Council Tax and Bailiffs ref only - NO POSTS ALLOWED

[sineadgriffiths]

I have naively let a bristow and sutor bailiff into my home to levy goods they wanted £130 a month which i told them that we could not afford as there is already an attachment of earnings on my partners wages and they are already receiving £100 per month leaving us with £750 of which our bank is now taking £250 to pay back our overdraft. They put a 5 day deferal on the case which they then told me to phone the head office to arrange a suitable payment arrangement which i did i offered them £50 per month but was told that the least that they would accept would be £80 which i reluctantly aggreed to but have been unable to pay this amount. I have now received a letter saying that our goods will be taken unless we pay in full. I have contacted the council who have said thatr they are basically powerless unless the account comes back to them i am at my wits end i just dont know what to do now or is it too late? did i mention that i have 3 children to feed clothe and keep warm.

Edited February 18, 2009 by sineadgriffiths

[soslasthope]

Marti

 

you need to post your own thread so someone can help you

how do I do that sorry I am new to the coputer age

[soslasthope]

how do I post a thread please any one

[lizilou]

Hi new here need some advise my bank account was arrested today leaving me with nothing ..for council tax which I already pay a wages arrestment on also my hubby has an arrestment for same thing when I called the said that they could arrest my account at any time without my knowledge Help please(scotland)

[TRICKYWORLD]

l have just sent a copy of your templated letter direct to rossendale's, but just had a phone call from them, saying that they are going to get a warrent for commital, even more concerned now, what do l do now?

[TRICKYWORLD]

l forget to say that when he receives the letter he will put it straight in the bin, he said it has gone to far!!!!!!!!!

[FairPlay77]

l have just sent a copy of your templated letter direct to rossendale's, but just had a phone call from them, saying that they are going to get a warrent for commital, even more concerned now, what do l do now?

 

Rossendales are doing what bailiffs usually do - lie through their teeth.

They know perfectly well that they cannot get a warrant for commital.

 

You don't say what your debt is for, but I presume it's for council tax.

Forget about Rossendales and start paying the council direct. Pay them only what you can afford and don't put yourself in a position where you have to go without the essentials oif life.

 

So long as Rossendales have never set foot in your home, they are powerless. In any event, they can't have you committed to prison.

[Bullterrier]

OK you got bailiffs knocking on your door for unpaid Council Tax. Here is what you should do.

 

DO NOT LET THEM IN, tell them to go away and sit down and print the below letter.

 

 

 

Understand the letter and stick to it, if you need 3 years replace 24 with 36 and so on, basically what I am saying is if you can only afford £10 and owe £1,000 you are going to need 100 months to pay it, but this is not a normal debt so keep it no longer then 4 years and 2 years is better.

 

The bailiff may attempt to get into your home again, just keep him out, he will give up and move onto more profitable calls.

 

Never again talk to anyone about his debt but keep everything in writing (you may need this). You may get threats of imprisonment for refusing to make payment,

 

covers this nicely as you are not refusing to pay and the courts can ONLY send anyone to prison when they refuse to pay which you are not.

 

Now charges, they may have over charged but first let the 14 days in the above letter pass is they have not sent you a statement in this time, it is time now to get hold of the Council as their employer, no need for S.A.R - (Subject Access Request) and the likes.

Hi Zooman ,

i have a situation i am unsure of !

yesterday i had a letter posted through my mothers doors by bailiffs stating that i owed £821 council tax, they did not knock but just posted it and had added a fee for doing that. i do not know yet the actual CT unpaid , i thought it was around £500 so was surprised to see £821.

My situation at present is that i am jobless and homeless due to events last year where i lost 2 close friends in a short space of time i subsequently became severly depressed and my world fell apart. i walked out of my job as not being able to cope and also gave up my house leaving the ct unpaid .

i am claiming job seekers allowance and used my mothers address as a postal address and this is where the bailiffs are coming to.

my mother is now panicking that the bailiffs will come & seize her goods, can this be done???

what advice can you give me to resolve this matter, i don't want to deal with the bailiff instead i would rather deal with the local council . but can the council refuse this ?

