Council Tax and Bailiffs ref only - NO POSTS ALLOWED

[harwright]

Hi all. I'm new and it's not really council tax but does involve English bailiffs and me being in Scotland.

I was fined in my absence by a Magistrates court. They didn't issue any summons to me. I found out in 2003, one year after the court case that I had been fined. I contacted them and said that I hadn't done anything wrong and I heard no more until February this year. Six years later.

I got a demand for payment. I wrote stating that I had done nothing wrong. Next I get a letter from Marstons bailiffs. The usual, 7 days or else, £50 added on with a further £175 if they have to visit.

Can an English bailiff enforce a warrant in Scotland?

[hallowitch]

you would be better starting your own thread to get help with this one

[harwright]

OK thanks.

[hallowitch]

its an interesting question because we don't have bailiffs in Scotland

its a long way to go to get told sod off or pog mo thoin (i think thats how you spell it) lol

[needsomeinfo]

i had rossendales after us for Council tax debt after a long time i sorted it with the boss at the Council to pay monthly but he said i have to pay rossendales there money as if it was not for them they would not of found me which was £67 so i paid the council it so they could forward it to them just so i could pay monthly payments but they wont get it as i am going to add the debt to my bankruptcy only wanted topay the £67 to keep them of my back

[reemee]

Can any one tell me what fees can be charged if I have signed a levy? Can they chrge for a van for removal etc?

[Guest Happy Contrails]

The law allows bailiffs to charge a flat rate of £10 for setting up a walking possessions agreement. If no goods have been transported using a vehicle then no van fee. The law otherwise provides reasonable costs for transporting and selling debtors goods. HMRC has a prescribed rate of 40p a mile but bailiffs are not obligated to follow this.

 

The law prescribing bailiffs collecting unpaid council tax is Regulation 14(2) and Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992.

 

If a bailiff has overcharged you with his fees then reclaim them from the council enclosing a copy of the bailiffs document and a copy of the above-mentioned legislation. Its a criminal offence under S2 of the Fraud Act 2006 for a bailiff to charge unlawful fees. You have a right to complain to the court issuing the bailiffs certificate, you can ask police to investigate the criminal element to the bailiffs fee irregularity.

 

If you are still unhappy then call the HMCS public register of bailiffs on 020 3334 6355 giving the bailiffs name and ask which court issued his certificate, then complete a Form 4 addressed to the court.

 

http://www.hmcourts-service.gov.uk/courtfinder/forms/form4_0606.pdf

[k1mmie]

Is it true that a bailiffs has to inform you that they have taken on your account and are acting on behalf of ****, before charging you for visits? I have had no letters at all and can prove this as the letter of Notice of Distress is accompanied by a letter from the bailiffs dated same day introducing themselves as acting on their clients behalf. Oh yes and adding £181.85 in charges. This date is 6 days prior to the date it was put through the door, so hope they are not going to claim that the letter dated the 1st was sent first! Seems strange both put together..... I intend to contest these charges to the council. Any good templates out there I can use please??????

 

Just found out also, that the car registration they put a levy on (which I thought was made up was actually a neighbours parked on the main road. They would have had to walk down my drive past my daughters car (not working) and put this through the letterbox. How can I complain about these bailifs???> Not acceptable.

Edited April 13, 2009 by k1mmie

[craftywytche]

Hi,

 

Can someone help me please.

 

I am having to deal with a company called Rossendales, and yes I have been stupid and signed a walk in possession order:cry:, but thats because the man at the door said I had no choice as I hadn't got the £1600 to pay him - which I didn't know I owed as I was declared bankrupt last year and thought all debts went in that.

 

I made them an offer of £160.00 per month and they responded with £400 pm. I countered with £200 pm they came back with £400 pm I wrote a letter and included my income and expenditure and they sent a letter asking for £400 pm and proof of income. I sent them wage slips and an offer of £250 pm (which I can't really afford) and they sent my a letter sayig i hadn't sent the agreed amount of £400 p, so they were sending a man with a van. I sent them a letter stating that I had not received a response to my previous offer and have been sending them money as per my offers and the debt is now below £1000. That was 2 weeks ago and as yet they have not responded.

 

I'm sick to my stomach waiting for the man with the van. Please advise on what I do now???

