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Myself and my partner are in the process of sorting a DRO .

Phoenix Collections have been bugging me for a Ctax debt of 250 quid and i have told them that i am in the process of sorting a DRO, all correspondence has been by recorded delivery.

 

This morning a letter arrived to say they shall be sending somebody out etc .

I have previously dealt with them with an old CTAX bill which i paid in full.

 

With the previous debt they were let into the property but didnt add up any goods etc but the debt was paid.

 

my question is

Do they have a right to enter my property now as its a new debt ?

or does it not matter as they have been in with a previous one

 

Slightly confused , they just wont back off

Edited by dx100uk
Spacing

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No they dont have right of entry no

 

Why are you going for a dro?

Hope you are not including debts owned by dca's in that without checking enforceability first?

 

Why dont you speak directly with the council?

Its on [or was!] £250


..

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We have had to sort a DRO as debts are getting well out of control , im now a carer for my partner who also had 3 heart attacks last year so finances are not the greatest , so was advised by CAB and stepchange to do it.

 

I have contacted the council and they dont seem to care.

This council tax debt was included when i filled out the relevant paperwork for the DRO, just waiting back to hear from the step change/insolvency service, the 2 x £90 fees have not been paid as yet

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What are the debts other than Council Tax; are any "owed" to a DCA? Those might be unenforceable


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Myself and my partner are in the process of sorting a DRO .

Phoenix Collections have been bugging me for a Ctax debt of 250 quid and i have told them that i am in the process of sorting a DRO, all correspondence has been by recorded delivery.

 

This morning a letter arrived to say they shall be sending somebody out etc .

I have previously dealt with them with an old CTAX bill which i paid in full.

 

With the previous debt they were let into the property but didnt add up any goods etc but the debt was paid.

 

My question is, do they have a right to enter my property now as its a new debt or does it not matter as they have been in with a previous one.

 

Slightly confused , they just wont back off

 

Firstly, I am sorry to hear of your husbands ill health.

 

As the previous debt has been paid off, this new one is considered an entirely separate debt and the enforcement agent may only gain entry into your property by what is called 'peaceful means'. By this, he would need to be invited into the property or alternatively, be able to walk into the house through an unlocked or open door.

 

What letter have you received? Is it called a Notice of Enforcement? If so, there will be a 'cut off' date by when either full payment or a payment arrangement needs to be set up by. This period of time is called a 'Compliance' period. What date is given on the notice?

 

Is the council tax debt in your name or your husband's?

 

Do either you or your husband have a car outside of your house?

 

PS: Until the Debt Relief Order has been approved, enforcement can indeed continue but I will come back to this once I have read your reply.

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The council tax bill is in both of our names, we have both applied for individual dro .

 

The letter i have received is titled "Final Notice" they say that i have failed to respond to the notice of enforcement , though i have sent them to recorded delivered letters.

 

On the rear of the letter it has a "Warrant Date" is that the date of the notice of enforcement?

 

I have no problems with dealing with them on my doorstep as i know they will turn up with there bullish antics like they did with the previous debt. Sadly that time i was not aware of what actual rights they had and the rights that they say they had etc

 

Council have been informed about the DRO

 

We do have a £300 banger parked in the communal carpark , sorry for the extra posts cannot work out how to edit my post to add these bit

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Council have been informed about the DRO

 

But until the DRO has been approved, it is merely just a proposal.

 

Given the you AND your husband are named on the council tax bill, I would suggest that Phoenix Commercial are made aware of his ill health.

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We have had to sort a DRO as debts are getting well out of control , im now a carer for my partner who also had 3 heart attacks last year so finances are not the greatest , so was advised by CAB and stepchange to do it.

 

I have contacted the council and they dont seem to care.

This council tax debt was included when i filled out the relevant paperwork for the DRO, just waiting back to hear from the step change/insolvency service, the 2 x £90 fees have not been paid as yet

 

Hi there,

 

I'm a broken record on this. Ringing the Customer Service will get you nowhere. Below is how to put a rapid end to this matter.

 

Email / Call your local councillor / elected head of council My words would be along the lines of.

 

'Dear xyz,

 

The council is still using bailiffs to recover our £250 council tax debt. This is despite me explaining repeatedly to the customer service department that my partner has had 3 heart attacks this year, and that any any added stress could cause another.

 

I trust that you will deal with this issue and remove the bailiffs from this case immediately.

 

I am happy to supply any GP /Consultant notes as necessary.'


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But until the DRO has been approved, it is merely just a proposal.

 

Given the you AND your husband are named on the council tax bill, I would suggest that Phoenix Commercial are made aware of his ill health.

 

You mention that you are a Carer for your husband. I am assuming that your husband has been awarded the necessary benefits. Have you been awarded Carers Allowance?

 

Have you actually provided documentary or medical evidence to Phoenix Commercial regarding your husband? And if so, when was the evidence provided?

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Do as I said above.

My circumstances were similar to your's in that my wife had been very ill.

I offered medical records, GP letter etc but the whole thing was cancelled without me needing to provide anything.

By all means copy Phoenix Commercial in on the email but they will only respond when the council tell them to get off you.

 

Google your local Council's code of practice too.

It should clearly state that they will not pursue anyone who they consider vulnerable, there is no doubt that a triple heart attack falls under that description. I did mention that in my email too.

 

FYI it took less than 24 hours for the Bailiffs to be called off.


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I second the case that you should return back to the council with your evidence of illhealth and vulnerability and ask the council to "pull back" the case from enforcement agents and copy in Pheonix.

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