Also being on Jobseekers ( contribution based ) i find it hard enough to live as it it ! so what can they take from me ?

 

kind regards

Bull

[Vannie]

Hello all,

 

Two years ago, due to a misunderstanding between myself and my local council, my council tax file was sent to Equita. At that time, even though I had a dispute with the council, I was still paying them but, because I was paying £130.00 pm as opposed to the £140.00 they wanted they sent my file to the bailiffs.

 

The first lady I spoke to wanted £300 per month. However, when I broke down with another, she very kindly agreed to £20 per month. I've been paying this ever since to Equita, and I'm completely up to date with my council for last year's and this year's council tax.

 

I was making the payments by the last day of every month, with once or twice going a few days over, but once I called I made the payment and everything was OK. However, last month I thought I'd made the payment on 23 July, so forgot about it.

 

On Saturday I received a Removal Notice stating that they were coming this weekend to remove my goods. I immediately called, and was told they couldn't take the payment and I'll need to speak to the bailiff. I called him immediately but his phone was switched off. I called Equita again to be told the same thing - I had to speak to him.

 

He eventually called me at about 5.30 this evening. He said that the debt had now increased to over £600 (I had checked my account with my council a few weeks ago and it was around £400). According to him, even though Equita agreed to it in the first place, it wasn't acceptable now. He also said I had 48 hours to come up with the money (or at least half), and asked if we had TVs & a car. I said I had a car but it was used for my childminding service. He said we had to come up with the money or he was going to get a distress warrant and take the car.

 

I've already had a sleepless weekend worrying about this, and now I don't know what to do. We're already struggling with the mortgage and the current council tax without this added worry. I know not to let them in, but I'm worried about my car. Also, I've read here that my aim should be to get that case referred back to the council, but surely that would incur more costs?

 

Thanking you in advance.

 

I've now received a "Bailiff Removal", dated 12 August (same as above), but showing the amount owing as £498.24 . I've just taken on a new child for the childminding, plus I do bookkeeping and have taken on a new client, both today. Can they seize my car?

 

Also, would it make a difference if I paid my council direct now?

 

Hello again,

 

I thought this had been resolved - I sent letters to Equita, who said they were sending the account back to the Council. Meanwhile, I continued making payments to the council....

 

However, today I arrived home to a Notice of Distress from Newlyns, along with a Bailiff charge of £181.50! I immediately called, and was told that I had to pay £125 per month. I said I can only afford the original amount, to which the man said ok, but the bailiff can still come and take my goods as the account will still be live! He also advised me, however, to contact the council.

 

I did this and was told to write in, explaining I had kept up with the payments and subsequent years are paid up. My question is, will the council listen, and can Newlyns clamp my car in the meantime?

[hallowitch]

if car is on finance legally they cant touch your car as it does not belong to you

[Vannie]

There is no finance on the car, unfortunately, but it is used for work.

[cookie07]

Hi guys,

 

I am new to this site but I just want to say a big thanks for all the advice I found (my work colleauge told about you!!) here. I am also in a pickle over council (Halton Borough & Dukes bailiffs): I sent the letter:

 

To whom it may concern,

 

Halton Borough Council appear to have instructed you to recover unpaid council tax from me.

 

This letter gives you notice you are not being given peaceful entry to my home or to levy goods....

 

I recieved a quite polite letter ( i think!!) back stating:

 

Dear sirs/madam,

 

Further to your request for a breakdown of your account, please find the details on the reverse.

 

We trust that this clarifies your queries but if you have anything further please do not hesitate to contact our office.

 

Yours Faithfully....

