Council Tax and Bailiffs ref only - NO POSTS ALLOWED

[hallowitch]

wont be back on till Saturday on Holiday but this will be the first thing i do when i get back

[vanman]

wont be back on till Saturday on Holiday but this will be the first thing i do when i get back

ok...that will give me enough time to figure out how the bloody hell to post scanned copies of my paperwork on here then lol

[tamdaws]

hey can some 1 help me ive had a letter off bristow and sutor sayin they want payment in full so i foned them up and they sed they cant set up a payment scheme over the fone that some1 has to come out to me to take a list of my stuff then they will make arrangements for me to pay im a bit worryed that they will come and take my stuff can any1 help please

[vanman]

hey can some 1 help me ive had a letter off bristow and sutor sayin they want payment in full so i foned them up and they sed they cant set up a payment scheme over the fone that some1 has to come out to me to take a list of my stuff then they will make arrangements for me to pay im a bit worryed that they will come and take my stuff can any1 help please

its rubish.

if they turn up DO NOT open the door to them and DO NOT let them into your house what ever they say.

you do not have to let them in by law at all. once they have got in tho its an awfull mess as they can come back in whenever they want to.

if you have to; talk to them throgh the letter box.

as for them comming out to take a list of your stuff its a load of....well you know. they can only list stuff in your house if you let them in, and of course you do NOT have to let them in. that is the golden rule when dealing with these people.

if they wont talk to you about it on the phone then write to them telling them you know your rights and they will never be alowed lawful entry and they must set up a payment plan.

keep copies of your letters and even send them to the coulcil. if they refuse to set up payment plan then the council should take back the account.

also please dont do what i did and left my car on the drive. they can list items even in your garden so long as you own them.

Edited September 25, 2009 by vanman

[echowitch]

Tamdaws please create your own thread and put all the info in there. We will need to know what the debt is, (how much helps but isn't important,) and what any letters or visits you've had have said

[vanman]

wont be back on till Saturday on Holiday but this will be the first thing i do when i get back

 

 

i sent u a pm

[vanman]

did u get the documents?

[hallowitch]

yes got them reading them now

i have never seen a notice of seizure of goods& inventory like this

he has signed the notice of seizure but not the inventory and i would think as there is a place for his signature and he has not signed it could make it invalid

the memorandum of fees is wrong for a number of reasons

 

1) a bailiff cant charge multiple charges when enforcing more than 1 liability order

2) all the liability orders should have been added together and only a walking possession fee of £12 should have been charged and 1 levy fee will work out the levy fee and post it in 10 min

 

you have also been charged 1st visit fee £24.50 this could be correct but we need the date of the visit to confirm this (cant be added the same day as levy fee)

2nd visit should be £18 and again you need a date for this visit

 

remove the bailiffs name and post it on main form then others can view it and give there opinion on whether the inventory should be signed

also the fact that the bailiff has charged the wrong levy fee (to his advantage ) may invalidate it

[hallowitch]

sent you P M

[vanman]

i found a great site that may be of some help to people

 

for some reason the link wont work from this site but if you do a google search for 'screw the bailiffs' and click the first result.

there is lots of info and lots of template letters too.

Edited September 27, 2009 by vanman

[vanman]

i think i will look at filling out form 4 and making serious complaint here.

hopefully if they are found to be wrong all the charges and levy will be void and council will take it back.

[honeysuckle weeks]

well i sent a letter to the council, asking them about the offer of payments to them, i received a letter from the baliffs demanding £109 pw.

the council told me the information about offering payments and they accept is all wrong

all i get now is phone calls from the baliffs.

[impecunious]

Hi honeysuckle -- I'm not exactly sure what you mean. BUT, in my case, I didn't wait for the bailiffs to tell me what to pay each month (£12.50 pcm - the o/s Council Tax is over £1,200), I just told them what I could afford and promptly paid it to them each month for almost 8 months. Then, after reading lots of messages on here, I stopped paying the bailiffs each month and instead starting to pay the council directly through electronic transfer using reference number on correspondence. (I no longer live in the Council borough, so no risk of instalments being set against current year's council tax liability.)

 

From what I understand, the Council have to accept your payment despite the fact that they keep saying to everyone "it's with the bailiffs - you have to talk to them". After I had paid 3 monthly instalments to the Council, I just e-mailed them to advise them what I was doing and I haven't heard anything from them since. I just return the bailiff letters unopened.

 

The account has been with the bailiffs now for over a year, I've only had one visit and I've just ignored all their threats - it should go back to the Council very soon.

