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Help required re bailiff and council tax


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Any advice will be greatly appreciated.

 

I'm in need of some urgent advice.

 

 

The bailiff called and dropped a letter through my door on the 13th November, saying that we owed £1097 in council tax arrears.

 

I found it rather odd, as I thought I'd come to an arrangement with the council in regard of this for a bill of £1200 including a small amount of arrears from the previous year.

 

rang the bailiff and informed him that I'd arranged a meeting with the council to sort this out.

When visiting the council, it turned into the most confusing meeting ever.

 

The outcome of the meeting was, that they said they'd cancelled the agreement, even though I thought I was paying it.

They said I had to pay them £225 at £45 per month, which was no problem, and that I'd have to come to some arrangement with the bailiff for £1097.

 

 

I didn't foresee a problem with this, until I spoke to the bailiff this afternoon, which is the real matter I require advice about.

 

He said to me, could I pay the full amount straight away?

I told him no way, I can afford to, but was prepared to pay it in installments to clear it for April.

 

 

He then said, in order to do that, I had to cough up £270 in charges, so that he can come to the house and assess my goods.

Then and only then would an agreement be arranged.

 

There's no way I want to let him into the house due to the horror stories I've heard, that once in, your stuffed.

 

Surely this can't be right.

 

 

Any advice of what I can do, as I can't afford the £270 payment.

 

 

I'd rather pay it off the arrears.

 

 

I feel I'm in a catch 22 situation right now.

 

I feel like I'm being blackmailed by bailiff he said to me that if I didn't agree to pay the £270 and let him into the house,

he would just keeping coming to the house racking up the fees.

 

 

I've been reading on the web, that you can ask the council to withdraw your case from the bailiff, then arrange to pay the council.

 

Has anyone got any advice if the council say no?

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if you can pay

pay the council directly

 

 

just keep the bailiff at bay

 

 

don't let him in

 

 

and don't leave your car outside for him to see if you own one.

 

 

tell us about the debts?

 

 

have you a list of LO's the council have attained?

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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You need to get back in touch with the council and advise them that you need the name of the person to whom you can make a Formal Complaint and that BASIS of the complaint is that you have contacted the bailiff and have ben advised that he is insisting that a payment arrangement is only possible if the bailiff is permitted into your home to levy upon goods and furthermore, that bailiff has ALREADY applied a fee of £270 and he has NOT EVEN LEVIED UPON GOODS !!!

 

 

This is complete and utter disgrace. Which bailiff company is this?

 

Unless a valid levy has been made upon goods the fees are CAPPED at £42.50.

 

With COUNCIL TAX there is clear case law that an "attending to remove" fee cannot be applied UNLESS there is a prior valid levy.

 

The local authority must address these 2 serious issues immediately.

 

PS: I am still on "sick leave" and only have very limited access to my files but there has been a ruling from the Local Government Ombudsman which ruled that a bailiff CANNOT insist that a payment arrangement is dependent on being allowed into the property.

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It might be this one: http://www.lgo.org.uk/decisions/benefits-and-tax/council-tax/slough-borough-council-10-007-469

 

LGO said "A bailiff may make an arrangement with a debtor without having levied on anything" - although the main thrust of this case was the bailiff charging £230 for levying on a doormat!

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:shock:With COUNCIL TAX there is clear case law that an "attending to remove" fee cannot be applied UNLESS there is a prior valid levy.

 

Warning tomtubby if you have stiches please don't bust them laughing at the ludicrous reply my self and local councillor got when we challenged the 197 times the fee was charged the same day as the levy from 209 till 2013 by Rossendales

 

The jist of reply as to why the can be charged is

 

There is no High Court ruling in this particular matter

 

 

and it is a matter of interpretation of the wording of the regulations as to whether the Header B fee and Header C fee can be charged during the same visit.

 

There is Counsel Opinion which supports charging the Header C fee on the same day as the Header B fee because the application ofthe regulations can be interpreted either way

 

 

Axxxx Txxxx QC stated that

nothing expressly suggests that any fees chargeable under Schedule 3(1) ©(Schedule 5 for council tax) must relate to a different visit to any fees charged under Schedule 3(1)(B) (5(1) (B) for Council Tax), indeed, the wording..in my view clearly suggests to the contrary: the phrase in brackets – “where, following the levylink3.gif, the goods are not removed” makes more sense if the visit is the same visit as the one during which the levylink3.gif is made’.

indeed , the wording..in myview clearly suggests to the contrary: the phrase in brackets – “where, following the levy, the goods are notremoved” makes more sense if the visit is the same visit as the one duringwhich the levy is made’.

 

‘In my view therefore, a separate fee is chargeable for attendance with a vehicle on a visit where levy takes place in respect to that Liability Order’.

 

The wording does not say 'where following the levy visit the goods are not removed’ so it has always been the councils position that no additional visit is required before the Header C fee can be applied and the bailiffslink3.gif are not acting illegally in this respect.

 

 

 

 

 

 

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ATR can only very rarely be attempted anyway. For a bailiff to ATR, he must visit in a van, something that they rarely (if ever) do on first vists.

 

In addition, if he did visit with a "view" (intention) he must have had a levy in place beforehand. He cannot visit with a "view" to levy as well as a "view" to remove at the same time.

 

As I said before, what he could possibly do is visit with a "view" to levy, then levy and then remove under Head D. If the council were to have said this, it would have been far more than the drivel that it has come out with.

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ATR can only very rarely be attempted anyway. For a bailiff to ATR, he must visit in a van, something that they rarely (if ever) do on first vists.

 

In addition, if he did visit with a "view" (intention) he must have had a levy in place beforehand. He cannot visit with a "view" to levy as well as a "view" to remove at the same time.

 

As I said before, what he could possibly do is visit with a "view" to levy, then levy and then remove under Head D. If the council were to have said this, it would have been far more than the drivel that it has come out with.

 

I'd be very interested in what argument the authorities would come back with to that. I suspect they'd take back their ball, change the legislation over night or some such devious manoeuvre.

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