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Teddybear154

Problems with bailiffs re council tax. Urgent advice needed?

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I have been having problems with my local council going back quite a few years.

 

They have accused me on many occasions of not paying my council tax when I have. Even when I sent proof that I had paid they would not accept it.

 

They have sent bailiffs out may times and after I complained last year they called it back from bailiff. They then had a attachment of earning put on my husbands wages and helped them self to money we did not even owe.

 

For the last year they have been taking nearly half my husbands wages every month it's a joke. I have seeked some legal advice and am going to take them too court as I've had enough. I have struggled to pay bills last year due to them taking so much of my husbands wages.

 

Only my husband works, i have 4 children 2 with special needs and had to give up work to care for my children. I could not afford to pay them current years council tax. And I contacted them many times to tell them this. They have taken enough money that we don't even owe why should I pay even more any way.

 

Any way today bailiffs turned up at my door sent by the council. I was not at any time in the last year made aware that they were taking me to court or seeking a liability order, they never even informed me they were sending a bailiff. I was on my own with my children when they came my husband was at work.

 

2 male bailiffs came too door very big guys very rude aggressive and threatening. I only opened the door a tiny bit, I refused point blank to let them in. They tried to force there way in then gave up they hand me a letter and said I have got to pay £1400 within 24 hrs or they will be back to take are things.

 

What should I do? I don't have £1400 so there is no way I can pay by tomorrow. Is there any way I can stop them coming back. What are my right, they said they will be back tomorrow with police if I don't pay and will get in house. Can they do this or is it all talk to try and scare me.

What should I do? I just want this nightmare to be over and for council to leave me alone.

 

I really don't want the bailiffs coming back to house as they really scared my children

 

Any advice would be much appreciated.

Edited by honeybee13
Spacing.

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The only way to stop them coming back is to pay the £1400 or make the Council realise that you do not owe the money. I don't see why you should pay the bailiffs and I doubt that the Council

will see the error of their ways by tomorrow.

 

So accept that they may be back tomorrow. They are only complying [probably] with an order from the Court but probably [definitely] lying through their teeth at the same time.

 

You are not obliged to let them inside your property therefore Do NOT OPEN THE DOOR. The two are likely to try and barge their way in if you do though they are only supposed to gain entry

by peaceful means [ie no thuggery-yeah right]. They will lie and threaten to bring round a locksmith and or the police to gain entry-they cannot until they apply to the Court further down the

line and it is doubtful even then that it will be allowed by the Court.

 

Do not let them in under any circumstances as they want to put a levy on your goods so that they can come back at a later date to remove those goods if you have not paid the outstanding. What

they really want is for you to pay up as they do not want to take your possessions.

When you refuse them entry [through your locked door] try and tape their threats. Also make sure that your car is well out of the way as well as any garden furniture so that they cannot attempt to levy

on that. Also do not sign anything for them.

 

Then you have to turn your attention to the Council. Call up your local councillor and explain your problems with the Council and that you will be taking the Council to Court. Ask him/ her if they can freeze

the action of the bailiffs til your account has been verified that you owe them nothing. Have all your payments together and go to the Council as proof that you are up straight.

 

There will be others along to add more details to my post. But I hope that you can start to relax a bit.

The other advantage of not opening the door is that it will not frighten your children should the bailiffs come back though they might not turn up anyway.

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When dealing with the Council you need to follow a set format, there is no 'quick fix' to getting the matter resolved, Iwould suggest you start at the beginning and with pen at the ready ring the Council and ask:

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

 

Then you will need to contact the bailiffs and request a full breakdown of the fees they have charged:

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

 

Once you have started the ball rolling to gather the facts, I would suggest you contact the welfare officer if your Council have one..... if they do not have one you can make contact with your local Councillor and ask them to arrange a meeting with you to allow you to put your case to them.

 

It has already been said but just to reassure you....the bailiffs have no automatic right of entry to your home,they cannot force entry with a locksmith or police until they have secured a warrant from the Court,( a mere liability order does not give them the right to enter your home) warrants are rarely given by the Courts and for the Council to apply for such a warrant you would be invited to attend the hearing and give your story as to your reasons for being a non payer.

 

Do not open the door to them and do not speak to them (there is no law that says you have to) remove anything stored outside your home and if you have a car, park it several streets away...if they cannot get to levy on anything then they are powerless.