 

During this period I had been paying a £100 a month on-line to the council direct. Then I recieved a quite snotty letter from the council advising me that they were not "willing to intervene" as it has been pased to bailiffs and that to stop further fees etc being added I need to sign a levy for the bailiffs (AS IF)

 

SOOO feeling I had carried this as far as I could by myself I decided to go to the CAB for advice (I have heard great success stories of the CAB having the bailiffs called off and making the council take the debt back)

 

WELL the woman I spoke to today demanded to know what debts I had felt were more important than my council tax? (my gas/elec/food/travel to work!!) She then proceeded to CALL THE BAILFFS after I explained I was not willing to make further contact with the bailiffs (all she done was clarify how much i owe £398.50 which I knew anyway, then asked them what happens if I continue to make my payments of £100 a month) they told her I had until the 13/03 to stump up the balance or they would send someone out to my home and I will be charged £100 for that visit!! I told the CAB woman that under no circumstances would I pay £100 extra for a meat head to knock at my door whilst I was out at work to which she looked me straight in the eyes and replied "You will go to prison"

 

Needless to say I left there (after waiting nearly 2 and a half hours) no better off in anyway.. I also feel that her phone call may now provoke the bailiffs into action as my last correspondence from them was 17/02...

 

Any ideas on how I can now proceed??

 

Thanks in advance x x x

[FairPlay77]

Hi guys,

 

I am new to this site but I just want to say a big thanks for all the advice I found (my work colleauge told about you!!) here. I am also in a pickle over council (Halton Borough & Dukes bailiffs): I sent the letter:

 

To whom it may concern,

 

Halton Borough Council appear to have instructed you to recover unpaid council tax from me.

 

This letter gives you notice you are not being given peaceful entry to my home or to levy goods....

 

I recieved a quite polite letter ( i think!!) back stating:

 

Dear sirs/madam,

 

Further to your request for a breakdown of your account, please find the details on the reverse.

 

We trust that this clarifies your queries but if you have anything further please do not hesitate to contact our office.

 

Yours Faithfully....

 

During this period I had been paying a £100 a month on-line to the council direct. Then I recieved a quite snotty letter from the council advising me that they were not "willing to intervene" as it has been pased to bailiffs and that to stop further fees etc being added I need to sign a levy for the bailiffs (AS IF)

 

SOOO feeling I had carried this as far as I could by myself I decided to go to the CAB for advice (I have heard great success stories of the CAB having the bailiffs called off and making the council take the debt back)

 

WELL the woman I spoke to today demanded to know what debts I had felt were more important than my council tax? (my gas/elec/food/travel to work!!) She then proceeded to CALL THE BAILFFS after I explained I was not willing to make further contact with the bailiffs (all she done was clarify how much i owe £398.50 which I knew anyway, then asked them what happens if I continue to make my payments of £100 a month) they told her I had until the 13/03 to stump up the balance or they would send someone out to my home and I will be charged £100 for that visit!! I told the CAB woman that under no circumstances would I pay £100 extra for a meat head to knock at my door whilst I was out at work to which she looked me straight in the eyes and replied "You will go to prison"

 

Needless to say I left there (after waiting nearly 2 and a half hours) no better off in anyway.. I also feel that her phone call may now provoke the bailiffs into action as my last correspondence from them was 17/02...

 

Any ideas on how I can now proceed??

 

Thanks in advance x x x

 

I AM SHOCKED by the ignorance of the law displayed by the woman from CAB (obviously not a legally trained person).

 

1. You have the right to pay the council direct and they cannot refuse payment.

 

2. Providing the bailiffs have never been allowed into your home, they cannot break in and take your goods.

 

3. Providing that the bailiffs have not been able to 'levy' on your goods (i.e. enter the property to make a list of what they want to take) and providing you have never signed a Walking Possession Order, the most the bailiffs can charge you is £24.50 for their first visit and £18 for a second visit. They can't charge you more for additional visits and they can't charge for a van to remove your goods. Their attempt to impose a £100 charge is downright extortion and is utterly illegal.

 

4. Bailiffs have no power to send you to prison, or to ask the court to do so. You could only be sent to prison if the council (not the bailiffs) succeeded in satsifying a magistrate that you have deliberately avoided paying, which in your case you obviously have not, so you have no need to worry on that score.

 

5. The bailiffs' charges are unenforceable. Continue to pay your debt in manageable instalments to the council and IGNORE THE BAILIFFS. Pay the bailiffs NOTHING. They will then give up and do what they always do, i.e. go and try ito bully somebody else. Do not waste your time writing to them, do not phone them and do not respond if they are stupid enough to waste their time and effort knocking on your door.

