Council Tax and Bailiffs ref only - NO POSTS ALLOWED

[jubjub11167]

i owe money to a creditor , called DUKES BALIFFS ... they came round to my house last week trying to take my car away unless i paid half the amount owed .. i paid them £550 which i borrowed , and agreed with them that i would pay the remaining outstanding amount in installments starting on the 10th of april ... i have just rang them to ask if i could wait till the end of april to start paying... but they point blank refused ... IS THIS UNREASONABLE , AND COULD I TAKE THIS TO COURT AND ASK THEM TO INTERVENE .... i can't even sell the car , because they say they own it until the debt has been paid .. many thanks , andy

 

can someone please advise on what would be the best course of action ... i don't have any money left ..

[casbah]

Hi

 

I think your post may be in the wrong place but until such times as someone moves it we'll give it our best shot.

You say they levied against your car...............do you own the car? or is it on HP?

I think the rules are different for credit debts. Did you run up a debt through a business?

Sorry to ask so many questions but things are not the same for council tax debts.

 

Cas

[voltaire]

Hello! I'm wondering if anyone can give me instant advice about what to do. I've had Rossendales bailliffs at my door for unpaid council tax, because I missed one payment of 50 pounds to my local council. They want me to pay 200 of a total bill of around 600. I've told them I can't do that, but can give them 50, followed by more instalments of the same amount. They're saying that's only acceptable if I fill in a statement of means form.

 

So first:

Do they have a legal right to make me fill in the statement of means form?

I think it's an invasion of privacy, and I don't see why they can't just accept my offer, given that the debt's not that huge.

And second:

Can't i just pay the council, as I was doing before?

 

I'd be pleased if someone would get back to me: the same bailiff is coming round to my house later on today!

[casbah]

Have they levied?

Have you signed a walking possesion order?

 

cas

[voltaire]

Thanks so much for getting back to me! Bailiffs can be pretty scarey when you're a woman living on your own. I haven't signed anything, and don't plan to either. And I won't be letting the Bailiff into my house, even though I've got nothing to hide or any possessions of any value he could take.

 

I don't know what you mean by levied! You mean has he been into my house and taken stock of my measly possessions? No is the anwer to that.

 

But I've spent all day on the phone, either to the council, or to the bailiff, who turned out to have a rather nasty temper once I told him that I didn't want him to come to my house for a second time to post the means-test form through my door, because that would cost me extra money. All I wanted was a way in which I could pay him £50 today, but he said that was impossible unless I'd made a legally binding arrangement.

 

I understand, as well, that the bailiff has no legal right to force me to fill in the means-test form, and in any case I'm not prepared to do that because I think it's an infringement of personal liberty, and because I think I'll get utterly stitched up - they calculate it according to government figures (you know, the ones the govt use to say that £57 a week is enough to pay your bills and buy your food), and I suspect I'll be left with so little to live on that me and my daughter will basically be starving even though I work.

 

The bailiff eventually put the phone down on me, but not before saying he'd be coming round anyway to post the forms (he hasn't, as yet), and then threatening to 'send a van round', whatever that means. All I wanted to do was give him some cash! Not as much as he wanted, admittedly, but still better than nothing, and the same amount I was already paying to the council.

 

I should add that the whole figure is arrears, from last year, with a benefit overpayment added on. And that the council have already admitted that I'm only one month behind with these arrears payments.

 

The only thing I can think of to do is pay the cash direct to the council, because then at least someone's getting it.

[casbah]

Hi

 

ok a levy is where they come to your house and list all the things they feel they could sell at auction to recover the value of the debt.

If they haven't got this then they can't enforce it BUT anything outside your property can be listed, ( they recently listed a satelite dish on the outside of my house) Does your council have a website? if so go online and pay your fifty pounds, you should get an e-mail as a receipt.

