Council Tax / Bailiffs

[Laiq]

Hoping you can offer some advice. I received a Attendance notice for 2 outstanding council tax debts last week.

 

I admit that due to a challenging year I forgot about the council tax after having been on benefits for a while and having it "covered" and I now owe this money. I however cannot pay the two liability orders up front that are:

 

15th May - 439.67

7 August - 1276.58

 

I attempted to contact the council, who told me that as it was now with bailiffs I couldn't make a payment deal. (I wasnt aware of receiving letters, even though they said they sent them - however at the time it was all happening I was recovering from a hysterectomy and cervical cancer, so may have missed and binned any letters as unimportant at the time)

 

I then contacted the bailiff who has arranged to come to my house tomorrow to discuss a payment deal to repay the debt. I did a little digging tonight, and have found out that I really shouldn't be letting them into my house - Will they discuss a payment deal on the doorstep? Is there a letter I can hand the bailiff with my repayment offer? what are the definate do's and donts? Im a single mum, and slightly terrified of dealing with the bailiffs, so would like just a little advice

[dx100uk]

no dont do that keep him out.

 

don't discuss it with him.

 

you need to do these thing if not already:

 

if you can pay you should be paying the council

direct via your internet banking site

never ever pay a bailiff.

.

Here is something to be getting on with. First of all establish from the Council how much was owing etc You need to speak to someone at the Council and ask the following questions:

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

.

Next you need to send off for a breakdown of the charges the Bailiff applied. Here's an example, use and adapt at will and best sent initially by email backed up by a copy in the post.

.

"From:

My Name

My Address

.

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"

.

dx

[Laiq]

if you can pay you should be paying the council

direct via your internet banking site

Having a dumb blonde moment (it is after midnight after all) - are you suggesting I make a payment towards the council tax as soon as possible, or do i wait for them to agree a payment plan? Will it help my case to make a payment as soon as possible?

[dx100uk]

you obv owe 'something'

 

if you intend to pay aNYTHING

 

do not pay the bailiffs

 

pay the council.

 

dx

[Laiq]

I fully intend to pay what I owe, and I know I owe money - I'm not denying that.

 

I was trying to work out whether I should start making payments to the council tomorrow,

or if I should wait for them to agree a payment plan with me.

 

I've found an article on another site, that basically says send a letter saying what you intend to do and start making payments,

 

so that is what I will do. (article here http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax )

[dx100uk]

they cant refuse online payments

 

have you sorted out the benefits confusion?

 

do you think they are correct balances.

 

dx

[Laiq]

I'll find out the full balances tomorrow - when I phone (or pop in) and get all that information from the first thread. As for the benefits thing - I admit I probably didnt follow up the way I should have, and I'm to blame (in my defence I did have cancer and major surgery, so it all got muddled during the middle of the year!) . So I will happily pay in full, it will just take a while.

[dx100uk]

know the score

 

the mrs went through that.

 

i think you might well be classed as vunerable too.

 

Department for Constitutional Affairs - Enforcement - National Standards for Enforcement Agents

.

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.

 

this applies to the whole HOUSEHOLD 'a' vunerable person resides there.

[brassnecked]

Good advice from DX, pay the council what you can afford online, send the revenues dept an email, followed with a letter offering payment at that rate, and explain the vulnerability, copy of sicknote or a medical professional would help.

 

DO NOT let the bailiff in, and if you don't feel comfortable opening the door tell them trough the letterbox you are paying the council, he will threaten and stamp his feet abit, but no law says you must let him in, he only wants a levy to ground more fees that he will set at a rate you cannot afford so you default allowing him to add more fees ad infinitum. Film him even with a mobile phone to capture any threats, and hide any car a good way away.

 

Deny him a levy and the most he can have is a total of £42.50 for a First and second visit fee.

 

What bailiff company is this please?

[Laiq]

Hey there. This is Rundles Bailiffs. Thanks for the advice everyone.

[i hate bailiffs]

If you have a car please move it away from drive ASAP to prevent the bailiff getting a levy

 

Remember bailiffs lie

there is no right of entry no locksmith no calling the van team all he would be trying to do is line his pockets with fees

 

As above payments direct to the council

[wonkeydonkey]

The Bailiff will be working on the single young female who will do as she is told. It is blatant intimidation & bullying. Never forget Rule No 1 - Bailiffs Lie, if then unsure go to Rule No 2 - Refer to Rule No 1.

[brassnecked]

Are you still in receipt of any benefits?

[tomtubby]

You should not under ANY CIRCUMSTANCES allow the bailiff into your home and you MUST ensure that you do not have a car outside or nearby. In this way the bailiff charges are limited to just £24.50.

 

It is the case that you MUST make a payment proposal IN WRITING to the bailiff co and copy the letter to the council.

 

Do not answer the door and if you speak to the bailiff advise him that you will be writing to his company with a payment proposal.

 

PS: Call the council this morning and ask for confirmation of the amount of the Liability Order. You might want to compare this with the amount that the bailiff "claims" is owed !!!!

[Laiq]

Popped into the council this morning

2 Liability orders, on my home address. One for £217.17 - April 11 to March 12

and second one for 1030.08 for April 12 to March 13. Liability orders were gotten on 15th may and 7th Aug and it was sent to bailiffs on 23rd October.

 

Also received a response from my email to the bailiffs -

 

both have the correct amounts from CTAX on them, plus a 1st and 2nd visit fee (24.50 and 18.00) so I'm not sure where the bailiffs hand written figures came from on the notices he posted through my door last week.

