ME and My 2 CTAX LO's - now Bailiffs..

[impecunious]

Female, single, no children. Am now self-employed - new small business start up ... retail .. still in receipt of benefits - NEA currently £33 pw for another 5-6 weeks.

 

 

Current CT is in arrears but on payment plan .. due to low/non-existent income.

 

 

I've advised council(s) of my financial circumstances, completed income forms and yet they still ask for more than I can realistically afford. The NEA I receive goes to cover some of my business overheads .... it's not household income.

 

 

Imp

[impecunious]

Can they make an Attachments to Benefits when NEA will only run for another 5-6 weeks and when it's the only income I have? Surely £33 pw is not enough to live on, never mind make deductions from. I'm already exhausting every ounce of money-saving skills I have to keep the wolves from the door.

 

 

After spending almost a year on JSA, I'm loathe to go cap in hand to the Government for more hand-outs .... especially when I'm working full-time plus on the new business. Especially when there's every possibility that the business could be successful .. and start making money any day/week/month soon. I'm constantly being distracted from business activity to satisfy the admin needs of Housing Benefit, CT benefit, NEA team, business adviser, etc. I just feel that another level of bureaucratic interference will send me over the edge.

 

 

Imp

[impecunious]

Hi Everyone

 

 

I've been out of the loop for a while because I've been able to stay on top of my Council Tax until fairly recently... currently receiving £33 pw NEA to help with my new business start-up, HB and CT reduction. My current income, after business expenses, is just £44.00 pcm (private pension).

 

 

The council have just sent me an e-mail stating that Bristow and Sutor attended earlier this month (whilst I was out) and I owe them almost £285.00. B&S did not leave any notification evidencing their attendance or unsuccessful entry ... don't they have to leave me a letter in a sealed envelope stating 1st visit and stating their charges? I'm not unduly bothered by bailiffs, as I'm aware of "peaceful entry" etc being a long-time member here.

 

 

I notice that Bailiff charges are increasing in April this year but until that time are 1st and 2nd visit charges still £24.50 and £18.00???

 

 

I've also been advised that I owe the council directly (under £100).

 

 

From what I've read, it might be that because the debt is under £100 instructing bailiffs (despite a liability order) is OTT and that adding £285.00 to my outstanding arrears is disproportionate and I can appeal/make a formal complaint. (I assume that the £285.00 is the new Bailiffs charge plus VAT but because no letter was left, I'm just guessing.)

 

 

Some advice would be welcome before I send off an e-mail to the local council tax office. And, I have been keeping the council updated as to my(dire) financial situation for the last few months.

 

 

Thank you.

 

 

 

 

(Still) Impecunious!

[lookinforinfo]

The new Bailiff fees do not come in to force until April.

 

However bailiffs would be failing in their job if they weren't up to making a bit extra for themselves by throwing in the odd phantom visit as well multiplying the first visit fee with the current year to arrive

at a figure they would like o be paid.

 

Apparently the new system will put an end to all those malpractices. Yeah right.

 

First thing is to get on to the Council and confirm the exact amount you owe them along with the extra Court costs. At the same time you could check to see if there are any more benefits you could apply for to help you through this difficult time. At the same time you could ask them if your current benefits qualify you to be classed as vulnerable which should mean that the bailiffs should be called off.

 

Complain to the Council that the bailiffs have not left you with any paperwork at all to indicate how they have arrived at such a high figure. State that this is a stage one complaint as a] it is disproportionate to the

amount owed and b] you have no notice from B&S [i think that stands for bull ****ters] of any visit nor any levy.Ask the Council to provide you with details of the breakdown with dates incurred of all bailiff fees

and you will not hesitate to contact the Ombudsman should you receive an unsatisfactory response.

 

In the meantime, if you have a car move it away from your property and anything else in the garden [furniture for example] that B&S could levy on.

 

I suspect that they have probably levied on some ones car near your home if you haven't a car of your own. Either way, it doesn't matter since the levy would be invalid without you having received a notice

from the bailiffs advising you of their levy.

[impecunious]

Hi lookingforinfo

 

 

Thanks! Exactly as I thought, just wanted to make sure before I respond to the council again ... I managed to keep Rossendales at bay for over 16 months before now and had the account returned to the council so kinda know my way around but knew that changes were in the pipeline re: bailiff charges. I just couldn't understand why my council would want me to pay B&S so much and still pay the council a separate amount directly! It didn't make any sense, especially when I haven't heard a thing from B&S.

 

 

Starting business after being unemployed is fraught with difficulties but I know it will work ... and eventually pay me a wage. I put in a claim for WTC two weeks ago and this still has be processed/approved. HMRC advised that this may take about 5 weeks. I already advised the council that I was classified as "vulnerable" for CT/bailiff purposes.

 

 

Phantom visit? Yes, a distinct possibility! Levying on a car? Yes, a distinct possibility but if they did levy on my car -- Ooops-a-daisy, my daughter bought it, she's the owner, I'm just the registered keeper.

