Council Tax and Bailiffs ref only - NO POSTS ALLOWED

[hallowitch]

Can someone please please help me.

 

My partner and I have been living together since 15th August 2008 in the same property. Saturday just gone, he received a letter from Bailiffs Whyte & Co saying that he and his ex house mate owed a years Council tax from the period of April 2007 to March 2008 and that a liability Order had been issued, he had 5 days to pay in full or they will come and seize property. This is the first that he has heard of this. There a couple of points:

 

1. The letter is addressed to my partner and his ex housemate, my partner is not in contact with his ex housemate since the day he left in August 2008 so has no idea where he is now.

 

2. The letter was dated 15th April we received it on 17th April if it is that urgent why did we not receive the letter earlier.

 

3. He has never had any letter during living at this current address about unpaid Council tax or at his old address.

 

4. During the year that they are claiming he owes money he was paying Council tax, unfortunately he still does not have any statements to prove that but he will be contacting his back so he can see the amount he paid.

 

5. During the duration of living at the old property he never received letters saying that they were in arrears of the Council tax.

 

What can my partner do?

 

 

please start your own thread with this you will get a better response

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

[dx100uk]

Got your own bailiffs problem.........

 

PLEASE REFRAIN FROM POSTING HERE

 

start your own thread with this you will get a better response

 

http://www.consumeractiongroup.co.uk...ewthread&f=168

 

dx

[Ionlymissedfiftyquid]

Hi All

Our first mistake was getting car repaired so that Missus could continue her care work,she's a mobile carer.

So fifty quid fixed car, which meant fifty quid couldnt do poll tax.

Being as the account is in Equita hands we couldnt carry agreement and pay extra ten per month

Yesterday we had the get in touch letter as we rolled up today and you weren't even in

We did the phone call because the letter threatened absence removal of goods

Today she rolled up for her 280 pounds told us our attitude stinks and warned usshe was acting on our behalf even diong us a favour by wrapping up account one so she could concentrate on account two.

She warned us that if we didnt keep up payments she would be around again and would start with the car and work her way into and around the house.

It was pointed out that we want to pay our debt are not refusing to pay our debt but sometimes things happen to which the reply was

MANAGE YOUR MONEY BETTER MAKE SURE RENT AND POLL TAX ARE AT TOP OF LIST

[hallowitch]

welcome to the wonderful world of the bailiff

can you please use this link to start your own thread

 

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

[Vicki202]

Really need some help a bailiff turned up at my door this morning clamping my car id previously been to council n they set up a payment for me to wich i paid only to find out they paid it into there account for a old council tax bill not to the bailiff so my car was clamped less than half an hour later she turned up again ended up her assaulting me slamming me against her van when i tried to stop her gettin in to it she rang the police and while police where talking to me she came into my house i flipped and went for her so i ended up been handcuffed to which a copper then brought her into my house and allowed her to levi things she now wants 336 pounds by wed im a single parent on benifits how am i supposed to sort that ? nobody seems to no how to sort out any of this or even give advice im really stuck and could do without this as my nan is dying of cancer and has just had a fall and been taken bk into hospital without my car i cant get to her

[ploddertom]

Really need some help a bailiff turned up at my door this morning clamping my car id previously been to council n they set up a payment for me to wich i paid only to find out they paid it into there account for a old council tax bill not to the bailiff so my car was clamped less than half an hour later she turned up again ended up her assaulting me slamming me against her van when i tried to stop her gettin in to it she rang the police and while police where talking to me she came into my house i flipped and went for her so i ended up been handcuffed to which a copper then brought her into my house and allowed her to levi things she now wants 336 pounds by wed im a single parent on benifits how am i supposed to sort that ? nobody seems to no how to sort out any of this or even give advice im really stuck and could do without this as my nan is dying of cancer and has just had a fall and been taken bk into hospital without my car i cant get to her

 

It may pay to start your own thread where you'll get a better response. Click this link:

 

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

 

PT

[soslasthope]

Hi Vicky

 

So very sorry to hear about your problems I am sure that some one will come along soon who will be able to help you this site is great I had help and all got sorted. I am unable to give you any help with this one do not have the knowledge. so please do not give up hope.