 

There is light at the end of the tunnel !

 

If you can be more specific about the problems you're having, someone should be able to help.

 

Just ignore the bailiff's calls! Do they call you on landline or mobile?

 

 

 

Impecunious

[vanman]

if the link below works then i hope some people can make use of it.

 

 

http://www.oft.gov.uk/shared_oft/bus...dit/oft664.pdf

[showbiz77]

Can bailiffs still enter the house for a new outstanding debt if you've signed a 'walk in' agreement?

 

My husband signed a 'walk in' agreement for a previous council tax debt which got chased up by a bailiff and is now settled and is being payed, these payments however have caused us to get behind with our current council tax payments and now have another bailiff letter through!! we cannot afford to pay both and felt getting the bailiffs off our back was of higher importance at the time!

We would love nothing more than to get up to date and straight with these debts but just cannot afford it, iv also just gone on maternity leave which is added strain financially!!

we have been told the 'walk in' agreement still stands for this new debt as its with the same company (Rossendales), is this true?

Please no grief about not paying council tax, we are well aware of our mistakes now and need advice!!

P.S. I tried to start a new thread for this but could not so had to post on this one. Sorry guys.

[hallowitch]

we have been told the 'walk in' agreement still stands for this new debt as its with the same company (Rossendales), is this true?

 

 

absolutely defiantly not true

each year is a separate issue

do not under any circumstances let him enter your home on the pretence that he has a valid walking possession agreement HE HAS NOT

 

Bailiffs and Sheriff Officers click on that link it will take you to a new page near bottom of new page on left new thread

welcome to CAG

[hallowitch]

showbiz77 you have paid the previous debt in full did you receive a breakdown of charges from the bailiff to confirm you had paid the correct bailiff fees

 

you are also classed as vulnerable because you are in the last stages of pregnancy

Edited September 29, 2009 by hallowitch

[showbiz77]

hallowitch, thanks for your reply. We have not paid off the previous debt yet, just making the monthly payments as arranged and no we did not ask for a breakdown of fees. Should we ask for them in writing? Our plan of action now is to tell Rossendales that we will not grant them peaceful entry to our property and that we will be dealing with the council directly. Will make an appointment with the council to ask them to take back the debt and arrange an affordable payment plan. Does this sound right or have I missed anything?

[hallowitch]

sorry i thought you had paid the 1st however

each year is a separate issue so the bailiff cant use the levy for 1st account to gain entry for 2nd account

 

yes write to them recorded deliver and ask for a breakdown of charges added to both accounts

 

you are doing the correct thing going to see the council

remind the council that you will fall under the category of vulnerable person acording to the

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS may 2002

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

[hallowitch]

showbizz 77 there are goods that are exempt

white goods goods for the storage of clothes etc make sure you have no exempt goods on the levy (just in case you have as it would make the levy invalid)

when i find the list i will post it for you

Edited September 30, 2009 by hallowitch

[MARTIN3030]

Good idea HW-maybe we can stickie it too.

[hallowitch]

NATIONAL STANDARDS FOR ENFORCEMENT AGENTS may 2002

 

 

 

 

Those who might be potentially vulnerable include:

• the elderly;
  
• people with a disability;
  
• the seriously ill;
  
• the recently bereaved;
  
• single parent families;
  
• pregnant women;
  
• unemployed people; and,
  
• those who have obvious difficulty in understanding, speaking or reading English
  

List A

 

1) The following articles belonging to a debtor shall be exempt from distress at the instance of a creditor in respect of a debt due to him by the debtor-

a) clothing reasonably required for the use of the debtor or any member of the debtor's household;

b) implements, tools of trade, books or other equipment including a car or van reasonably required for the use of the debtor or any member of the debtor's household in the practice of the debtor's or such member's profession, trade or business, not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Lord Chancellor;

c) medical aids or medical equipment reasonably required for the use of the debtor or any member of his household;

d) books or other articles including a computer reasonably required for the education or training of the debtor or any member of the debtor's household not exceeding in aggregate value £1,000 or such amount as may be prescribed in regulations made by the Lord Chancellor;

e) toys for the use of any child who is a member of the debtor's household;

f) articles reasonably required for the care or upbringing of a child who is a member of the debtor's household.