 

 

I shan't be losing any sleep over this but, obviously, can do without all the hassle.

 

 

Thanks for responding so quickly.

 

 

 

 

(Still) Impecunious

[lookinforinfo]

You will have to be careful with the car then as the bailiffs may well clamp it until they get definite confirmation that the car is your daughters-eg finance form in her name or V5 doc. They will use

pressure by clamping to get you to pay up. If car is on HP then even if it was your car they still couldn't take it, but they still think they can clamp it.

[impecunious]

If they had levied on the car, surely they would have left notification?? Either through door or attached to car that it had been levied.

 

 

My daughter bought the car but I'm the registered keeper, she only uses it when her own car is out of action (as in for 3 days this week). She has fully comp insurance on her own car and I insure the one I use. V5 isn't proof of ownership - just registered keeper's information isn't it?

 

 

The car is next to worthless anyway ... only cost £100 and you have to jemmy the front panel out of the way before the driver's door opens :O)

 

 

Anyway, heard from council today that they are treating it as a Stage 1 formal complaint and will respond to all my questions within 20 days and have put all recovery action on hold for now.

 

 

 

 

(Still) Impecunious!

[impecunious]

Hi

 

 

Can anyone advise whether there is a minimum level of income/benefits below which it is deemed unrealistic to make deductions for CT arrears?

 

 

Until my business establishes itself and I am able to draw a wage and my claim for WTC is processed/approved, my only income is £44.00 pcm. (I will continue to receive £33 pw NEA but that ends in 2 weeks' time and contributes towards my business rent.)

 

 

I have two liability orders for CT: one current, one historic to another council.

 

BOTH are insisting I pay them in excess of what I can realistically afford ....

.. the current council wants £3.80/week (bailiff action and Magistrate Court on hold)

 

and the historic £2.50 each week (I pay them token £1/month but they are threatening bailiff action).

 

So, from approx. £10.26 per week income, they want to take £6.30 ..

. leaving me with just under £4.00 pw for food, gas, electricity, water rates, etc.

 

How do I make them understand that it isn't possible atm?

 

I have explained and sent both councils income/expenditure figures til I am blue in the face.

 

(Still) Impecunious!

[lookinforinfo]

Well that is good news. Come back to us if the Council in the end back their bailiffs or if you have anything else about the situation that you want to clarify in the meantime.

[lookinforinfo]

If they had levied on the car, surely they would have left notification?? Either through door or attached to car that it had been levied.

 

That is how it should work but some bailiffs make up scenarios to frighten you in paying up or to make money for them self without it going through their company.

[dx100uk]

are you sure you are getting everything you are entitled too dear sir

 

theres a site that might help:

entitledto.com

 

 

http://www.entitledto.co.uk/

[brassnecked]

That is how it should work but some bailiffs make up scenarios to frighten you in paying up or to make money for them self without it going through their company.

If they thought your motor wasn't worth levying as in they would only get scrap value, they still may levy to garner fees and use the levy as a frightener to get you to pay. Alteernatively they may well levy a neighbour's or a random car. these third party levies would then be unlawful, but the bailiff hopes you don't know that.

[impecunious]

Thanks lookinforinfo .. will do

 

 

(Still) Impecunious!

[impecunious]

If they thought your motor wasn't worth levying as in they would only get scrap value, they still may levy to garner fees and use the levy as a frightener to get you to pay. Alteernatively they may well levy a neighbour's or a random car. these third party levies would then be unlawful, but the bailiff hopes you don't know that.

 

 

 

Luckily, I'm clued up after being a member here for years now ... fought off Rossies for 14 months by being totally pig-headed and working my way through all the info on here ... knowledge is power :O)

 

 

Best wishes

 

 

 

 

(Still) Impecunious!

 

 

P.S. Isn't it awful when you're better off on JSA than working 8-12 hours a day, 7 days a week!

[impecunious]

I reluctantly made a claim for Working Tax Credits a fortnight ago -- I just wanted to be rid of claiming benefits but it's impossible. You'd think that making the decision to go self-employed after being unemployed for over ten months would earn you "brownie points" and real support instead of just miserly NEA payments for a limited period .... and some consideration from the likes of CT and HB departments but, the reality is, that their administration is draconian and intrusive, there is no consideration and there is no real help to support people whilst they "find their feet".

 

 

Luckily, I'm made of stern stuff ... don't mind being frugal and love my new business with a passion. I know it will work. I just have to ride out the storm for however long it takes. I just hate continually being chased for payments, threatened with bailiffs and Magistrates Court action, bombarded with debt collection letters and wondering what will come through the door next ... especially when I work 7 days a week and still can't afford to pay my bills. I will get through it though!

 

 

I had a penalty notice for £100 from HMRC yesterday for late self-assessment return ... Grrrr!!! I only started self-employment in October, so I don't have to complete a tax return until next January! Another evening spent producing evidence and making an official appeal. Let's hope they see sense. If it's not one thing, it's another!