Write to the council ASKING for your file to be returned. You have to pamper to the councils whim and ask. My council refused but I set up a STANDING ORDER and paid it that way, the council were furious and the bailiffs were spitting feathers but a word of warning.................. The bailiffs do not like this and in my experience they get very shirty, I have had threatening phone call at 8pm every friday night, threatening me with prison. Maybe I'm too thick to appreciate the significance, but I told them I'd see them there. By this time the debt was clear and there was not a lot they could do.

I know there are a lot of posts on here, but if you can spare the time, I'f advise you to read them, there are templates you can adjust and use to your advantage.

My bailiffs constantly tell me to contact the bailiff dealing with my case direct. I think this is a ploy and if I do contact him it could be construed as entering some sort of agreement, so I refuse to contact him.

I think the most the bailiff can charge you is for two visits, 24.00 and 18.00 total 42.00. But the most important thing is to pay your council tax, and I will only pay the council.

Now with regards to the means test, I'd be very careful, if you refuse to divulge this info to the COUNCIL, I worry they may list you as a WON'T payer, and not a can't payer. I'd do a budget sheet, again check out your councils web site, they may have a dummy run application to see if you are eligible for a rebate, I know you are not asking for one but it may give YOU some idea as to how much the council say you have to have coming in to qualify. Then you can argue with them that their website says x amount you only have x amount to spare and 50.00 is all you can afford.

 

Good luck and keep us posted

 

Cas

[casbah]

OH! I forgot something, if you decide on a STANDING ORDER, then make sure you give your bank your council tax reference number, otherwise it will not be credited to your account immediately. If you have offered 50.00 per month then set it up for 12.50 per week ( if you get weekly paid). The reason I keep harping on about STANDING ORDERS and not direct debits is, you get to say how much and when, with direct debits the council can say how much and they have clobbered me for 395.00 in one go before now. This way you have bank statements to back up that you have paid.

 

cas

[Unhappy75]

Can anyone help??

 

When my husband and I ended our relationship last year, I found out that he had not been paying the Council Tax leaving me with arrears to pay and CCJ's in my name as I was also named on the bill.

I am a single Mum working full-time with 2 children the accounts were taken over by Stanford & Green (Maidstone) via Tunbridge Wells Council.

I have received numerous letters some quoting that they are possessing my goods and one yesterday saying that an warrant will be issued for my arrest and this could result in a custodial sentence.(which as you can imagine is pretty scarey considering I'm on my own)

The amounts seemed to be going up on the accounts even though I was paying off large chunks of monies, when I contacted the named bailiff he said that the amounts were correct and that I have to pay these otherwise the above mentioned would happen. I then said that the amounts outstanding did not make sense and that I would be contacting the council to find out the true amounts to which he said not to bother and that the council would send me back to him. He demanded an amount that I would be able to pay and I said £300 (which I can not afford) by Monday.

I contacted the council and the amounts outstanding were far less than I have been quoted by nearly £700. The council then phoned them on behalf and sorted out the amounts yesterday and called me back this morning. I mentioned that I will not be able to afford the amount and they said that if I went back to him with an amount they should be able to accept it and this would be fine.....

So I contacted the bailiff this morning and said that the council had spoken to them yesterday and that the amounts were wrong and that this had been sorted-he replied by saying that he was not wrong and that if I did not pay the amount by Monday he will break into my house and take goods-very rude and would not even let me get a word in edgeways to discuss a reasonable amount. I out the phone down and contacted the council who are now getting back in touch with Stanford and Green to arrange payments. Also when I mentione dthe Bailiffs name to the council I was informed that there have been many complaints about hisa conduct.

Question is: Where do I stand with this I have never seen the bailiff in question or opened the door to him as I work in London all day. I am also concerned with the amount of charges added to my account also the threatening manner in which I am being spoken too...

 

Kind regards,

unhappy75

[casbah]

WOW

 

He really is giving you a hard time!

 

Firstly, make an appointment to go and see a revenues collector at the council, take everything. Explain that your relationship has broken down and your partner used to handle the finances.

Explain your incomings and outgoings. Do a budget sheet, and keep the council onside. Check out if the council have a website and make a payment on there, that way you'll have proof of payment and the council has accpeted payments.

