council tax arrears and baliffs

[annabelle22]

Hi

I have arrears on council tax and had a magistrates order to pay £100 per month.

beginning of this year wrexham cc took 2 payments for that amount and this year I called them and they said understood I could not pay so would lump it in to one payment. I have paid this each month they actually took 2 payments in july so as far as i was aware was a month ahead.

last month recived demand saying owed £138, so i wrote to them

they re did figures and said pay £173 each month as missed payment sept 2012. I checked I have not.

Now they have sent balif re court order said must pay £185 each month to them and £173 to Wreham cc I can not afford this what do I do please?

[TB Law]

Formal complaint letter is the only way,

say why the council is wrong, and say what you want the council to do to put it right.

 

Not sure what a 'magistrates order' is.

 

A liability order doesnt set a monthly liability,

just the total sum due

but the council has discretion on when and how often they accept payments.

 

Take no notice of the bailiffs,

only cc them in with your complaint letter.

[i hate bailiffs]

Any and all payments can be made direct to the council

 

keep bailiffs out they have no right of entry and can NOT force entry deny them a levy

if you have a car it will be vulnerable tuck it away to prevent bailiffs getting a levy on it

 

you do not have to make arrangements with the bailiffs or speak to them

keep themm out and they can do very little:-)

[annabelle22]

Hi thank you.

 

Unfortunately i spoke to the man he insisted that i pay 185 over 10 months said that was what I had to pay there was no leway as it was arrears that had been through the magistrates court. made me sign a levy which he filled in he did not enter the house but put things down like couch mirror etc he could not see in to the house as i kept innner door shut because of my dogs. he insisted tah ti mustr pay £50 by card which i did or they would take my fuirniture.

[LaughingGirl]

I don't know much about bailiffs, but he CANNOT place a levy on anything he hasn't seen. I'm also almost completely certain that he can't place a levy on a couch. I'll look into that and get back to you.

 

Basically, he's just levied so he can charge you more in fees.

 

EDIT: I would say this covers a sofa, not that it's relevant because he hasn't made a legal levy:

 

Statutory Regulations state that the following items are exempt and must not be taken.

• "Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"

• "Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family"

[hallowitch]

the court do not state how much you have to pay each month the court only issues the liability order

 

either the council or the bailiff will state how much they want you to pay each month

 

the man who filled in the levy at your door is/should be a bailiff

 

can you tell me what bailiff firm he is from marstons,Jacobs or exel

 

your levy is unlawful because he did not enter your property

can you list exactly what goods he wrote on the notice of seizure the outstanding balance you owe to the council and the fees the bailiff has charged

 

have a look and see if you can find the bailiff on the register

http://certificatedbailiffs.justice.gov.uk/CertificatedBailiffs/

Edited December 6, 2012 by hallowitch

[Conniff]

Magistrates don't issue any orders for amounts to be paid, they just affirm you are liable and it is then up to the council to work with you to see how much you can afford.

[Jamesx81x]

When you received the Liability Order you should have received income and expenditure forms that I believe should be returned within 14 days! This then allows the council to see what u can afford to pay!

 

Did you receive anything like that?

[annabelle22]

Hi Thank you for response.

 

The company was jacobs

yes i filled in an income and expenditure.

I was lead to believe by the council that the court order the payment amount.

 

Please can you tell me should I writer to the council / baliffs can you suggest what I put please

I was trying to pay and the council did not say to pay any extra amounts for arrears each month.

When you look at the council payment statements the arrears amount is actually decreasing as payments are made this confuses me?

 

Thank you

[annabelle22]

goods he wrote where

1 x flat screen tv 1 x dvd player 1 x tv stand (i dont have one!) 1 x tumble dryer ( told him got one its broke!) coffee table ( not got one) wall mirror ( got more than one)

 

2 notices one for balance £164.07 levey and fees £53 + £11 and for other fees £22.50

other £650.44 levy/fees £43. plus £11 and for other other fees £2.50

 

on demand notice issued 28/11/12 outstanding arrears for council tax £1484.51 total including this years £2174.51

the demand notice issued before that on 8/10/12 arrears £1714.51 total due 2404.51

[Jamesx81x]

The court order the payment in a CCJ

 

A magistrates court just issues liaibility orders on behalf of local authorities. The council then should arrange payment with you hence the inclusion of the income and expenditure.

 

You have been mis-led by the council and they have to take responsibility for doing so. Also if you have been making the payments and the debt is decreasing i do not see their reasons for sending this account to the bailiffs.

 

I would make a full complaint to the council stating the above. Also as mentioned in another post the levy is unlawful as he has done it from outside your house. He has to physically enter your property to make walking possession.

 

He knows full well this procedure is not lawful so then you have grounds for a complaint against him. In the meantime just dont let them in!

[i hate bailiffs]

goods he wrote where

1 x flat screen tv 1 x dvd player 1 x tv stand (i dont have one!) 1 x tumble dryer ( told him got one its broke!) coffee table ( not got one) wall mirror ( got more than one)

 

2 notices one for balance £164.07 levey and fees £53 + £11 and for other fees £22.50

other £650.44 levy/fees £43. plus £11 and for other other fees £2.50

 

on demand notice issued 28/11/12 outstanding arrears for council tax £1484.51 total including this years £2174.51

the demand notice issued before that on 8/10/12 arrears £1714.51 total due 2404.51

 

Bailiffs have done this levy for a financial gain to the bailiffs

 

sounds like bailiff charging multiple fees on the one visit

There levy should cover the debt should you not pay i would say you can challenge the levy as invalid

 

By having arrangements to pay the bailiffs and a levy they have(needs challenging)

The bailiffs are in a position to charge a van attendance fee they can do this if you default on a payment or a day late this will attract a fee of £180 upwards

 

You need to make a formal complaint to the council about there agents unlawful actions for a financial gain copy in local MP and Councillors

 

in the mean time you will be better off paying the council direct online using correct reference number

[annabelle22]

Thank you very much for your advice. I will write a letter as advised.

[ploddertom]

The Bailiff will argue his levy is valid, however you can always challenge him to tell you what brand, size & serial no on goods.

[annabelle22]

Good idea cheers

[hallowitch]

The CEO of wrexham council is Dr Helen Paterson address your formal complaint to her

 

if you get no joy ask to make an appointment to discuss it and i Will go with you i live in wrexham

[brassnecked]

The CEO of wrexham council is Dr Helen Paterson address your formal complaint to her

 

if you get no joy ask to make an appointment to discuss it and i Will go with you i live in wrexham

Now that is a golden offer annabelle, Wrexham council had better watch out

[hallowitch]

dealt with wrexham council and Jacobs twice before when the CEO was mark Owen and i have to say it was dealt with promptly efficiently and both went in debtors favour

[annabelle22]

Thanks very helpful

[annabelle22]

Cheers for that will let you know how it goes

[annabelle22]

Good advice thanks

[annabelle22]

like it!

[annabelle22]

Hi Hallowitch,

 

Had letter off council. saying reallocated arrears off bailiff sending new joint demand for arrears and this years council tax. No apology still blame me for cancelling DD, although payments made using card instead?. But a result, thank you so much for your help. and the offer of assistance I appreciate it cheers - annabelle

[annabelle22]

Hi James,

 

Council have taken arrears off bailiff adding them to this years and recalculating amount owed, no apology still think its my fault for cancelling DD although payments made by card. Thank you for the good advice - annabelle

[annabelle22]

Thank you for your helpful advice - cheers annabelle:-)