Council Tax and Bailiffs ref only - NO POSTS ALLOWED

[hallowitch]

the police will probably help the bailiff because he has been in before this gives him the right to force entry

[scmin]

that's fine, but would they stop him taking items that clearly aren't mine as they are in the inventory?

[hallowitch]

no they will take whats on the inventory the only way they wont take them is if you have proof they don't belong to you

[echowitch]

If the inventory you have is an independent one done by an inventory company (which everyone seems to use these days) you may be able to use that to show that they aren't yours. Just explain the mistake on the Walk-in Possession.

 

Although if its a Council Tax bill talk to the Council IMMEDIATELY and get them to take the debt back, that will stop the bailiff. If you write a letter to the Council (and better yet if you talk to someone immediately to resolve it) then you can tell the Bailiff that the Council is taking back the debt and he/she is to cease all action and refer everything back to them.

[Birmans220960]

Absolutely not. Under no circumstances let him in and write a letter to the firm of Bailiffs stating that you specifically advised previously that the goods are not yours and on no account allow entry to your home. If you own a car, park it well away from your property.

[symphony63]

I did as you advised and this is the reply I received from Haringey by email.

 

I must inform you that your Council Tax arrears will remain with Newlyn for collection. Recovery action was taken on your Council Tax Account as you failed to make payments according to the instalment plan outlined in your Council Tax Bill dated 28/02/2009. Your first payment was due on 01/04/2009 for £153.14, followed by monthly instalments of £149.00 up to and including 01/01/2010.

 

A Reminder Notice was issued on 16/04/2006 which clearly stated that the instalment arrears of £153.14 was payable within ten days. And failure to bring the account up to date would result in the loss of the right to pay by instalments, with the balance for the year 2009/10 becoming due within another seven days. A Summons was issued in the sum of £1,494.14 on 14/05/2009 at a cost of £95.00, this Summons was returnable at the Haringey Magistrates Court on 02/06/2009 where a Liability Order was obtained.

 

A Notice of the Making of a Liability Order was issued to you on 04/06/2009 advising you to contact the Council to make an arrangement to pay and the recovery options available to the Council. However having lost the right to pay by instalments once a Summons is issued and your failure to make a payment arrangement resulted in the Liability Order being passed to Newlyn on 02/07/2009.

 

Your letter dated 04/08/2009 and the arrangement proposal form were received on 07/08/2009, you failed to supply proof of earnings as requested on the form however your proposal was considered and rejected and you were advised to contact Newlyn.

 

You stated in your email that we are misinformed regarding the Law and "As a government department you are required by law to accept all offers of payment." however you failed to state which law you are referring, Council Tax is governed by the Local Government Finance Act 1992 and I am not aware of any such regulations.

 

As the recovery action taken against you is correct, you are liable for the Court and Bailiff costs. However should you wish to dispute specific bailiff charges please do so directly to Newlyn stating your reasons and they will respond to you accordingly. Please contact them on 01604 633 001 immediately to make an arrangement to pay in order to avoid further action which may incur additional costs.

 

Your further advice would be appreciated

[symphony63]

The Council Tax (Administration and Enforcement) Regulations 1992

PART VI p. 45 (3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

I think this refers to an offer made to the council whereby the council has to accept that.

Your opinions please

[vanman]

hi guys, im so sorry if this may have been covered b4 but my partner answerd the door today to a bailiff (she did well not to let him in) collecting council tax on 3 seperate bills. as she refused to let him in he said that she must contact the office whinin 5 days to arrange payment and then left.

just minuits later he then posted a 'notice of seizure of goods' through the door along with a break down of charges including 3 levy fees and 2 first visit fees and an 'inventory of goods seized' listing my car that was on the drive at the time.

neither of these documents have been signed by US, nor are the first visit fee's dated.

No WPO has ever been signed by us to them. thay state that if payment is not made within 5 days they will return to remove goods.

My understanding is; that if no WPO has ever been signed then they are acting ilegally in removing the goods or even just threatening to do so.

can anyone PLEASE advise us on what step to take next? as if they do turn up and try to take goods i will not hesitate in calling the police immediately if i believe they are acting against the law!!!!

