Council Tax Liability Order Bailiff No Enforcement Notice

[no.7]

Hi all.

 

It is not in my interest to falsify anything here, so though it hurts, here's my issue...

 

I currently owe, quite rightly council tax arrears of £2050.

 

I moved into my property on 1/8/2020 during Covid times and within 4 months lost my job as a result and have been on the breadline ever since.

 

I DID have savings, but made a calculated decision to prioritise food and heating and the roof over my head, rather than pay non-essential bills,

expecting the pandemic to be done and dusted and things back on track within m a short space of time following the ultimate remedy of the vaccination programme.

 

However, these have been proved to be unprecedented times and this decision, made in all good faith and intention has caught up with me and I have bite marks on my backside as a result.

 

This morning I find a liability order was issued on 21/6 2021, of which I wasn't aware and a bailiff has given me 24hrs notice of removal of goods via envelope pushed through my door sometime between 22.00 and 05.30 Sunday into Monday morning.

 

Due to my situation I am unable currently to make any payment to clear the debt, but to try and somewhat clear my debts I have instructed an estate agent to sell my property, downsize and therefore release some equity to clear everything.

 

Is it possible the council would consider taking the debt back and arranging payment via these terms?

 

I know the obvious answer is 'ask them', but is there anything I can do, or need to do to put the proposal in a more than acceptable light??

 

Just for the benefit of anyone else in my situation, I have contacted the council directly and they are contacting the bailiff (Jacobs) for me stating they are willing to accept payments of £50 per month made to the bailiff directly and the balance outstanding to be paid on completion of the house sale. No legal documents or charges on the property, they have taken me at my word.

 

I believe it only fair I should mention my council is that of Hinckley and Bosworth and they obviously owe me nothing, but have listened to my case on it's own merit and all I can be is most grateful.

 

Sorry I didn't allow much chance for replies, but thought it best to act swiftly given this mornings events.

 

No.7

 

Many thanks in advance.

 

No.7

Edited January 24, 2022 by dx100uk
Added blank lines merges single cosect posts

[dx100uk]

Why have you not received a notice of enforcement prior to the removal notice

 

. If no NOE was sent to your address now . They can't charge bailiff fees £75 NOA + £235 attendance fee . They must be removed!!

 

You should not ever be selling your home!!.. don't!!

 

Manage your budget properly. Dump monthly mobile contact on phones, digital TV subs, etc

 

Bailiffs on ctax debt have zero rights of forced entry. And to all intent and purpose can be ignored 

 

 

[Homer67]

As DX said there's no right of forced entry on Council Tax debts so despite what they may infer, Bailiffs cannot force their way into your home.

 

They will levy on any vehicle they think belongs to you (and they're not too fussy when it comes to checking) so if you or anyone living in your house has a car, move it onto someone else's private land if possible, or a few streets away.

 

So even though there is no right of forced entry for CTAX debts the Bailiff will try to gain 'peaceful entry' so never ever open the door to them, they'll step over the threshold and there's not much you can do to stop them proceeding at that point.

 

Open a window on the highest level you have, tell them you're not allowing them access and you are dealing with the Council to resolve the debt, ignore what they say and shut the window, the more you engage with them the more likely they are to confuse you and persuade you to do something you don't need to.

 

Definitely make sure you follow up with the Council to make payments towards the debt of what YOU can afford.

 

Edited January 24, 2022 by Homer67
typo

[dx100uk]

No NOE to your address = no bailiff fees in most cases

go sort that out with the council and please dont sell your home!!

 

ctax like rent/mortgage, gas/electric is a priority debt and must be paid. Drop every other monthly debt/expence /bill/dd to £1pcm.

 

Budget properly.

 

Dx

[dx100uk]

did you recontact the council CTAX unit?

you need to ask the original value of the Liability order they attained, that is the only sum you should be paying off. (+£50ish for attaining the LO)

 

anything else are unlawful bailiff fees that must be removed as no notice of enforcement was ever sent to your address??

[Bailiff Advice]

I am really pleased to hear that the council have instructed the enforcement company to accept a payment arrangement of  £50 per month. Once that has been set up, it may be wise to look into the reason why a Notice of Enforcement had not been received. 

 

I am so sorry to hear about the loss of your employment. Were you not entitled to make a claim for benefits (which would have included council tax)?

 

If the council tax arrears is your only debt, then like other advisors on here, I would urge you not to rush hastily into 'downsizing'. 

 

PS: I hope that you receive some good news on the employment front very soon. 

[brassnecked]

If you are on low income you may well be entitled to claim Council Tax Relief, it t should be a part of any Universal Credit claim, DWP would signpost you to the Council to make a claim.  Might be worth asking council to backdate if your savings and income were below the threshold   and you can make a claim.