 

BEST TO START YOUR OWN THREAD GOOD ADVISE

[Jakyblue]

Hi All,

Missed a monthly instalment on Council Tax so of course they demanded all outstanding for the remainder of year a total o £305, subsequently passed on to Jacobs bailiffs. Entered it to agreement to pay £116 x 3 = £348. £43 pound was explains as there fee. Made first payment unfortunately next payment was rejected for lack of funds (my fault). Got letter stating this and Jacobs wanted the remaining £232 in full in the next 4 days (couldn’t pay this). I got the £232 bout 2 weeks later, call bailiff to pay, he said didn’t have details would phone back he didn’t. Day later he is on my door issuing me a 48 hours removal of goods notice and I now owe £399!! Refused him entry, Printed off zoomans letter and gave to bailiff, he read then skulked off blurting he can charge me what he likes. I called council who didn’t want much to do with it; I paid to them the £232 which they said they couldn’t refuse. My question is where does this leave me in regards Jacobs and there cost?

[hallowitch]

Hi All,

Missed a monthly instalment on Council Tax so of course they demanded all outstanding for the remainder of year a total o £305, subsequently passed on to Jacobs bailiffs. Entered it to agreement to pay £116 x 3 = £348. £43 pound was explains as there fee. Made first payment unfortunately next payment was rejected for lack of funds (my fault). Got letter stating this and Jacobs wanted the remaining £232 in full in the next 4 days (couldn’t pay this). I got the £232 bout 2 weeks later, call bailiff to pay, he said didn’t have details would phone back he didn’t. Day later he is on my door issuing me a 48 hours removal of goods notice and I now owe £399!! Refused him entry, Printed off zoomans letter and gave to bailiff, he read then skulked off blurting he can charge me what he likes. I called council who didn’t want much to do with it; I paid to them the £232 which they said they couldn’t refuse. My question is where does this leave me in regards Jacobs and there cost?

welcome to gag

it would be better if you started your own thread

 

but to answer you question it leaves the bailiff up the Swanee without a fee he cant charge what he likes

bailiffs can charge 1st visit fee 2nd visit fee

to be able to charge more fee than this they must levy goods

to levy goods the bailiff must leave a notice of seizure of goods and inventory at the time of the levy the fee for this is depends on the amount outstanding at the time of the levy (£30 on a debt of £232) they can also charge a walking possession fee of £12 if the walking possession agreement is signed

if no payment is made after a levy (not on the same day) then the bailiff can charge a van fee usually around £110/150

[Jakyblue]

thanks for you prompt reply hallowitch. So if i can clairify i paid £116 to bailiffs then £232 to council. In you opinion although the letter given to me states removal 48 hours . The bailiff can not add on any costs cause i have not signed anything and as he has not entered my property or collected items. They had already charge me 1st & 2nd fee although i didnt see them (i work form home).

[hallowitch]

phone your council and ask the date of the liability order

the amount of the liability order

the date liability order sent Jacobs (this must be 14 days after the liability order is granted)

the date amount of payments received from Jacobs

the date of payment from yourself

balance outstanding if Nil date of Nil balance

any bailiff charges that have been added to your account

date of each charge

amount of each charge

reason for charge

 

bailiffs take there fees first before they pay the council

 

you need to find out when the levy fee & van fee was added there is every possibility the bailiff has levied on a car during this 2 weeks ( Got letter stating this and Jacobs wanted the remaining £232 in full in the next 4 days (could’t pay this). I got the £232 bout 2 weeks later, call bailiff to pay, he said didn’t have details would phone back he didn’t.) but as i said above they must leave a notice of seizure of goods and inventory to levy

 

do you own a car is it on HP finance

 

there is a template letter on here to send to Jacobs asking for breakdown of fees i will post it up when i find it

found it

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account. Can you please provide me with a breakdown of the charges including Computer Screenshot.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject access request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

Edited September 8, 2010 by hallowitch

[Jakyblue]

My car was on the drive when they arrived, they cant take it can they?

[blackcrypt]

can a certificated bailif force entry (or push past me) to seize goods for council tax arrears?

[hallowitch]

can a certificated bailiff force entry (or push past me) to seize goods for council tax arrears?

 

NO

 

Welcome to c.a.g if you want to start your own thread on this us this link

http://www.consumeractiongroup.co.uk/forum/newthread.php?do=newthread&f=168

[blackcrypt]

Thank you, I have just posted a new thread. Can't post link because I don't have enough posts under my belt yet

