Busted & Stupid Coming today to remove goods - CTAX debt

[ClareMacca77]

There's 2 liabilty orders one for last year. 1 issued in July for this year.

 

The CGA was done for last year's liabilty in April and I was paying 200pm the debt was £1100 approx and it was down to £600

 

Then in July a further liabilty order was issued for £2500 approx and they wanted x2 payments of £1500 approx which I couldn't afford.

 

 

as no payment was made in August they've made a return visit issuing me with a re.entry notice saying that the two liabilty orders have been lumped together and it didnt matter that the CDA was made on a previous LA as it now applies to both LA's.

 

I disputed this with him saying if that was the case then the CDA is invalid as it doesn't show the correct amount currently owed as is was only completes against the first L.A.....said it didn't matter

 

CDA shows debt 2000.31 minus 871 already paid.

Then he added 75 compliance fee & 235 enforcement fee leaving 1439 debt.

 

're.entry notice states Debt 3119

 

Then next page is debt 2658 and they've added 75 compliance 276 enforcent and 110 sale stage equalling the 3119 as shown on first page

[Bailiff Advice]

Clare,

 

Being completely realistic, the enforcement agent will not be seeking removal of your goods and I wouldn't worry either about the 'sale fee' of £110 being applied. Your account is quite clearly one that will be returned back to the council in a short period of time.

 

The proposed charging order will also not be a option, not least because of the time that would be taken to complete the charge.

 

If it is your intention to clear the debt form the proceeds of sale, then by far the best solution would be to propose to the council that your solicitor provide an undertaking to the council to pay the debt on completion of the house sale. This is actually quite a common scenario with councils and other creditors alike.

[ClareMacca77]

Thank You, hopefully you are right. Sounds like an excellent idea about the undertaking rather than the charge as I do have every intention of repaying though the house sale.

 

You are all so very helpful

[ClareMacca77]

Yea that's right, I didn't make the 200 payment as they said the amount remaining on that was now just added to the other one and that was the plan they could offer.

 

Baliff visits

1 to do the CDA

1 to issue me with 're.entry 2 days notice that was last Tuesday

[ClareMacca77]

That's really great thank you.

God it's like a minefield.

I'll email him now as I have his email address

[ClareMacca77]

It's a disgrace. I get that these are people doing a job but to use people fears to make money wrongly is shameful. Also I agreed to have paperwork by B&S Emailed and have had letters from.them in this way so no reason at all that it could not have been sent this way

Email sent Thank you very much.

 

Incidentally they've still not knocked back do you think they won't bother or will wait till Monday and if he does do I now say that I've asked that the enforcement be suspended?

[ClareMacca77]

Great ta.

Ive also argued that baliff doing my original CGA agreement should have returned the case to the council at that point as it was clear I had no means to clear this debt with any goods and by not returning it they've only done so to keep fees.

 

If he does knock I'm going to tell him to nob off.

 

 

I know he will argue he can break in but the code of conduct specifically states under no circumstances should an EO break into a property without agreement from the council

[ClareMacca77]

Hi just thought I'd post an update.

 

 

B&S have stated that the 2nd enforcement fee was added wrong

have removed it

and council are happy everything else is correct..

 

 

.im not sure how they can justify the sale fee as they could not have taken things that day but hey ho.

 

Council have agreed due to the house now being up for sale to take the case back from the baliffs and go with charging order.

 

 

They will not accept a solicitors letter as there is no imminent sale.

 

So they are off my back and if like to thank you all for your help

[ClareMacca77]

Ahh I never thought of that

I will check they've all been removed.

 

Apparently they apologise for this 'oversight pfft

 

I think it's around a 100 but I will definately ask that question when I reply,

 

I'm hoping that as I have folks interested in the house it will move to imminent sale rather soon

 

and before they get started on the charging paperwork so they will then accept a sols letter.

[AndyOrch]

An application for a charging order costs £110

[ClareMacca77]

Brilliant thank you. I'll devise an email back over the weekend and send it Monday morning

[Bailiff Advice]

Ahh I never thought of that I will check they've all been removed. Apparently they apologise for this 'oversight pfft

I think it's around a 100 but I will definately ask that question when I reply, I'm hoping that as I have folks interested in the house it will move to imminent sale rather soon and before they get started on the charging paperwork so they will then accept a sols letter.

 

I would still suggest that you try the undertaking route with the council.

 

If it is the case that a Charging Order is their preferred route, then please check first with the council whether they intend to apply any costs. Only today I have been trying to assist a debtor who has two separate charging orders on his property by a local authority for council tax arrears and the fees are simpy horrendous. There are obviously different circumstances inolved, but nonetheless, you should check in advance with the council.

[ClareMacca77]

I will definately check what they are going to add

 

Many thanks