 

many thanks

Dave

[hallowitch]

'notice of seizure of goods' through the door along with a break down of charges including 3 levy fees and 2 first visit fees and an 'inventory of goods seized' listing my car that was on the drive at the time

 

is the car on finance did he leave 1 notice of seizure (3 levy fees) of goods is the bailiff certificated

 

it would be a good idea to start your own thread for this

[vanman]

'notice of seizure of goods' through the door along with a break down of charges including 3 levy fees and 2 first visit fees and an 'inventory of goods seized' listing my car that was on the drive at the time

 

is the car on finance did he leave 1 notice of seizure (3 levy fees) of goods is the bailiff certificated

 

it would be a good idea to start your own thread for this

 

im very sorry but bit of a novice at this and not got a clue how to start a new thread lol

 

the car is not on finance.

there is only 1 notice of seizure that has a total £££ for all 3 accounts but only 1 refferance number(not sure if that is correctly documented)

and there are 3 different levy fees of £46...£55....and £24.50.

how can i find out if he is certifcated???

[hallowitch]

Bailiffs and Sheriff Officers click on link near bottom new page on left new thread

 

On line search to check if a Bailiff is Certificated

[vanman]

ok...just checked and yes he is a Certificated Bailiff and still valid untill 2011.

 

any idea where we stand as to no WPO being signed?. i really would love to have the pleasure in telling this guy to very nicely leave!!!!

[rwkshaw]

Can I send the letter from Page 1 to a bailiff, when that bailiff is actually employed by my local council??

[echowitch]

The Council Tax (Administration and Enforcement) Regulations 1992

PART VI p. 45 (3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

I think this refers to an offer made to the council whereby the council has to accept that.

Your opinions please

 

Thats one part of it Symphony. There's another part in the Council Tax Regulations, and another part in the Local Government Finance Act as well. I'll have a look for it for you.

 

im very sorry but bit of a novice at this and not got a clue how to start a new thread lol

 

the car is not on finance.

there is only 1 notice of seizure that has a total £££ for all 3 accounts but only 1 refferance number(not sure if that is correctly documented)

and there are 3 different levy fees of £46...£55....and £24.50.

how can i find out if he is certifcated???

 

Is this for Council Tax for the same Council or different Councils ? If its the same Council but different years they have to treat it as one account only. The levy fee's are utter rubbish, especially as Im pretty sure they can only charge you once (not three times) for a first visit.

[rwkshaw]

Thats one part of it Symphony. There's another part in the Council Tax Regulations, and another part in the Local Government Finance Act as well. I'll have a look for it for you.

 

 

 

Is this for Council Tax for the same Council or different Councils ? If its the same Council but different years they have to treat it as one account only. The levy fee's are utter rubbish, especially as Im pretty sure they can only charge you once (not three times) for a first visit.

 

 

My dad had something similar from Jacobs in Birkenhead, They had 3 different years, on 3 different sheets, when they came to his house with all 3 together, they charged 3 visit charges, levied on MY car?? and charged 3 charges to do that.. I'm not surprised that the guy had his satnav ripped from his dashboard and slatted back through his windscreen by someone he'd just visited around the corner..

[vanman]

[

Is this for Council Tax for the same Council or different Councils ? If its the same Council but different years they have to treat it as one account only. The levy fee's are utter rubbish, especially as Im pretty sure they can only charge you once (not three times) for a first visit.

 

its the same council and 3 different years.

im pretty sure the levy fees are a load of crap but my main worry is the fact they have posted the 'inventory of goods seized' through the door with my car listed and it has NOT been signed by the bailiff or us, nor has any WPO ever been signed by us.

 

we only have till friday 11th sept till they return and i would like to know for sure if i am in the right to call the police if they try to take my car when nothing has been signed.

[Macca2k10]

Hi!

