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Hi, advise needed please.

 

Last week I had a bailiff come round to my rented flat, to claim an amount for a council tax bill from 13 yrs ago. I wasn't in at the time, the said bailiff managed to get my phone number from my young daughter :mad2:, and after repeated calls I got him to leave my property and daughter alone. He has threatened me with police action, lock removal and removal of my partners property,(as I literally own the clothes on my back and nothing else). I have told the bailiff that I do not want to avoid the original debt, and Im willing to enter into an agreement to pay the debt off in installments. This offer has been refused saying that this has gone on for too long and because of previous visits, of which we as a family have no knowledge. Where and how do I stand?

 

Any advise is more than welcome

 

Thanks in advance

 

Lou Lou

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He had no business dealing with her and should have left. Enough in my view to already make a complaint. Have you had any previuos letters from Bailiffs or Council over this? Do you still live within the same Council area?

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Unfortunately I haven't any correspondence, I been suffering with depression as well as alcohol addiction and i'm now in recovery, (no excuse I know), and have let things go on for far too long. The debt is for a different borough.

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This is the response I received from the courts when I queried it

 

 

You need to contact Bromley Council to confirm that a Liability Order was issued in the court for the outstanding council tax, if possible ask them to send you a copy of the Liability Order.

 

Once your debt has gone to the bailiffs you have to negotiate with the bailiffs paying the debt by instalments, the council would not normally involve themselves in any negotiations, but you can talk to the council about that.

 

You can ask the court to set aside the Liability Order if you think that you have a genuine and arguable case; the Liability Order must have been made as a result of a substantial procedural error, defect or mishap, and the application to set aside the order must be made promptly.

 

There is a fee of £205.00 for making the court application to set aside the Liability Order.If the council contest the case at the first court hearing, there will be a further £515.00 payable to continue with the proceedings.

 

If you decide to ask the court to set aside the Liability Order, reply on this email giving full reasons as to why. We will contact you after a decision is made to talk about payment.

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Please do name the firm of bailiffs, as what they have done asking a 12 year old for your details would be against the rules. They are a minor and should not have been spoken to about this.

 

As for the situation, you should contact the council concerned to make a complaint and to inform them of your vulnerability. The council should take this debt back and allow you to come to a payment arrangement with them.

We could do with some help from you.

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Formal complaint to council regarding breach of National Standards by their agent JBW viz interrogting a minor who obviosly is below the age of 18

 

72. Enforcement agents must withdraw from domestic premises if the only person

present is, or appears to be, under the age of 16 or is deemed to be vulnerable

by the enforcement agent; they can ask when the debtor will be home - if

appropriate.

 

73. Enforcement agents must withdraw without making enquiries if the only persons

present are children who appear to be under the age of 12.

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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So I complain to the council about JBW and see if they will be willing to enter a repayment agreement?

 

Yes and also make them aware of your vulnerability issues. Suggest that you complain in writing.

We could do with some help from you.

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As this is JBW if your 12 year old was riding a bike they would probably have tried to clamp it, seriously though ask your local councillor to intervene on your behalf, explain that the bailiff/EA breached the National Standards and frightened a 12 year old.

We could do with some help from you.

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Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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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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Thank you all so much for your advise, food for thought :roll:

Would it be effective to email them, then I have electronic copies of everything.

 

You can email them, but I would also suggest posting a letter as well, if they don't respond quickly.

We could do with some help from you.

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