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Hi all,

 

desperate for some help.

 

basically we have had the worst couple of months here. i got behind on lots of bills, council tax included. my c. tax went to magistrates court, and was passed to jacobs Baillifs. this all happened so fast, i thought i had more time. i missed payments in april, may and then june.

 

this is for my council tax from april this year until march next year, so the entire 2012/2013 bill they now want off me

 

this morning a bailiff put a hand delivered letter thru my door at 8am. they didnt knock on the door, they just posted the letter.

 

its a bailiff attendance 24 hours liability order.

 

says i have to pay them £1340.88 in full. says they will accept a payment plan, BUT apparently the only way they are willing to do that is if i let them into my house ( never going to happen ) , and, " sign the relevant paperwork )

 

I tried calling the council debt recovery and pleaded them to take the debt back, but they refused.

 

Basically, i can in no way pay the whole amount in one go, and thus pay my council tax right up to next march.

 

Apparently , according to the bailiff letter, my only options are to pay in full + costs, or let them into my house and pay them £50 to allow me a payment plan.

 

I just dont know what to do. was paranoid all day and kept the doors and windows locked, but i cant really live like that.

 

can anyone please give me some advice ? im in bits and mega stressed over it . my wife also recently had a heart attack and is meant to avoid all stress.

 

is there a way i can pay installments without letting them into my house.

 

as of right now, i have not phoned the bailiffs back. didnt want to leg myself up and enter into some kind of contract on the phone with them accidentally.

 

i just cant see how it can be fair to tell me i have to pay all up to next years c, tax

 

i dont know what to do. please help

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There is no law that says you have to deal with or speak to a Bailiff and whatever happens certainly do not let him into your home. You must also ensure there is nothing of value outside - car perhaps. How does the money the Bailiff want stack up against the Liability Order the Council obtained?

 

You mention your wife's health. How long ago did she have her attack and apart from keeping away from stress has it left her with any other weaknesses?

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thanks for the replies

 

the original order obtained by the council was for £1260.88, and on the letter the bailiff put thru my door today, it has written on it in biro £1340.88 + costs

 

well, regarding my wife, she had her heart attack a year ago, but has suffered a lot of complications after that and been back in hospital twice since then. she suffers from blood pressure issues and has heart / chest pain regularly.

 

i phoned the council debt place today and pleaded with them, and offered to make a payment of £100 today over the phone or on their web site, and they point blank refused, and insisted i had to deal w/ the bailiffs.

 

there is no way in a million years i would let them into my house. in fact i doubt i would answer the door to them. most i would do is open a window and tell them i was removing implied right of access and that they were harassing me.

 

its so frustrating as i want to pay the debt, but obv cant afford over a grand in one go, when we are just about getting back on our feet again, and only just able to pay the rent, buy food, etc.

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the original order obtained by the council was for £1260.88, and on the letter the bailiff put thru my door today, it has written on it in biro £1340.88 + costs - Already sounds as if they overcharging

 

well, regarding my wife, she had her heart attack a year ago, but has suffered a lot of complications after that and been back in hospital twice since then. she suffers from blood pressure issues and has heart / chest pain regularly. Is she still under the hospital?

 

i phoned the council debt place today and pleaded with them, and offered to make a payment of £100 today over the phone or on their web site, and they point blank refused, and insisted i had to deal w/ the bailiffs. If you use online banking, Council website or automated phone the payment has to be accepted. You may also pay in cash at the Council offices - if refused ask for the name & position of the person refusing as it will form the basis of a Complaint against the Council.

 

 

its so frustrating as i want to pay the debt, but obv cant afford over a grand in one go, when we are just about getting back on our feet again, and only just able to pay the rent, buy food, etc. Do you claim any benefits? Do you get Housing or Council Tax Benefit?

 

PT

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So they wrote on it in biro, eh? Can't get more official than that! :wink: I don't suppose there was any breakdown of these costs? No specific mention of what they are and how they're arrived at?

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ploddertom -

 

yes my wife is still under the hospital, she had to stay overnight there just a few months ago.

 

and no, we dont claim any benefits at all. i am self employed. just had a bad few months . when i phoned the council they said they only way they can take the debt back to look at it, is if i was on benefits. so , if im claiming benefits, they will take it back, but if i claim nothing and work, they wont take it back.

 

i wonder if i could just phone either the council payment line or even the jacobs online payment thing, and make like a £100 payment ? would they still keep coming out ?