 

2) The following articles belonging to a debtor shall be exempt from distress if they are at the time of the distress in a dwellinghouse and are reasonably required for the use in the dwellinghouse of the person residing there or a member of the household-

a) beds or bedding;

b) household linen;

c) chairs or settees;

d) tables;

e) food;

f) lights or light fittings;

g) heating appliances;

h) curtains;

i) floor coverings;

j) furniture, equipment or utensils used for cooking storing or eating food;

k) refrigerators;

l) articles used for cleaning, mending, or pressing clothes;

m) articles used for cleaning the dwellinghouse;

n) furniture used for storing-

(i) clothing, bedding or household linen;

(ii) articles used for cleaning the dwellinghouse; or

(iii) utensils used for cooking or eating food;

 

o) articles used for safety in the dwellinghouse or of household articles

3) The Lord Chancellor may by regulations add to the list set out in subsection (2) above, or delete or vary any of the items contained in that list.

We consider that under 1(b) and 1(d) the preferable aggregate value might be £1500.

 

List B

 

Such tools, books, vehicles and other items of equipment as are necessary for use personally by the tenant in their employment, business or vocation and such clothing, bedding, furniture, household equipment and provisions are as necessary for satisfying the basic domestic needs of the debtor and his family.

 

Information and confidentiality

 

• All notices, correspondence and documentation issued by the agent/agency must be clear and unambiguous and to the satisfaction of the creditor.
  
• On returning any un-executed warrants, the enforcement agent should report the outcome to the creditor and provide further appropriate information, where this is requested and paid for by the creditor.
  
• All information obtained during the administration and enforcement of warrants must be treated as confidential.
  
• Copies of the National Standards for Enforcement Agents must be freely available from the offices of enforcement agencies, or agents on request and wherever possible from creditors.
  
• Enforcement agents should provide clear and prompt information to debtors and where appropriate, creditors.
  
• Enforcement agents should, so far as it is practical, avoid disclosing the purpose of their visit to anyone other than the debtor. Where the debtor is not seen, the relevant documents must be left at the address in a sealed envelope addressed to the debtor.
  
• Enforcement agents will on each and every occasion when a visit is made to a debtor's property which incurs a fee for the debtor, leave a notice detailing the fees charged to date, including the one for that visit, and the fees which will be incurred if further action becomes necessary. If a written request is made an itemised account of fees will be provided.
  
• Enforcement agents will clearly explain and give in writing, the consequences of the seizure of a debtor's goods and ensure that debtors are aware of the additional charges that will be incurred.
  

Times and Hours

 

• Enforcement should not be undertaken on Sundays, on Bank Holidays, on Good Friday or on Christmas Day, unless the court specifically orders otherwise or in situations where legislation permits it.
  
• It is recommended that enforcement should only be carried out between the hours of 6.00am and 9.00pm or at any time during trading hours, existing legislation must be observed.
  
• Enforcement agents should be respectful of the religion and culture of others at all times. They should be aware of the dates for religious festivals and carefully consider the appropriateness of undertaking enforcement on any day of religious or cultural observance or during any major religious or cultural festival
  

Edited September 30, 2009 by hallowitch

[Slimrabbit]

I vote for a sticky on the exemption list:p

[Cobbs]

 

The bailiff that calls at your door is more often than not a self-employed collector working on a 40% commission of the fees he can add on, 8 times out of 10 they are not even certificated (as they should be by law) or CRB checked. You can check this by asking for ID and a copy of their County Court Certification. Never been provided with one yet!

Does this mean that they cannot put a levy/seizure on my car/goods?

I have always paid arrears directly to the council, no bailiff firm has ever tried to chase me for their 'fees' once the council debt has been settled.

What if the council wont take payment and are adament that you deal with the bailiffs?

Just ignore their threats as unless you let them in your house the worst they can do is hand your case back to the council.

Can they not take your car or break down your door if they keep coming back?

[casbah]

Hey everyone

 

A bit of bad news............. I made a form 4 complaint against the bailif collecting outstanding council tax arrears, quick recap he claimed to have visited my home, levied against my belongings and charged me an enfoecement fee. The guy has never been to my home, never had a walking possession nor levied my belongings, he cannot provide any proof that he has, it went in front of the Judge for license suspension and the Judge declined, stating that they had provided me with the information ( they actually provided a breakdown of the fees)

I must be honest when I sent them an SAR I did leave it very broad and never specified the info I wanted, its not me doing the charging so he should have copies of the levy and enforcement but the Judge didn't pick up on this and would not revoke his license, so now I'm not sure where I can go with this.

And the really bad blow is I got all my info from the Dept of Justice, and they clearly stated that the bailiff HAD to leave a memorandom showing items levied, and documentation of the enforcement. but still that did not sway the Judge.