 

Thanks in desperation

[TRICKYWORLD]

l would like to thank everyone for their past advise, but could someone tell me, if bailiffs could just take my husband's van or get an attachment of earnings on my husbands wages, the bailiffs have not got in, despite trying their hardest and l have refused to sign anything. Thanks again.

[seeker27]

An update from me!

 

The DCA to which I had been paying £100 a month ceased to deal with me due to my making a late payment, they then sent me a letter from a Mr ****** (a bailiff) with his mobile number to contact; which I did. Mr ****** told me that my balance was £300(roughly)! This was news to me as I had calculated that my remaining payment was £93.50!

 

Our conversation carried on with Mr ****** saying, "I'll give you until the 16th April - but I'm putting my head on the block"! I then turned to this wonderful forum and was baptised with wonderful information!

 

I wrote two letters, one to the DCA where the bailiff is from! Informing them that I knew my rights and fees which can be charged legally by a bailiff - and informing them that no bailiff had visited my property and no document signed by myself either. I also asked for a breakdown of the charges the bailiff verbally told me of, and I am still waiting! I informed them that I would be paying the council direct. My letter to the council included a financial statement and a supporting letter from my GP, and a copy of my letter to the DCA. This was hand delivered to the One Stop Shop and I have a stamped receipt from the very helpful staff, which I must compliment because they are very helpful - which makes a pleasant change!

 

I have received no further correspondence from either the council or the DCA. Tomorrow is the "head on the block day" otherwise known as the 16th April!!!

 

I am indebted to those people who have donated their time to helping me, because without your help I would have panicked. A big thanks to you all!!!

 

seeker27

[maisierider2008]

Update from me:

 

Background:

 

Received huge bill from old borough I used to live in dating back 10 years owing about £2.5k also including the liability for an address that wasn't anything to do with me and a liability for an amount whilst I was living in a different county at university.

 

DCA threatened to send in the heavies, wouldn't budge, demanded £700 a month.

 

So:

 

Wrote to DCA telling them to back off (letter below) - didn't hear anything back

Wrote to the council tax office in my old borough, copied to my local MP in the old and current borough (because the DCA were local)

Called and called the old local council tax office to speak to the manager (by name) who didn't call back and followed up the calls with letters documenting all of my calls and letters

Copied everything to my local MP and the old local MP

Eventually the manager of the council tax office got in touch apologising for his lack of response and took the account back inhouse

Bill was investigated by Council Tax manager

Now received a new bill which is significantly less than the original (now £500 and have an option to pay by affordable instalments

 

So stick with it, find out who is the manager of council tax and don't bother with the call centre bunnies and write and call and write and call and copy your local MP about the fairness of the claim and the aggressiveness of the DCA

 

There is a letter on here for DCAs telling them you know your rights, send that and don't make any other phone calls to them, only correspond by letter and only with the template on here, just keep repeating yourself if you have to.

 

_____________________________________________________________

 

Xxxx

Xxxxxxx

Dear Sir/Madam,

 

Re: Case ID xxx

 

I understand xxx Borough Council has appointed you to recover my Council Tax Liability arrears between 1999 and 2003 amounting to a total of £xxx inclusive off fees.

 

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.

 

I have requested that xxx Borough Council take back this debt pending investigation into the amount owed and that I am not in fact liable for one of the addresses at all.

 

I have said to xxx Borough Council that I am not at any point refusing to pay the part of the debt which is truly outstanding and will advocate a payment schedule to cover the principle once a final amount has been agreed. This will be 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 and to cause hardship and will be payable directly to xxx Council by standing order on a monthly basis.

 

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 and my local councillor a copy of this letter and requesting that it be filed with my account for further reference.

 

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

 

Yours faithfully

 

 

xxx

 

Cc

Manager xxx Borough Council

Local councillor xxx Borough Council

 

 

Good luck

 

MR2008:)

[Moggi]

Hello i sent this letter over 2 months ago and have kept up with the payments and they have sent 2 baliffs round this week!

 

What do i do?

 

Im at the point where i want to open the door just to smack the baliff!