 

Honestly right now I've just had a major panic attack on my way into work, and had to turn around and come home. I've just had to make an appointment with my doctor because this has bought my previously under control depression into overdrive, and right now even the idea of this man knocking on the door renders me paralysed with fear.

 

My CAB doesnt open until 10am for phonecalls, and right now I honestly dont know if I can face this.

 

(as for a car, I dont have one - so this isnt an issue)

[wonkeydonkey]

If you follow the above advice you will get this on the right track to resolving it without the stress of Bungles bailiffs in the background.

Pay the Council direct using one of their online payment systems......YOU are then in control not the bailiff.

 

WD

[brassnecked]

Right, so long as you don't let the bailiff in to gain a levy, he is mostly powerless, make the offer in writing to the council and pay something off the account using the councils online system, to show good faith. you could indicate you don't trust the bailiff from Bumbles and Co to deal fairly with you.

[Laiq]

Right, bailiff has just been. He put this through the door

 

"I have called today to seize your goods for sale at public auction. Whilst the law entitles me to remove goods in your absence I would prefer to do so when you are present to minimise any disputes as to damage, etc.

Please phone me on xxxx to arrange an appointment for me to return and remove goods or collect the debt in full

 

If I do not hear from you I will have no alternative but to return without notice and seize goods whether you are present or not"

 

He also left a message on the phone answer machine (which I have saved) saying it was in my best interest to speak to him because "it is being enforced by council and the magistrates court- if I dont allow entry the council will probably enforce it another way, which would not allow any negotiation on payment "

 

What is my next steps? How many times is he likely to come back? I have never done anything liek this before, I'm scared right now

[dx100uk]

load of bowarks ofcourse

 

he cannot force entry

 

and only take things he sees left outside

 

but must give you a levy list on them first not on the same visit day.

 

and ofcourse you DO NOT speak to him.

 

dx

[brassnecked]

Right, bailiff has just been. He put this through the door

 

"I have called today to seize your goods for sale at public auction. Whilst the law entitles me to remove goods in your absence I would prefer to do so when you are present to minimise any disputes as to damage, etc.

Please phone me on xxxx to arrange an appointment for me to return and remove goods or collect the debt in full

 

If I do not hear from you I will have no alternative but to return without notice and seize goods whether you are present or not"

 

He also left a message on the phone answer machine (which I have saved) saying it was in my best interest to speak to him because "it is being enforced by council and the magistrates court It is a liability order, it doesn't give a right to automatic forced entry, he needs you to let him in first, deny him a levy he is relatively powerless- if I dont allow entry the council will probably enforce it another way, which would not allow any negotiation on payment " More bluff and bluster, if you don't allow him entry and you pay the council direct he will not get extra beer tokens over and above the two visit fees

 

What is my next steps? How many times is he likely to come back? He may come back a few times but if you don't answer the door, and he can't get a levy he will eventually move on to a more compliant victim and return the account to the council, which you will have been paying directly anyway, all you then have to allow for is to pay £42.50 on top for the two visit fees. I have never done anything liek this before, I'm scared right now

 

 

Keep him out and pay the council film him even through the letterbox with your mobile phone, if you don't want to open the door to him, to capture any threats which may come in handy to ground a Formal complaint later.

[Laiq]

After a brief heart to heart with my mum she is actually able to lend me the full amount to make payment - do I do this directly to the council? (It'll be for the amount on the liability orders not the amount the bailiff put on his attendance notice)

[i hate bailiffs]

 

If I do not hear from you I will have no alternative but to return without notice and seize goods whether you are present or not"

 

He also left a message on the phone answer machine (which I have saved) saying it was in my best interest to speak to him because "it is being enforced by council and the magistrates court- if I dont allow entry the council will probably enforce it another way, which would not allow any negotiation on payment "

 

What is my next steps? How many times is he likely to come back? I have never done anything liek this before, I'm scared right now

 

As already said he can NOT force entry

 

The bailiff is on to a looser with no levy

 

If and when he returns hope for some rain and wave to him through the window:-)

plenty of us have been there before there is light at the end of the tunnel

 

As for how many visits the bailiffs make once they realize they are getting no where they will give up and move on to the next victim

[i hate bailiffs]

After a brief heart to heart with my mum she is actually able to lend me the full amount to make payment - do I do this directly to the council? (It'll be for the amount on the liability orders not the amount the bailiff put on his attendance notice)

 

Pay the council direct we can iron out bailiff fees later if need be

[Laiq]

I obviously need to send an email / letter to both parties to say that payment has been made in full? Is there a template that someone could advise I use?

[Laiq]

incase there are any people watching this thread this is the email / letter I am writing to the council regarding my payments

 

Dear Sir,

 

Further to our correspondence earlier today I am writing to confirm that I have no paid in full the two liability orders on this account, via the online payment system.

 

The liability orders were –

 

217.17 for April 2011 to March 2012

1030.08 for April 2012 to March 2013

 

This made a total of £1247.25

 

A payment was made on 16th Jan 2013 (7.11am) for £30 (receipt number xxx)

And the remainder of 1217.25 was also made on 16h Jan 2013 (21.00) (receipt number xxx)

 

Would you please confirm within 14 days that these 2 liability orders have now been paid in full?

 

I have young children, and have recently been diagnosed with severe depression and so as a single parent I find it incredibly distressing and detrimental to my health to be threatened and intimidated by a bailiff which is why I have chosen to pay the council directly what I owe them.

 

Would you please confirm within 14 days that these 2 liability orders have now been paid in full?

 

Thank you for your consideration in this matter.

 

Name

 

 

Hoping this will get the job done, and will get the bailiff to back off now