WD

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[quote=Teddybear154;4098267

2 male bailiffs came too door very big guys very rude aggressive and threatening. I only opened the door a tiny bit, I refused point blank to let them in. They tried to force there way in then gave up they hand me a letter and said I have got to pay £1400 within 24 hrs or they will be back to take are things.

 

What should I do? I don't have £1400 so there is no way I can pay by tomorrow. Is there any way I can stop them coming back. What are my right, they said they will be back tomorrow with police if I don't pay and will get in house. Can they do this or is it all talk to try and scare me.

What should I do? I just want this nightmare to be over and for council to leave me alone.

 

I really don't want the bailiffs coming back to house as they really scared my children

 

Any advice would be much appreciated.

 

 

Bailiffs lie they will NOT be back with the police to force entry

you do not need to deal with the bailiffs or speak to them they can not force entry

 

But they can levy on goods outside your house if you have a car tuck it away

 

without a levy there is little a bailiff can do no right of entry no nothing

 

Hope for some rain and wave to them through the window:-)

 

All payments are best made direct to the council online using correct reference number


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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Good advice so far, be ready to initiate a Formal Complaint to the CEO, Head of Revenues, elected leader councillor and MP once the info from the questions set by wonkeydonkey come back, as if you have paid there has been muppetry at the council .


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I have contacted the council and am waiting for them to get back to me. I sent Jacobs a letter explaining the situation, telling them that they would not gain entry to my house, And I insisted that I wanted the case referred back to the council. I Received a letter from Jacobs last week refusing to hand the case back to council. Just what I expected them too say. But they did offer a payment plan with out sending a bailiff back. But today I Received another threatening letter from Jacobs. It said notice of intention of coming to seize and remove goods. I still have not heard from council. Each time I phone they just say they are investigating but they won't call off the bailiffs for some reason. What should I do now. Also how can I find out if the bailiff who attended my property is certified. I have been on this website http://www.hmcourts-service.gov.uk/CertificatedBailiffs/ and have searched the bailiffs name. But there is no one by this bailiffs name. I also searched under the company name Jacobs and there was no bailiff with the name the bailiff gave and that is on all letters Received from Jacobs. Would this mean he is not certified. Are there any other websites I could go to to check. I believe there is a phone number you can ring but I have a form of high functioning autism and find phone calls very hard. I would prefer not to have to phone if can help it. Phoning council was extremely hard as it is. Any advice much appreciated.

 

Thanks

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Also just wondered I have some things in my shed like bicycle, lawnmower and other bits and pieces. I keep shed locked with a heavy duty padlock. I also keep gate to garden locked with a heavy duty padlock. Can a bailiff collecting council tax cut off padlocks and break in to garden and shed. Also I rent property so do not actually own shed or gate or fences. What would happen if they tried to break in to garden and damaged gate or shed. They would be damaging some one else's property would they not get in to trouble for this.

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Yes they would have to pay the shed/gate owner for any damage they caused.

 

If they can get over the gate and get into the shed without causing damage, they are able to do that. Many people think that a heavy duty padlock secures a shed, when all it takes is a powered screwdriver to take out the screws which may secure the door. ( Some sheds have the hinges to the door on the outside, so if you have these, you may want to damage the screw heads so they cannot be unscrewed. Your landlord won't mind, as it helps with security)


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I am sorry to be critical but this needs to be done.

 

You have written t Jacobs to ask them to return the case to the council. A bailiff company will almost never do this. He has been instructed by the council to enforce the debt and to expect him to return the account because you asked him to is NOT going to happen.

 

Next, you are querying whether the bailiff is certificated. The bailiff has not come into your home or levied upon any goods and therefore it is not even worth worrying about whether he is certificated or not.

 

From what you have written it would seem that the council believe that you have substantial council tax arrears ( I say this because you have said that half of your husbands wages have been taken under an attachment of earnings.

 

Jacobs will return the account to the council if they cannot get payment from you or able to levy upon goods. It is vital that you do NOT allow the bailiff into your home. If either of you have a car this will be levied upon. Be careful.

 

What SHOULD happen is this:

 

It would seem that you have a form of high functioning autism and you also have two children with special needs. There can be no doubt at all that you are classed as vulnerable according the National Standards for Enforcement Agents and it is for this reason that you should instead be making a FORMAL COMPLAINT to the Chief Executive of the council immediately.

 

Do not consider taking the council to court. This is not the correct procedure.

 

Do not worry worthless items in the shed.

 

A Formal Complain is the correct procedure. You will also need the council to provide details of ALL Liability Orders etc.

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