[megs]

Hi I wonder if you can offer me any advice. I had a council tax debt which was passed to a bailiff company in dec 2006. I recieved a letter saying they would visit me. After a month jan 2007 they hadn't so I called to find out why, I was told it takes time. After another month feb 2007 I called back and offered repayments, the amount i offered was refused but they said they would halt proceedings if I sent in financial information and offered a reasonable repayment which i did immaediately. The payment plan was agreed by letter from them on the 16th april 2007. The debt has now been paid but apparently I owe 40.50 in visit fees on March 1st 2007 and April 11th 2007 I was not aware of these visits and The standing order set up by them ( payment 1 April 26th 2007, final payment jan 2009) did not cover these charges. Why did a bailiff need to attend and serve a notice of distress if I had already sent in my details and offered repayments which were accepted eventually. Am I liable for these fees? Why was the standing order set up til jan 2009 if it would fall short of the fees. What should I do they are threatening a van and £110 fee.

[megs]

Craftywytche It is Rossendales that I am dealing with, they are rude and just won't entertain my complaint even though i have called, written and e mailed.

I hate this!

[unleashedmaniac]

Hiya guys, hoping you can help me.

 

We've been steadily paying off our council tax arrears to Equita Ltd. On the 27th March, we paid off another one of our agreed instalments (online). Late last week, we received a hand delivered letter from Equita, saying that a bailiff had to been round to sieze goods for the outstanding amount. This was supposebly down to a non-payment.

 

When we called the bailiff, and pointed out that we had paid online and gave him our ref number. He said that the offices had no record of payment, and would call us back, obviously we heard no more.

 

Today, we received another letter demanding the balance. My partner spoke to Equita regarding it, and again was told someone would call us back. Where do we stand legally? Is there any law that states this as harassment etc?

 

I look forward to your replies.

[BURT96]

Hello All

I have had a letter from Swift to say that my council tax bill (which is in my wifes name) has been passed on to them for a sum of £641 for last years bill. i have wrote to them with the template letter to offer payment of £20 a month and gave acopy to the council. After this i went to the council offices and paid £50 off my arrears which they accepted and i have a reciept for, the latest letter from Swift says that my offer of £20 a month is unaceptable and that if i dont contact them within 7 days they will send an enforcement officer around. I have also sent them the template letter advising them that they are not allowed to enter my premises unless i ask them to . any advice on what i should do next, i am going to the council again on Friday to pay another £20. I have also changed the regisered keeper on our two cars to my name does this mean that they cannot take the cars?

Thanks

Edited April 21, 2009 by BURT96

[cattz]

Hi all,

 

Similar experience to everyone else. Had Equita baliffs call yesterday regarding council tax arrears, I had an arrangement with them and was late paying one installment.

The guy was actually ok (well, he would be considering what he thinks he can make) anyway, this was before I read the posts here, thank god I didn't let him in!

However, my car was parked outside and when he asked if it was mine I said no at first, then a friend arrived, the baliff said he couldn't discuss things in front of him, I got myself into a tizzy trying to get rid of the baliff before my friend worked out who he was. So, when he asked again if it was my car I told him it was my fathers (true) but registered in my name...cheaper ins etc....he then said I'd have to sign for the car.

At this point my friend came walking down the drive, this guy's 6'2", the baliff took one look at him and said he'd post the form through the letterbox and he'd call me later to discuss the matter - so no signature from me - he did call back later but I ignored it. Oh and BTW my bill has jumped by over £200.

Now, I know to ignore any future contact but the problem now is the car. It has to be parked outside as my father is 81 and can't walk too far.

My question is this, can I 'sell' the car to my father and inform them that it is no longer my property and therefore they can not remove it from the property?

Would appreciate any feedback asap

[hallowitch]

cattz could you please start your own thread

the bailiff has put a levy on the car so you cant sell it

in my opinion the levy is invalid as you have an agreement with the bailiff that you are paying a late payment is not a missed payment

as i said plz start your own thread the clever people that help with bailiff problems will be along soon to help you

[cattz]

Apologies all, still new to this and not sure of the protocol. Have reposted in new thread

[pascha]

Hi i havent used this site much so sorry if i shouldnt post here. i have put my own thread on but no replies as of yet.

please can someone help me?

 

My partner rang me at work yesturday to say he had just had a Bailiff from Ross & Roberts at the door saying that we owe 700 to the council from our last property. my partner aske how as we were only there for 3 months and the bailiff said oh you werent there december then to which my partner said no. the bailiff said for us to contact the council if there was a quierie with the amount and that he would "be back in 3 days - (friday 24/04) to see what we can take".