[haydencookdonna]

Hiya Everyone. Just found this forum and it certainly has cheered me up. Here is my story so far (bear with me). I got into problems paying my 2008/09 council tax bill to Horsham District Council. I pad around half the debt last July, £750. Since then I admit I have paid nothing further, as I had a few personal issues to contend with, and it kind of got put on the back burner. Until the bailiff from Rosendales turned up at my door on the 26th Feb, I had heard nothing from the council regarding the debt. It transpires that a liability order was granted to the council, on the 17th July 2008. The Bailiff caught me off guard with her visit, and I didn't let her in. She claimed to have hand delivered a letter to myself two days earlier. But on the morning in question I was in the house and no letter arrived. I have posted two attachments,

so you can see the correspondence I have entered into with them, One is an amended version of the letter at the top of this thread which gave me great comfort. I received a reply from Rossendales, on Saturday morning. This mostly refutes my allegations against themselves. Saying the bailiff worked within the framework of the law, and was open and hohnest at all times (A lie). They have apparently spoken to the council directly who expect me to pay £25.18 per week, which I cannot afford if I am to pay this years monthly payments on time. I have heard nothing from the council directly regarding this. Which concerns me. And the seem to be saying, the payments must be made to themselves, which contradicts the advice given here. They also have failed to supply me with evidence, that the bailiff is court certified as asked for. Merely claiming that she was wearing her id, which id did not see and did not show when asked. My question is, as they do not seem to have listened fully to the points I raised. How best do I proceed?, I have seen so much bad press regarding Rossendales, since this all began. How can I trust them?. Thanks so much for all your wisdom and advice folks. You are all true lifesavers. Greg

 

 

31 Pound Lane

Upper Beeding

West Sussex

BN44 3JB

2nd March 2009

Dear Sir/Madam,

Re: Your Reference:

 

I understand Horsham District Council has appointed you to recover my Council Tax Liability arrears for 2008 of around £650, due to yourselves having given me a verbal figure and no paperwork to back this up.

 

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levy goods and I know the fees allowed under statute and when these fees can be applied. £24.50 for a first visit where no entry is gained IE: 26th Feb 09 PM, and £18 for the second visit IE: This morning 2nd March 09 12pm. Totaling £42.50. You claim to have delivered a letter on the 24th Feb at 8.25 am outlining the matter. There was certainly no letter on my doormat when I got up at 10.30 am, and your call on PM of the 26th , was the first I knew about the matter. Surely If you have a matter of such magnitude to deal with, One would expect yourselves to send documentation by recorded mail, as a signature would be required upon receipt, which would substantiate your claim.

 

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £27.00 per month, totaling £621 and the balance to be paid on the 24th month to cover the remainder plus your two fees. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

 

I am able to pay the above amount on the 28th of each month, as an act of good faith I have enclosed the first payment, Cheque number 000635. Please advise how you would like future payments made. My personal preference is payment by Standing Order.

 

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set aside money to the council.

 

 

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

 

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference. I will also send a copy to your registered address, by recorded delivery, so there can be no further ambiguity as to the matter in hand.

I hope the above meets your approval and I look forward to your timely reply by letter.

 

I also refer to the verbal bullying tactics employed at my doorstep on the 26th Feb, whereby you did not explain the situation fully. At no time was I shown any official paperwork, any identification, or paperwork showing your County Court certification to act as a bailiff. You tried to gain entry to the property, under false pretenses, stating that the council had ordered yourself to do a walk in possession agreement, for the amount outstanding. You also said that if I did not deal with yourself directly, and spoke to the council, I would go to prison, which I now find out to be a lie, you can only be sent to prison for refusing to pay council tax, if you have means to pay, and choose not to do so. After much Google searching, and on advice from the Citizens Advice Bureau, I find your business practice, at the very least shoddy, verging on unlawful, using scare tactics to prey on the most vulnerable in society while at their lowest ebb. If I had not been quick witted enough to turn your representative away on the 26th, the story would have been so different.