Now with the bailiff...............he is scare mongering. If you have never met him then you haven't signed a walking possession order, he CANNOT gain entry to your property unless you open the door to him, he can't break in unless he has this walking possession order. But anything left in your garden, front or back, can be levied upon. He will threaten you with all sorts of things. ASK the council to take back your file, then inform him that you are dealing with the council direct and you will only deal with the council. You will have to dig deep and really find your back bone, because this sounds to me that this guy is a bully and will use every trick in the book to intimadate you. You say the council have had other complaints about him, and this concerns me, I wouldn't use this against him, but I'd say to the council has I didn't usually deal with these things I need guidance and would rather deal with them, as they are the ones in the know.

If you have the time read back over as many posts as you can, many people have been where you are, me included, but I am a bolshy old dragon and I'd give him a run for his money. I don't think thats the way for you to go. Don't forget the council are looking for WON'T payers, you have to prove you are a CAN'T payer.

If you can set up a standing order, an dpay it weekly, that way you are in moe control.

Now with regards to these fees the bailiffs say you owe................. take a very deep breath, and SAR the bailiffs, they have 40 days to respond, but they usually are much quicker. the NDL has told me that the only thing they can charge is for two visits 24.00 and 18.00

The advise sheet from the NDL is seven pages long, you can check out their advise on www. nationaldebtline.co.uk

These people are worth their weight in gold, and this website will tell you all the bailiffs can do and more importantly what they can't do.

BUt the most urgent piece of advise I will offer you is DO NOT OPEN THE DOOR TO ANY BAILIFFS DO NOT SIGN ANYTHING.

aND FINALLY THERE IS ALWAYS YOUR LOCAL BOROUGH COUNCILLOR you can get his/her details from the council and contact them and ask for their advise. They can "persuade" the council to review your situation

 

cas

[casbah]

ps the bailiffs can't send you to prison, only the council can apply for this and thats after you have had a meeting with them and they can prove you won't pay.

[Unhappy75]

Thank you so much for all your help I have spent most of the morning reading through the quotes on this link and have found them very helpful. I am awaiting feedback from the council today as the woman I have been speaking tio has been very helpful and informative she is soeaking to her supervisor about the case and then Stanford and Green to lodge a complaint about the case.

 

Thanks again,

 

Unhappy75

[casbah]

good for you

I hate the fear these people put into people.

And remember bailiffs only get paid on commission so it is you thats pays their wages and the more you are happy to pay the better off bailiffs are. But I say they should get a proper job

[jubjub11167]

Hi

 

I think your post may be in the wrong place but until such times as someone moves it we'll give it our best shot.

You say they levied against your car...............do you own the car? or is it on HP?

I think the rules are different for credit debts. Did you run up a debt through a business?

Sorry to ask so many questions but things are not the same for council tax debts.

 

Cas

 

hi cas .

i thought i had somehow ... sorry ...

as regards to your question ... the debt is for council tax ... the car is mine ...

thanks, andy

[kia]

right cas ive hit another problem went to pay my bill online today u know the money that should have gone to baliffs but im following your advice but ive not been able to get online till now so i went to do it put in the website address off the letter and it wont find the website what now any suggestions cos im stuck on this one dont wanna pay the baliffs but im running out of options let me know ta for all your help xxkia

[casbah]

ok

double check you have the right website address.............. if you have and it still doesn't work, then I'd be a bit sneaky.

You have the bank details for the council don't you? I'd go to the bank and pay it in then send the council a copy of your receipt. But before that ring the council and tell them you are trying to pay online but their website is down, confirm this with an e mail if you can.

