JBW Bailiff and Council Tax

[littlemissgri]

Hello

 

This is my first time here and I have done some research and THINK I am heading in the right direction but just checking!

 

We have a LO for council tax.

 

It's gone to bailiffs.

 

I have asked council to accept a payment plan and they say no, talk to bailiffs.

 

They have visited.

 

LO is for £1300.

 

I have contacted them in writing asking them to accept a payment plan.

to which they said they couldn't without a Levy in place.

 

As far as I have read, this is untrue and grounds for formal complaint.

 

I replied to this effect and they "note the content" but still say they need a Levy in place.

 

I've told them they won't be coming into my house and that I will pay them their £47.50

but that I will pay the rest directly to the council in instalments since JBW have refused payment.

 

I have now had a text message saying that they will add further charges (which, as far as I can see, they can't).

 

Checked the name of the Bailiff on the register and its not there.

 

I've done it all right so far, haven't I?

(other than not being able to pay my CT in the first place)

(all correspondence, including them saying they can only accept a payment plan once they have a Levy is in writing and stored).

 

What next?

 

TIA

[dx100uk]

how many times have they been?

 

quite honestly I wouldn't even have bothered speaking to them

 

just pay the council.

 

dx

[littlemissgri]

They've turned up 4 times in 2 weeks, only once knocked, the other times just shoved a letter through the door.

[ploddertom]

Providing you deny them access to your home or prevent them making a levy on goods outside - a car perhaps - then they may only charge a maximum of £42-50 no matter how many times they visit. However they can be quite inventive by levying on a vehicle that is parked nearby then asking you to prove you don't own it.

[littlemissgri]

Well we don't own a car, good luck if they want to Levy on of the neighbours! Funnily, I have just had an email from them saying as we haven't contacted them to discuss payment, the council have obtained a Warrant of Execution to remove our belonging. Interestingly, no Warrant of Execution has been sent to us. And I believe that this has to give us 7 days notice and a date that they plan to come round. I guess I can still refuse entry then? They still can't break in, can they?

[dx100uk]

nope all bluff.

 

dx

[ploddertom]

There is no Warrant of Execution for Council Tax!

[ploddertom]

It does sound as if JBW have an old edition of Council Tax Enforcement for Dummies or is it the faxt they have spit the dummy out!

[littlemissgri]

Oh good, more things to fuel my formal complaint. B******ds! I don't mind paying, I just don't like being lied to.

[littlemissgri]

this is what they sent me

 

"

Following our recent visit on 20 Feb 2014 you have not contacted us to discuss your payment options.

 

Plymouth City Council has obtained a Warrant of Execution / Liability Order to recover their outstanding debt.

 

This Warrant of Execution / Liability Order allows the Council to instruct bailiffs to visit your property

and remove your goods to the value of the debt."

 

this is what I sent them.

 

"I have contacted you on numerous occasions.

 

You are refusing to discuss this without a Levy.

Which is incorrect.

Your Bailiff who visited on 20th February is not listed on the register of certified bailiffs

and is not therefore authorised to collect this debt,

futhermore.

A formal complaint is in process"

[ploddertom]

in my opinion I would now stop contacting them &

 

if they turn up at the door just ignore them.

 

If you have the Council Tax ref No then just pay the Council direct via

online banking,

Council website or

automated phone service.

 

If the Council are adopting the line of "nothing to do with us"

- when inactual fact they are 100% responsible

- then get in touch with you local Councillor(s) and ask them to help on your behalf.

 

If paying the Council direct you will have to budget extra for the lawful fees of the Bailiff.

[littlemissgri]

Thats exactly what I thought. Thank you. Happy to pay the fees to whomever wishes to take them

[ploddertom]

You may need to start by getting various bits of info, start with this. 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

[littlemissgri]

Is that in order to make my complaint or for fighting the Bailiff?

[brassnecked]

Is that in order to make my complaint or for fighting the Bailiff?

Partly, it is to see what differs from what the council are asking for compared to the bailiff.

[littlemissgri]

Ah got ya! Will definitely do that, especially since I plan to pay the council I need to keep track of how much I am decreasing it by

[ploddertom]

Sorry had to disappear earlier. You should also send for a breakdown of the fees they are trying to charge, you could use something similar to this by email followed by a letter 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"