 

Yours faithfully,

 

 

Mr Gregory D. Phillips

 

31 Pound Lane

Upper Beeding

West Sussex

BN44 3JB

2nd March 2009

To M/S Julie Green-Jones (Managing Director)

Rossendales Bailiff Services

Hardman Mill

New Hall Hey Road

Rossendale

Lancashire

BB4 6HH

RE: Ref No. 4754620

 

Dear M/S Green-Jones, I write with reference to the treatment exhibited by one of your bailiff team, on the 26th February 2009, and their subsequent visit Today. On the 26th February late afternoon, a lady whom I now know to be from yourselves, came knocking on my door in respect of arrears owing to Horsham District Council, for council tax relating to the 2008/09 year. She showed me no identification or papers to this effect, claiming she had posted a letter through my door at 8.25am on the 24th March, which proved to be the first of several untruths. She explained the council had given her authority, to do a walk in possession agreement for the sum outstanding, and tried to trick me into letting her into the property. On asking her for more details of the case, She was less than forthcoming, I asked about costs involved, and again was given a very vague resume. I also asked her for a copy of the supposed letter which she posted on the 24th, and to my surprise she couldn't produce it. I then asked her if I could deal with the council directly, and was told that if I even spoke to them, I would be liable to go to prison. I was totally taken aback by this statement. Being unsure of my position, and having seen no identification, I politely asked her to leave my property, with a view to reconvening this afternoon at 12pm.

 

Fortunately in these days of modern technology, the Internet proves once again to be a wonderful tool. In a blind panic I started a Google search, to see what my real position in the matter was, and to my surprise things don't appear as bad as at first thought. Using the Direct.Gov, National Debt line and Citizens Advice websites, plus the Consumer Action Group forums, I now deduce the following.

 

1: The council has not authorized you to make a walk in possession agreement, in respect of the debt. They have merely passed the debt to yourselves, for collection in a reasonable and timely manner.

 

2: I can not be sent to prison for further liaising with the council.

 

3: You can only be sent to prison for failing to pay your council tax, if you have the means to do so and choose not to.

 

4: A bailiff is not allowed to use subterfuge to gain access to a property, he/she must be truthful about the situation, not misrepresenting their powers, and explaining the cause and effect of the householder allowing or not themselves into the property.

 

5: The bailiff can only make a charge for two visits, where no entry is gained and no levy is taken. I.E. £24.50 and £18 totalling £42.50.

 

6: The person named in the liability order, has a right to set up a payment plan with yourselves, at a rate that will not cause undue hardship. After all the reason most people get into arrears, is due to an inability to pay, not choosing not to pay.

7: The bailiff has to work within the framework of the law as set out in statute. Not to bend the truth for their own means.

 

8: The bailiff is not paid by the council, they make their profits from the fees they try to extort ,over and above those set out in the statute. Preying on the vulnerable and gullible, with threats and intimidation.

 

9: If you cannot collect on the debt, then you are duty bound to pass it back to the council.

 

So today arrived, I was waiting patiently for your unnamed contact to turn up at 12pm. I was slightly caught off guard, when she turned up ten minutes early at 11.50. Was this a chance occurrence, or was something more underhand involved?. When she came to the door, I politely asked her to show identification, and the court certification, showing she is certified to act in the matter, both of which were refused. Then she was handed the enclosed letter, and I informed her politely of the official position regarding the walk in possession order, she looked very sheepish at this point. I also handed her a cheque for £27 as outlined in the letter which would be the first installment of a payment plan I could reasonably afford. This was flatly rejected, she also declined to read the letter or take a copy from myself, whereupon I was given a means test form, with which to outline my income and expenditure. It was also mentioned, that if I did not pay the balance in full within five working days, you would send your men round with a van, to seize my chattels according with law. Although no mention was made as to which law she was referring to. With this she left me the form and a sheet outlining the debt and costs incurred so far. Then went on her way.

 

I am intrigued as to how you can send a van to remove my goods, without a walk in possession

agreement being in place and being defaulted upon?. If you try to gain forcible entry to my property, then that will involve trespass. I will then have to get the police involved, and you will be billed for any damage to the fabric of my property accordingly.