[kia]

right update ive done it yipee eventually got to right bit they put wrong name on website address but ive paid it now so now the fun starts i need to write to them dont i telling them what ive done and enclosing my budget sheet only thing is im not at home im away till tues can it wait or should i do it from here cos ive got a budget sheet at home done for something else that just needs printing or should i redo another one and ive got the postal order ready for the sar but again im not at home right now and ive no acess to a puter so short of handwriting it :eek:which i wil do if u think i should cos they might think its off this years bill wont they or should i email them u think let me know love cos im stuck again :confused:xxkia

[casbah]

i suppose tuesday will be ok. It may go in your favour, you could put in your letter that you made the payment today but have allowed 2 working days before contacting them to allow for it to be processed. Then you can update the budget sheet etc. The sar is for the bailiffs? right? The biggest thing is the outstanding council tax once you have that paid off, it makes the bailiffs job more difficult.

Also in your letter to the council underline, bold and in big letters put the tax year you are paying.

Now for the nitty gritty...........have you got this years bill yet? how are you going to pay that one?

[kia]

arrgggh got this years one was going to add that one with it cos i paid 125 to them online and this years tax is only 85 pounds a month so i cant cover this one too then thought that was what i was doing its due now i thought this amount was covering this too but over twelve months not six which i what they allow u help could be in trouble now :confused:xxkia

[casbah]

OK

I think what you're saying is you paid 125.00 hoping that 50 would come off the arrears and 75.00 would be towards 08/09 year?

Check out their website again and see if you can do a dummy run for a council tax rebate, even if it says a few pounds off, you are still in receipt of a rebate so that puts you in the vuneral group.

[BRBOY]

I agree with Martonman, but most Council's only pass cases to bailiffs as a last resort as they would rather have arrears paid directly to them in the year that the debt relates to and then their annual collection rate (which is published each year) looks better and their arrears figure is lower. By the time your case gets to the bailiff, you should have received at least 3 documents warning you of the consequences of not paying so my advice would be to go to the Council offices and ask to speak to someone in authority and provide them with your income and expenditure details and show willing by making a downpayment there and then. If your case goes to the baill, it is all too easy for the Council to say 'sorry it's not in our hands anymore' and dealing witht he bailiff can be a nightmare.

[kia]

i think im entitled to coucil tax rebate cos of my eldest been in college i didnt know i get it for that so ive sent for claim form should i do it online cos im not at home right now or wait till im home cos postal one will have come by then im way past that stage brboy way past it but will it make a difference to the outcome cas ?cos it will be back dated if and when i get it xxkia

[tomtubby]

The above situation is similar to many other cases that our office are hearing about so everyone must be very very careful from now on.

 

You need to remember that one a liability order has been granted the council can then legally pass the debt to bailiff's to collect. If the council wish, then yes they could take the debt back but that is not likely.....in fact it is very rare indeed.

 

Once the bailiffs are instructed unless there are special circumstances such as: serious overcharging, bailiffs behaviour problems, concerns that a bailiff is not certificated or that the debtor is in a vulnerable position etc then payments should be made to the bailiff company............and they should also have a letter sent to the council to explain.

 

What is happening otherwise is that payments made to the council are being applied to THIS years new debt.......not the old one..and the council can legally do this. BE VERY CAREFUL.

 

Everyone paying the council instead of the bailiff would be advised to either take the payment to the council or pay through the bank but to ensure that a letter is sent to the council to explain exactly why the payment is being made to them.

[voltaire]

Hmm -- I'm a bit worried now -- so far I'm paying in excess of this year's instalments to cover last year's debt, and I've written to the council and to the bailiffs to explain that that's what I'm doing. I didn't have sufficient readies when the Bailiff called, and he wouldn't accept my £50, so I didn't have much choice to pay the council direct. Surely if this year's account can be shown to be x amount of pounds in credit (above and beyond the amount of the required instalments for 2008-9) then all will be well?

[muffinblack]

Can any one help.

 

My partner had a visit from a bailiff for this today wanting £640 in 2 weeks we simply can not afford this.

 

Really dont know what to do.

[kia]

yep u got me worried now i was advised not to pay the baliffs so i didnt now what will they come to take our stuff or what should we make a payment now then or what cos im seriously worried now as we dont have enough money to cover another payment having just made the payment direct to the council as advised on here i know i didnt have to listen but i did and know where are we will they break in to get our stuff hellpp now what do i do :confused:xxkia