 

 

My mum got a letter of the baliffs (rossendales) 3 days ago(3rd of september) saying NOTICE OF ATTENDANCE ect... magistrates liability order/distress warrant for £1268.30 and then it said if you cannot pay this bill in full you should be aware that evan at this late stage with an initial payment of £120 you can still pay by installments!! 3 days later 6th september we got something about weve got an liability order!! and on the back of the form it's got stuff about walking possession ect.. And that my mam needs to pay £1268.30 + first visit fee £24.50 + second visit fee £18.00 total £1310.80 but my mum hasnt signed anything as i've been reading about that on here and the baliff keeps knocking ect... But i mean one minute they where saying you can pay in installments then 3 days later sending out a walking possession...whats that all about?? 3 days wasnt exactly long notice was it!! But the baliff said he would call around again monday!! And he keeps ringin my mum and being really nice with her on the phone so....hes obviously trying to get on my her good side to trick her into leting him into the house am i correct?? Well theres no chance hes coming in!!! But im just a little stuck on what to do next like how can my mam pay the council and not the baliffs ect...? Do i need to right a letter and stuff? and if so what do i write ect... Also we can pay one payment of £400 then maybe 9 month payments of £100 or 5 month paymonts of £200...would the council except this? thanks

[hallowitch]

hi Macca2k10 welcome its always a good idea to start your own thread

Bailiffs and Sheriff Officers click on this link near the bottom of new page on left new thread

 

a liability order is what the council gets from the court

 

walking possession agreement this is a notice of goods & inventory this should have goods levied on it usually a car if the bailiff has not been in the house

[Macca2k10]

hi Macca2k10 welcome its always a good idea to start your own thread

Bailiffs and Sheriff Officers click on this link near the bottom of new page on left new thread

 

a liability order is what the council gets from the court

 

walking possession agreement this is a notice of goods & inventory this should have goods levied on it usually a car if the bailiff has not been in the house

 

 

Hi hallowitch!! thanks =D

[ccridersuz]

Hi, I didn't know whether to start a new thread, but as this relates to the above, someone will no doubt inform me if different!!

 

My problem is with the Balliffs Jacobs, They turned down my offer of payment, and have their eye's on my car. As I am currently out of work I need my car for job hunting. I am worried can they take my car just like that?? I get conflicting stories, in that some say they clamp you until it's paid in full and other's that they just tow it away. Can they just turn up and do that??? I it's not running for some unknown reason, should I just let them take it???

I other concern it that as I owe over £1000 (now after charges have been added) they actually make a charge for using a debit card, either over the phone or online. This is £2.00 each time are they allowed to do this??

Thanks for the template letter I will be using it shortly.

Suzanne:-|

[ccridersuz]

Why is it that my council writes off thousands in council tax, but persecutes others???????????????????????????

Why am I paying for the police when the letter from Victim support turns up before they do??

Why are we only given 10 months to pay it????? and persecuted before the 5th month, if we have fell behind???

Can anyone answer these questions???

[hallowitch]

Hi suzanne jones

 

I didn't know whether to start a new thread,

yes please start new thread

[sillygirl09]

Hi, can anyone please help me?

 

Yesterday a bailiff from Jacobs came knocking on my door regarding unpaid council tax. I moved about 5 months ago, had someone rent my property (who didn't pay the rent or council tax). Since then i've ended up with my head completely in the sand......my house has been repossessed (my old neighbour told me there was a note on my door saying I had 14 days to remove all possessions) and yesterday the bailiff came knocking.

 

I owed 3 months in total (I think), I stupidly told the bailiff I didn't know the person he was on about, then said I did and she stayed here, then said i'd try to get hold of her last night (i'm sure he saw right through me but I panicked). The amount is £338.62 + costs (written in red on the letter he gave me), he also told me that she was in serious trouble.....

 

The letter states that 1. Payment in full is now due, please contact me on......

 

2. At this stage I can offer you an arrangement to pay this deby by installments over a short period of time.

 

Any arrangement to pay by installments is made subject to our bailiffs calling to your properlty and completing the relevant paperwork (this will incur a statutory fee) AND you making an immediate payment.

 

I'm very scared.

 

I've struggled so much over the past 2 years with family problems to the point where I do feel like I want to 'end things', I know that it's only money but it's a massive stress & I can't tell my husband, he'd be so disappointed, I need to sort this myself. I ended up in hospital with heart pains over the weekend (i'm only 37), this is due to stress of everything that's been going on, the pains have started again because of the bailiff.

 

I'm sorry, I don't know how to start a new thread.....but I have put his name into the Certificated Bailiff and it doesn't come up, i've also put the name of the company in (Jacobs) and his name doesn't appear there, could it be somewhere else?