 

As stated in the enclosed letter, I am in no way refusing to pay my debt to the council, just at a rate that will not cause me undue pain and suffering. On receipt of a satisfactory reply from yourselves, I will then return the means test form, as I feel we will have reached a level of understanding. In the meantime, I will put aside the £27 per month as promised, to pay the council directly if no amicable resolution can be found. I have also copied this letter, to the head of finance at the council, so they can see how your business operates. As a last resort, if I get no resolution, I will get my local councilor, Mr Alan Fisher (Conservative) involved to add leverage to my case.

 

Once I receive the above requested information, regarding the certification of your bailiff. I shall have no hesitation in passing my findings, regarding her and your firms actions onto the court who issued the certification, with the view to getting it revoked. That is if she was ever certified in the first place.

 

I look forward to your timely response within fourteen days enclosing details of the bailiff in question and proof of their court certification.

 

(Proud To Be Professional), I think not.

 

Yours Sincerely, Mr Gregory D Phillips.

Bailiff 1.doc

bailiff 2.doc

Edited March 15, 2009 by haydencookdonna
attatching 2 letters

[Monk_uk]

Hi all - my story is similar to most.

 

Having paid installments on a council tax debt to Equita which I had arranged on receiving the initial letter from them telling me the council had transferred the collection to them. I missed a payment by a week, so phoned up but was told "it's been passed to Mr ***** and we can't talk to you, you can only talk to him".

 

Speaking to the bailiff, I found out the outstanding balance was £200 more than I expected, however neither he nor the call-centre would give me a breakdown - it was the "pay-up in 24 hours or else".

 

Therefore I just paid the whole amount, thinking that I could claim back the fees later. Big mistake. After I paid up, they then sent me the following breakdown of charges on request:

 

Bailiff fee : £88.50

Enforcement Fee : £160

 

As you can see, both are rather peculiar, seeing that I thought the most fees they could charge was £42.50 - how did they get to £88.50? The bailiff never entered my property at all.

 

So I sent a letter saying that I contested the charges levied. I have now received a reply which basically says "the fees reflect the action taken."

 

So what to do now? - I have drafted one letter stating the relevant legislation and statutory instruments but I am guessing I will be fobbed off again. Any suggestions?

 

Thanks in advance

Edited March 17, 2009 by Monk_uk

[acer]

Our situation is similar to many others who have posted already but in our case we have made a few mistakes which others may like to heed .

(1) we were making payments to council with regard to council tax arrears but the payments we made were for the current year and not being set against the previous years arrears...the first we knew of this was the letter from the bailiff informing of his impending visit.

 

(2) After receiving advice from National Debtline we knew not to let him in nor sign any documents...however we live in a rural area ,on a farm actually, and the vehicles we use were always going to be at risk!

So, after refusing the bailiff entry and refusing to sign his forms I gave him a copy of a letter that I had already sent to his head office detailing our offer to clear debt @ £150 per month...He went from Mr Jekyll to Mr Hyde very quickly and tore up my letter then gave me copy of form which stated I had been uncooperative and refused to pay..

 

(3) When I went through all the CT paperwork I found a glaring procedural error namely that the bailiff company should have written to us first before sending the bailiff...this did'nt happen. So I then wrote to the clerk of the county court to point this out.

 

(4) As stated earlier the vehicles were the achilles heel for us and sure enough,despite my successful efforts to keep my vehicle safe, the bailiff followed my wife home one afternoon and blocked her vehicle in the farmyard. She is a nurse and was on her way to visit a patient but this made no difference to the bailiff. My wife then called police who duly turned up but in the end she was forced to sign walking possession order.

 

(5) This all happened last november and we have kept to the monthly payments however despite repeated requests the bailiff company has not sent a receipt or statement.

 

(6) Question; does the possession order entitle them to enter the house as it was signed in the street outside and not on our property.

At no time did the bailiff set foot on our property....also, does this signed document remain in force after the debt has been cleared as we may fall foul of the council again???

