailiffs I should be advising I could be vulnerable?

 

Thanks once again to all of you. A problem shared is a problem halved!

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. Is it the council or the bailiffs I should be advising I could be vulnerable?

 

!

 

 

Vulnerable situations

 

 Enforcement agents/agencies and creditors must recognise that

they each have a role in ensuring that the vulnerable and socially

excluded are protected and that the recovery process includes

procedures agreed between the agent/agency and creditor about

how such situations should be dealt with. The appropriate use of

discretion is essential in every case and no amount of guidance

could cover every situation, therefore the agent has a duty to

contact the creditor and report the circumstances in situations

where there is evidence of a potential cause for concern. If

necessary, the enforcement agent will advise the creditor if further

action is appropriate. The exercise of appropriate discretion is

needed, not only to protect the debtor, but also the enforcement

agent who should avoid taking action which could lead to

accusations of inappropriate behaviour.

 

 Enforcement agents must withdraw from domestic premises if the

only person present is, or appears to be, under the age of 18; they

can ask when the debtor will be home - if appropriate.

 

 Enforcement agents must withdraw without making enquiries if the

only persons present are children who appear to be under the age

of 12.

 

 Wherever possible, enforcement agents should have

arrangements in place for rapidly accessing translation services

when these are needed, and provide on request information in

large print or in Braille for debtors with impaired sight.

 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.

 

 

you will need to send proof to the council email is good and backed up with letter in post

 

if council don't help you get on to your local MP


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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Whybother.

 

It is very important indeed that you call the counil in the morning to obtain confirmation of the precise amount of the Liability Order. Could you then post back with details. As you do not have a car and the bailiff has not been able to levy upon any goods, the MAXIMUM that he can charge is just £42.50 for 2 visits.

 

Unless you allow the bailiff into your home (PLEASE DO NOT ALLOW HIM ENTRY) then NO FURTHER FEES CAN BE APPLIED.

 

On the note left by the bailiff has any fees been added?

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I will try and speak to the council today, just don't have the strength or will in me right now.

 

There was no charges listed on the notice he gave me, just a balance outstanding. It also did not say for what period the council tax was owed.

 

s11.postimage.org/qti8fkttt/let.png (To be able to post links or images your post count must be 10 or greater. You currently have 4 posts.)

 

When I hear them coming I intend to go into the garden, lock my back door and speak to them over the gate. I would feel to trapped talking to them through the door or with them right in front of me.

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Just to give you guys an update, they did not turn up today as stated on the letter. Its going to be more days of hiding in the dark with the curtains closed.

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Just to give you guys an update, they did not turn up today as stated on the letter. Its going to be more days of hiding in the dark with the curtains closed.

 

sounds about right for them

 

remember they have no right of entry you can simply ignore door if need be

 

Have you contacted the council/sent them a email what was the outcome?


If i have helped in any way hit my star.

any advice given is based on experience and learnt from this site :-)

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You could film them trough the letterbox with a mobile phone to capture the threats, and then check for any unlawful claims or threats that may be useful for a complaint later, you wouldn't have to open the door to do this.


We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHER

 

Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

 

The bailiff: A 12th Century solution re-branded as Enforcement Agents for the 21st Century to seize and sell debtors goods as before Oh so Dickensian!

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I will keep that in mind too!

 

ihatebaliffs, I have not yet. I do intend too unfortunately what may seem a simple task to most, is a mammoth task with a lot of mental preparation for me. Some will think that as I have written here I could have just as well have written to the council, it doesnt quite work like that for me though. Writing here has none of those pressures

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Keep your chin up WhyBother

 

We are here to support you and each other,

 

 

Leakie

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Are you saying I have a big chin Leakie?!!?! Just kidding :-)

 

I appreciate the help and the fact there is someone listening so I can share the problem to get if off my chest too. I won't bore you with all the things wrong with me or my life but something as simple as your replies is like one beacon of hope in an otherwise dark place :violin:

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WhyBother

 

I have had my problems too over the last 4 years

I felt like finishing it all.but I have 3 wonderful kids ( who drive me crazy some times)

 

I was made Bankrupt in 2009 partly my owe#n fault but mainly by people who would not pay for work I had done,

because they knew that I could not afford to follow though with the courts

 

I have had bailiffs trying to charge me 5 times more than they were entitled too,

But I found CAG

 

the people on here gave me strength to fight back,

I am dealing with another bailiff now but I am in a stronger position now because of the likes of

TT Brassnecked Plodertom seanmarts to name a few

 

These are people who has been through the same or have legal knowledge and want to help,

Together we can win most of the time.

Knowledge is strength

 

Don't give up

I would like to see your name changed to I Bothered instead of WhyBother.

 

as I have said Chin up

 

You have a fellowship called CAG to help

 

Leakie

  • Haha 1

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Glad to hear things worked out (or are at least working out) ok for you. As you obviously know, its very hard to see ahead when you are at the bottom.

 

CAG should be listed as the 4th emergency service!

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I can see the light but it is still a long way to go, but I can see the light,

and so will you ,

Don't give up

 

Leakie

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