 

What do I do now? I know that my council is a pain when it comes to taking debt back - I had a problem a few years back and they said once its with the bailiff theres nothing they can do.

 

Also wondered, i have got a back gate but they could get over the fence between me and my neighbours - although they would have to go up her garden path at the front to do it. we also have an alley behond and they could get over the fence there and there are no curtains on that back. could they look through the window and write stuff down that way?

 

because he opened the door already - not knowing who they were, can they get in next time?

 

The bailiff gave him a letter confirming who they are and the amount - he did not sign anything.

 

Thanks for help in advance!!

[taya2]

hi was wondering if anyone could help, my council tax has just been passed to the balifs. So far i have only been sent one letter to say they will be arriving over the weekend to collect payment or remove goods. so i gave them a call and the guy told me he would give me to the end of this month to pay £589 this amount includes charges as i only owed £430 to the coouncil. so charges have been added even though they have only sent me this one letter. IS THIS ALLOWED?

 

I understand to write them a letter outlining their charges and not to let them in when they come but, i want to know how i can pay the council online or on the automatated service for the year 2008/2009 because if i make a payment like via those services it will go towards my 2009/2010 council tax

[megs]

Taya start your own thread and you will get help, I did.

I think though that on your letter from the bailiff there should be a client ref number which is the account number that you use to pay online maybe its different to your account 2009/2010 and so won't go towards that bill?? But I'm really not sure, try ringing your council and ask how you can pay them direct, don't give the bailiffs a penny.

[Jeffo_01]

Hi Guys

 

Any advice you can offer would help a couple of old toggers from continually being petrifide by these baliffs.

 

We know we owe money and were not refusing to pay My wife is wheelchair bound and one day when I was out shopping the baliff's turned up at our door and petrified my wife into signing a walk in possession order by telling her that we would both be arrested for non-payment, ok so she signed his walk in possesion and made an agreement with them to pay £75 a month and we kept to this agreement and always payed on time, then a few months back the money was due to be paid on the 12th of the month and my wife as usual went on-line and paid it, a week or so later a baliff turned up and told us we were late paying so I took out our reciept and showed her that we had paid it on the 12th she turned around and told us that there system didn't recieve it for another 2 days making it the 14th so we have now defaulted and that she wanted £130, we had £135 to our name that was for our food gas and electric for 2 weeks and we had to give them that money, we sat in the cold and dark for 3 days and nights because we had no money and to be honest we were starving I could have quite happily gone out and done some shoplifting just for food but I'm not a theif.

 

Due to the last bank holiday my wifes disability allowence was a few days late in her account and so our payment was going to be a week late to them, they turned up on our doorstep yesterday demanding the full payment of £900 haha I haven't even got 900 pence I told him, he told me to ring around friends or family to see if we could get the money so i told him if we could have done that we wouldn't have been sat in the cold and dark the last time he did again say I could be arrested but by now I'm at the end of my tether and told him to go and get the police have me arrested then maybe when i go to prison I can have a break while the state pays to look after my wife, I told him and I told the council who Just don't want to know that I am NOT refusing to pay and asked them to take it back out of the baliffs hands and they refused, we are now sat here waiting for the baliffs to turn up with their van to remove our goods, they have the sofa and chairs on their list so god knows where my wife will sit they also have the washing machine on their list to so god knows how I will clean my wifes cloths and if anyone has ever had to look after a disabled person then they will know what I mean.

 

we tried for 3.5 hours to try and contact the CAB but the phone was always busy so I phoned out local MP and they gave us the number of a solicitor who we contacted, I did explain my wife had signed a walk in posession order and she seemed adament that they cannot take our goods without a court order so I'm very confused by listening to what she said and by reading the posts on here.

 

So can someone please write some sort of letters I can send to the baliff and our un-helpful council.

I really think this will be better taken back to court so is there a way I can go about this, Please help guys because the baliffs are coming even after they put our payments up from £75pm to £100pm and we can't afford it any longer.

 

My apologies for any spelling mistakes.

[hallowitch]

jeffo 01 please start your own thread on this you will get plenty help to sort this out