 

Forgot to mention that we now privately rent and all the bills are in my Husbands name.

 

Can anyone please help?

Edited September 9, 2009 by sillygirl09

[echowitch]

Hi, can anyone please help me?

 

Yesterday a bailiff from Jacobs came knocking on my door regarding unpaid council tax. I moved about 5 months ago, had someone rent my property (who didn't pay the rent or council tax). Since then i've ended up with my head completely in the sand......my house has been repossessed (my old neighbour told me there was a note on my door saying I had 14 days to remove all possessions) and yesterday the bailiff came knocking.

 

I owed 3 months in total (I think), I stupidly told the bailiff I didn't know the person he was on about, then said I did and she stayed here, then said i'd try to get hold of her last night (i'm sure he saw right through me but I panicked). The amount is £338.62 + costs (written in red on the letter he gave me), he also told me that she was in serious trouble.....

 

The letter states that 1. Payment in full is now due, please contact me on......

 

2. At this stage I can offer you an arrangement to pay this deby by installments over a short period of time.

 

Any arrangement to pay by installments is made subject to our bailiffs calling to your properlty and completing the relevant paperwork (this will incur a statutory fee) AND you making an immediate payment.

 

I'm very scared.

 

I've struggled so much over the past 2 years with family problems to the point where I do feel like I want to 'end things', I know that it's only money but it's a massive stress & I can't tell my husband, he'd be so disappointed, I need to sort this myself. I ended up in hospital with heart pains over the weekend (i'm only 37), this is due to stress of everything that's been going on, the pains have started again because of the bailiff.

 

Can anyone please help?

 

Ok, first things first, calm down, take a deep breath, and relax......we can help Everything is fixable, as I keep reminding my wife who has stressed about bills and bailiffs and family stuff herself over the last couple of years. We now have all the bills in order, Im tidying up the last of the credit issues, and the family stuff is almost completely done.

 

I think that we can safely assume that your case is going to be rather complex so I'd suggest you create a new thread, and then drop me a PM when you've created it and I'll post in there with everything you need tonight when I get home. (All my notes and links are on the pc at home.)

 

If any Bailiff's try to contact you or attend, tell them that you are discussing the case with the Council and they are to put everything on hold in the meantime. What I'll give you in your own thread is info on your next steps and sorting everything with the council

 

 

 

Why is it that my council writes off thousands in council tax, but persecutes others???????????????????????????

Why am I paying for the police when the letter from Victim support turns up before they do??

Why are we only given 10 months to pay it????? and persecuted before the 5th month, if we have fell behind???

Can anyone answer these questions???

 

I can't speak for the Police but I know that Local Government is full of jobsworths who don't care, or are utterly incompetent. I was speaking with my father last night about a particular Council employee that he was involved with the firing of, and it took 3 years to get rid of the guy. Its mainly because Local Government sticks rigidly to the Employment Regulations of the UK, unlike most firms, but that in turn ties their hands so they are stuck with useless chimps that other firms would just fire and replace.

 

[

Is this for Council Tax for the same Council or different Councils ? If its the same Council but different years they have to treat it as one account only. The levy fee's are utter rubbish, especially as Im pretty sure they can only charge you once (not three times) for a first visit.

 

its the same council and 3 different years.

im pretty sure the levy fees are a load of crap but my main worry is the fact they have posted the 'inventory of goods seized' through the door with my car listed and it has NOT been signed by the bailiff or us, nor has any WPO ever been signed by us.

 

we only have till friday 11th sept till they return and i would like to know for sure if i am in the right to call the police if they try to take my car when nothing has been signed.

 

Please create your own thread and drop me a PM to let me know its done and the link and I'll sort you out tonight when I get home. Basically if its for the same Council Tax account, (regardless of how many years,) they can only charge one visitation charge. So they are trying to pull a fast one.

 

Note: Tonight I will update the letter for sending to Councils to get them to take accounts back from Bailiffs. (I'll add it to my list of fun letters to write tonight, including an Letter Before Action to Virgin hehe)

[sillygirl09]

Hi, i've created a new thread, sorry, I don't know how to pm you!! i'm not usually this dense, i'm just very stressed at the minute.

Thank you.