 

 

 

 

(Still) Impecunious!

[brassnecked]

Luckily, I'm clued up after being a member here for years now ... fought off Rossies for 14 months by being totally pig-headed and working my way through all the info on here ... knowledge is power :O)

 

 

Best wishes

 

 

 

 

(Still) Impecunious!

 

 

P.S!. Isn't it awful when you're better off on JSA than working 8-12 hours a day, 7 days a week It is egregious, especially if they get put on Pauline's Restart Course in Royston Vasey

 

 

I think the new regulations, fee scale and interpleaders will make things much worse come April.

[impecunious]

Best get all this sorted then by the end of the month!!! But, at the end of the day, no-one can get blood out of a stone. I'm not called Impecunious for nothing!

 

 

 

 

(Still) Impecunious!

[impecunious]

Just when I thought I was more or less on top of things!

 

 

I received a letter from Equita who are acting on behalf of my former city council to collect my outstanding CT arrears

and, of course, they have charged me a £75.00 Compliance Stage fee.

 

The original liability order was issued in 2005.

I arranged with the council to repay the outstanding CT at £12.50 pcm.

 

 

All was well until I become unemployed just over two years ago (on JSA then NEA for new business start-up) and

 

 

I subsequently had to reduce my repayments to just £1.00 pcm as my income was negligible.

I advised the council of my change in circumstances in writing/by e-mail and continued to pay the monthly repayment of £1.00 by standing order.

(I even sent them an income and expenses sheet to prove that £1.00 was all I could afford.)

I told them I would increase my monthly payment when my financial circumstances improved.

 

 

Unfortunately, there has been no change - if anything, I am slightly worse off.

(I'm working as self-employed on a new small business and haven't been able to draw a wage yet, so I receive WTC of £53.45 pw.)

 

Whilst I'm continuing to pay the council,

I wonder what will be gained from sending in the heavies!

 

 

I live in a shared house, have no tangible assets and my income is less than the law says I should get to live on

(according to my current council's HB dept.).

 

 

The compliance stage fee alone will take 75 months to pay off @ £1/pcm!!!

 

I think the original debt was over £1,200 and now I only have just under £250 outstanding.

So, I'm definitely reducing the liability, if only ever so slowly.

I've written to Equita explaining the situation.

Does anyone have any advice on what to do next?

 

I'm usually pretty au fait with managing debt collection agencies, etc.

but I've never been in a situation when I'm already paying my creditor (and have done for years)

and then they farm it out to a debt collection agency -

- with the powers to impose Compliance Stage Fee and Enforcement Fees further down the line.

 

 

Instead of reducing my debt, it could potentially double -- I'll probably pop my clogs before I finish paying it!

 

Thanks guys 'n girls too.

 

Impecunious!

[Bailiff Advice]

There are so many councils currently looking at their bad debts and passing them to bailiffs. No doubt they are looking towards debtors to 'plug the gap' that had arisen from government funding cuts.

 

It is good to see that you are addressing the matter by writing to Equita during the Compliance Stage. I would suggest that you ask for details of all bailiff fees that have been added to the account over the years. This is most important as it may well be that a previous 'levy' fee' or even an 'attending to remove fee' may have been applied wrongly.

[impecunious]

Thanks for replying so quickly. The council previously instructed Rossendale many years ago to collect but I managed to see them off without incurring any charges/fees.

 

 

Equita are new on the scene on this case. I was always very confident in handling things but, obviously, the new legislation came in last year and I haven't had any experience of it. They've just charged the £75.00 so far. I know not to let them in, etc. etc.

 

 

I've written to the council in question and asked them to "take back the account". It will take me over 6 years to just pay back the Compliance Stage Fee and another twenty years to pay back the arrears, and I'll probably be dead before I could even start to pay back any Enforcement Stage fees they may add on.

 

 

I'm really not too worried -- after all, you can't get blood out of a stone and I'm not called Impecunious for nothing!

 

 

Thank you.

 

 

 

 

Impecunious

[Mr.P]

Correct me if I'm wrong, but surely the old scale of fees would apply to this L.O., not the new ones...?

[Bailiff Advice]

Correct me if I'm wrong, but surely the old scale of fees would apply to this L.O., not the new ones...?

 

With all debts that are pre 6th April (when the new fee scale was introduced) it is important to get full details of all previous fees charged to ascertain what fee (if any) can now be charged.

[lookinforinfo]

Did you have no knowledge that the Council were sending your account to the bailiffs.

[impecunious]

That I really don't know. Would appreciate some advice. The original Liability Order was issued on 28.07.2005.

 

 

Thanks

 

 

Impecunious!

[impecunious]

Did you have no knowledge that the Council were sending your account to the bailiffs.

 

 

 

 

 

Equita referred to a previous letter but I hadn't seen anything. The Notice of Enforcement was my first inkling.

 

 

 

 

Impecunious