 

 

look forward to reading any replies.....Acer

[seeker27]

Hi Folks,

 

I received a letter on friday(20/3)- from a bailiff(although it is a photocopied letter with the name and address of the DCA at the top). On it is the bailiff's name, Mr X, and his mobile number. I have spoken to Mr X on his mobile twice, the latest being today. On friday he said he'd ring back, can't say if he did or not; anyway we spoke today.

 

The Council Tax Arrears is £500, and I have been paying £100 a month without fail, well until the end of February that is. This due to a number of reasons, one of which was my debit cards going missing and having to be replaced! Anyway I paid my February amount on the 20th March(admittedly 19 days late).

 

Mr X has spoken to me on the phone informing me that I owe £320! I responded by saying the amount I owe is actually £180, as when I paid the amount on friday I was told of the outstanding balance(automated machines - hate 'em!). I then went on to inform him that the February payment has been paid and that it is my first late payment, I only have two more left - the next one due on friday!

 

I asked Mr X how he arrived at £320, and he replied by telling me it was his fees; I don't know which firm he works for because his letter had

the DCA's letterheading on it plus his mobile). At this point I broke down because I have been paying the arrears religiously and then miss one payment and suddenly I'm looking at £320 instead of £180! I told Mr X that this treatment was harsh as the DCA did not contact me to ask why I had not paid my agreed monthly amount. I told him I was at the end of my tether and ready to end it all. He then told me he was putting his kneck on the line by saying he'd give me until 16th April,2009 to pay the £320. I said I was not promising anything and would get in touch with Council.

 

I have now calmed down but am still upset as everything has landed on me at once. I am not looking for sympathy as this situation is my fault - the late payment - I accept that. What upsets me is the bailiffs £140 on top of my arrears! I havent seen him as he has not been here! We have spoken on the telephone, thats all.

 

I would be most grateful if someone can help me with regards as how to handle this. I have read that a bailiff cannot enter my house to collect goods as I owe council tax arrears and not a speeding fine etc.

 

Sorry for the length of this post - HELP - I need it now!

 

A sad:confused:Seeker27

 

PS I have posted this somewhere else....I was in a rush to get this posted that I overlooked this thread. Sorry! I'll see if I can delete the other one.

[acer]

Dear Seeker27

Has your £100 monthly arrangement been with the council or the debt collecting agency?? This makes a lot of difference to the so called fees that can be charged..

[echowitch]

I've had my 2008-2009 Council Tax bill passed to CER Bailiff's. As I had to wait for 3 months for my Benefits claims to be processed I had CER put the account on hold. I had a lovely letter left hanging half out of the street side of my door saying "By Order of the Magistrate" Removal Notice.

 

I've just rung Guildford Borough Council and advised them that we are moving in a week anyway, so they are working out our final bill. I've requested that we pay the outstanding to Guildford and not CER, and just had a Guildford Council Tax staff member tell me I have to pay CER (UK) Bailiff's.

 

Is this right ? Im sure from what I've read on here that thats not correct. (btw when I told them I'd been advised that I could pay direct to them I was told that I was just being told what I wanted to hear.)

Edited March 27, 2009 by echowitch

[hallowitch]

there is no law saying you have to pay the bailiff pay the council direct on line do not let the bailiff into your home if you have a car that is not on hp move it away from your house

remember a bailiff will tell you anything to get money out of you

[Saintwyer]

Hi,

 

My partner and I fell behind on our council tax.

The debt was handed over to Equita Certicated Baififfs.

Unknown to me, they sent 3 letters to my partner stating she needed to pay our C.T. She ignored these.

The bailiff called to our home, he asked for my partner and I said she wasn't home. He left a folded piece of paper for her and left.

After he left I open it up to my horror I seen that he was a bailiff.

This was around 23rd Feb 09.

After a heated debate I got my parnter to phone him and tell him it would be paid direct to the council at the end of Feb.

Our outstanding council tax was £318. I paid this in full in the 1 stop shop.

 

We recieved another letter 4 weeks after paying the outstand debt saying we hadn't paid it and that Equita would call to our home to remove goods.