 

basically i want to pay the debt , and can afford say £100 a month, but i refuse to allow them into my home to do so

 

SWLABR9 - no, no break down of costs, but £80 has been added from the original order , until the highly professional biro written figure i got today. oh and they used RED biro ... it must be serious is they are breaking out the old red biro.

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FoTl twaddle posts removed

 

dx

siteteam.

 

dx

please don't hit Quote...just type we know what we said earlier..

DCA's view debtors as suckers, marks and mugs

NO DCA has ANY legal powers whatsoever on ANY debt no matter what it's Type

and they

are NOT and can NEVER  be BAILIFFS. even if a debt has been to court..

If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Pay the council, DO NOT pay the bailiff, pay at the offic e and do as ploddertom suggests get the drone to sign any refusal to use in Formal Complaint.

 

I would alsio indicate that you are Vulnerable under the National Standards, due to your wife's heart problems, send evidence like hospital appointments etc if they ignore send Formal Complaint to CEO elected leader and MP. I have quoted the relevant portion of the standards below.?

 

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.

We could do with some help from you.

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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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Why as a people's nation let the council and government treat poeple in this manner, it really does have to stop.

 

Because nobody is prepared to stand up & make a stance & even when people do,they are accused of being FMOTL.

 

The council & the Government like the set up as it is-It is unclear and allows them to take advantage of the naïve, the disadvantaged, the uneducated & the vulnerable.The threat of bailiffs & astronomical enforcement charges is just what they want people to think-Much as a drug dealer rules by the fear that he has placed upon his debtors.

 

If you offer to pay & then claim vulnerability,the council simply reply along the lines of:

 

"if you have the money to pay,you can pay the bailiffs direct and there will be no need for further visits to levy distress"

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""if you have the money to pay,you can pay the bailiffslink3.gif direct and there will be no need for further visits to levy distresslink3.gif""

And then the bailiff refuses to make the arrangement without doing a levy, so back to square one and send a Formal Complaint copied to the Westminster Wastrel for your area (MP) to the bailiff and council for preventing you from paying the debt

We could do with some help from you.

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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'm quoting from experience-It actually happened to me/a family member.I had at this stage informed them that their implied right of access had been removed but the council still refused to accept the debt back on the grounds of vulnerability because they argued that the debtor still had a means to pay.Eventually,the bailiffs returned the debt,due to the notice,not the debtors vulnerability.Obviously in this case,they could not carry out a levy & they were a tad more desperate so they asked for 6 x monthly payments (we eventually agreed to pay the council 12 x monthly payments)

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I have had a few run ins with Jacobs and am planning a campaign against them. they act for Flintshire County Council and at the moment we have three formal complaints against them as well as proof of unlawful actions. Who is the council you are having problems with. Together we can break these companies.

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Jacobs are an unwholesome company, they clamp and remove cars willy nilly, whether they belong to the debtor or not, they will become even worse when the sections of the Taking control Of Goods Regulations 2013 come into effect. Perhaps a petition on Change.org

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 OTHERS

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 would sign it and Ibet everyone on here would do the same.

It would have to be well thought out and challenge the enforcemet industry in it's entirety maybe using Lord Dennings opinions regarding it's belonging back with king John

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 OTHERS

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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  • 4 weeks later...

Hi all, thanks so much for the advice. Just an update from me. I called the council and quoted the voulnerable thing, and they said they would take it back from Jacobs, but would only accept £200 a month. i tod them i couldnt afford that and they said its either that of Jacobs, so i had to go with it. well im sad to say we are in the worst financial position we have been in for years and years, just struggling to afford the rent and food, and im working nearly 50 hours a week. So the first payment was due on august 20th and i cant afford to pay it. so im worried sick now about this. i have no choice but to let it go back to Jacobs and just try and duck them as long as i can, because a roof over our heads and food on the table has to come first. i feel ill

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The Council cannot dictate. You can only pay what you can afford. You would be better paying little & often as this shows a willingness to pay - £10 every Thursday as an example, it quickly builds a payment history and makes it difficult for them to take any further action.

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Agreed. Ignore the silly demands for £200 and pay what you can actually afford. Do this regularly and without fail, and the council would find it hard to get it back through court. Remember, the people youa re talking to are just minimum wage muppets in the council offices. They couldn't care less about you. To them, you are just another name on a spreadsheet who owes the council money.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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