My partner called them and stated it had been paid.

To which they stated they know, they are billing us for their charges of £212.

 

None of the letters we received from them told us they would be added charges nor did the letter from the bailiff stat he would be adding charges.

 

Is this legal to do this? We paid the outstanding debt to the council at the end of Feb and we're still being threatening by this company.

The letter we recieved today states they are going to call to remove items to cover the outstanding council tax bill. It does not mention any charges yet again.

 

We are at a lose with this, any advise is greatly needed.

I am in fear of leaving my house unless I am collecting my daughter from school incase they call when she is with me.

 

I made a thread on this in the wrong section, after reading some of ur replies I decided to post it here also.

 

Really do need some advice, fast!

[hallowitch]

if the bailiff has been to your house only once before you paid the bill then i think you owe him for one visit £24.50

 

write to them telling them you have paid the council and ask for a breakdown of there charges and tell them you will not be letting them into your home as the liability order has been satisfied

do not let them into your home you have paid the bill therefore they have no legal right

[seeker27]

Hi All,

 

Just an update! Sorry for delay but I suffer with my health and sometimes am slow to respond. I have written to the bailiffs regarding the charge of £140.00, I have informed them that no bailiff has visited our home, and that I want a breakdown of their charges. I have not, and nor will I, sign anything which is issued by a bailiff. I wrote to the council informing them of the situation and enclosing a copy of the letter I have sent to the bailiffs. I went to the One Stop Shop personally and have a receipt plus they have put a 14 day stop on the bailiffs. I have paid the £!00 installment direct to the council and will do the same with the final payment due at the end of April.

I have spoken to a bailiff via telephone - no visits! Remember he said he was putting his head on the line for me! He said he'd contact me by the 16/4, and I would appreciate any assistance as to what I should say when he does phone - or when I phone him!!! As he doesn't have my number! As no bailiff has visited our home, and I am in 99.99% of the time due to my chronic health am I obliged to pay a penny to these parasites?!?!

 

I must be honest and say THANKS to ALL who have helped me admirably so far!

 

seeker27

[I've got no money]

The basic rules for anyone dealing with council tax bailiffs:-

 

1. Keep the doors locked and Windows closed

2. Do NOT allow them access

 

3. Do not sign anything they give you

 

4. Write to the Local Authority by recorded delivery telling them that you will pay £x per month (an amount that you can afford) direct to the Local Authority and state expressly that the payment ONLY relates to council tax arrears NOT bailiff charges. Ensure that you pay every month the amount that you have promised - ideally on the same date every month

 

5. It is better to offer and to pay a lower amount than to offer to pay a lot and not pay it

 

6. If money is really tight £3 a week is a reasonable payment

 

7. Remember that you still have to pay the current years council tax on top.

 

8. Remember (with the odd exception) you cannot believe anything the bailiff tells you

[seeker27]

The basic rules for anyone dealing with council tax bailiffs:-

 

1. Keep the doors locked and Windows closed

2. Do NOT allow them access

 

3. Do not sign anything they give you

 

4. Write to the Local Authority by recorded delivery telling them that you will pay £x per month (an amount that you can afford) direct to the Local Authority and state expressly that the payment ONLY relates to council tax arrears NOT bailiff charges. Ensure that you pay every month the amount that you have promised - ideally on the same date every month

 

5. It is better to offer and to pay a lower amount than to offer to pay a lot and not pay it

 

6. If money is really tight £3 a week is a reasonable payment

 

7. Remember that you still have to pay the current years council tax on top.

 

8. Remember (with the odd exception) you cannot believe anything the bailiff tells you

 

Thanks very much for the above advice. I visited our One Stop Shop last week and handed over my letters regarding the fact that I am paying the council tax arrears directly to the council and not the bailiff(I have copies of what I sent both on my PC and in my filing cabinet). Also included was a copy of my letter to the bailiffs office asking for a breakdown of their charges(£140 for ???!!!!). I only have one payment left, end of April and then the arrears are paid and cleared! I will be glad when this episode has been done and dusted!!!