[britishdebt]

baillifs have been our house 3 times for council tax arrears dropping of letters each time that 2 were dated 11/10/10 saying the outstanding amount was 927 pound then on the 19/10/10 we get a letter saying the balance is now 1098 (after the legal processes of levying distress has taken place) then under it final notice your goods are due to be removed if this debt is not settled immediately i have phoned the number that was on the 3rd letter and spoke to the guy and have texted messages of him i asked him what was the outstanding balance and his texed reply was a total of 1018 so this is the 3rd different amount they have give us i offered to pay in full but not signed anything to the head office but he is now saying that we cannot to this we can only deal with him and we can pay over the phone to him direct giving the card details or using cash i just dont like the sound of this at all tbh we rang the council and they said we have to pay the bailiff not them now we allso rang the bailiff office and they allso said we have to pay the bailiff guy and they could not tell us how much we owed and we would have to ask the bailiff thats been in contact with us yet on the 3rd letter it stats at the bottom of the letter

 

to make a full or part payment via debit or credit card 24 hours aday,7 days aweek call +++++ please note you can also pay via there website www dot ect i have a texted messafe if the bailliff guy saying the automated line will not work .....need advice as i said we would pay this weekend

[gearjamma]

bailiffs can ONLY levy goods if you have allowed them into your home,they cannot gain entry via open windows unless you have a; allowed them in previously,b;failed on a preset agreement,then they can LEGALLY enter your home via any unlocked doors ,windows etc.If you are having problems with the bailiff,you can ask the council to take back the debt and pay them instead of the bailiff.I did this and the bailiff got zilch,but remember NEVER offer more than than you can afford,they cannot make you pay what you cannot afford.

[hallowitch]

that 2 were dated 11/10/10 saying the outstanding amount was 927 pound then on the 19/10/10 we get a letter saying the balance is now 1098 (after the legal processes of levying distress has taken place)

 

distress can can only legally take place if the bailiff has been in your house to levy goods or he has levied your vehicle however he must at the time of the levy leave a notice of seizure of goods and inventory listing the goods levied

 

phone your council ask them how much the liability order is add £42.50 bailiff fees if its this years council tax pay it to the council on-line

 

e-mail the bailiff firm copy in the council inform them you have paid the debt including the 1st&2nd visit fee as in

 

THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) REGULATIONS 1992 (AMENDMENT) 2006

 

http://www.legislation.gov.uk/uksi/1992/613/contents/made

 

schedule 5 charges connected with distress

http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf

 

any thing you cant get your head round just ask

 

 

 

Edited October 21, 2010 by hallowitch

[britishdebt]

yes they have been 3 times in total the 3rd time it was was to remove goods but no they have not been inside to levy anything as no one was home at all 3 visits

[hallowitch]

yes they have been 3 times in total the 3rd time it was was to remove goods but no they have not been inside to levy anything as no one was home at all 3 visits

 

 

they can come as many times as they like BUT WITHOUT a valid levy on goods they cant charge for a visit to remove goods they can only charge for 2 visits £24.50 1st visit fee £18 2nd visit fee

[britishdebt]

oh my understanding was that they could charge what they see as a Reasonable amount to charge if they turn up For one attendance with a vehicle with a view to the removal of goods or can they only do that if they have entered your home and done a levy i rang a dept help line and they told me that they could charge whatever they felt like

[hallowitch]

oh my understanding was that they could charge what they see as a Reasonable amount to charge if they turn up For one attendance with a vehicle with a view to the removal of goods or can they only do that if they have entered your home and done a levy i rang a dept help line and they told me that they could charge whatever they felt like

 

of course they will tell you they can charge what they like thats how they make there money they work on the assumption if you have to ask questions they can tell you what they like and you will believe them most people don't question it they just pay up they must charge according to

THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) REGULATIONS

they must have goods to remove prior to the visit to charge a removal fee

C For one attendance with a vehicle with a view to the removal of goods Reasonable costs and fees incurred. Reasonable costs and fees incurred.

Where following the levy goods are not removed

 

[gearjamma]

Definetly not if he has not previously been allowed entry in to your home,if he has been allowed in then yes he can,because he is LEGALLY (i know it stinks)allowed to collect HIS property.If you have refused him/her entry there is nothing in the world he can do,if he tries to force his way in he is guilty of assault and can be prosecuted,they will use any underhand tactics to gain entry,i.e;can i have some water i feel faint (a favourite with female bailiffs),can i use the loo,etc.,as soon as you leave the door unattended they will be in...legally...the law states that if you allow entry to a bailiff either through leaving the entrance unattended or a door open you have invited them in .They are nothing more than legalised burglars,tell them to get stuffed and to take you to court,if they are using underhand tactics they will come to some mutual agreement.

[sjb1]

Bailiffs have given me a walking possession with a neighbors car on it. What can I do?

 

 

Zooman why are advising as you have advised ? Just wandering ?

[sjl2]

Hi All,

I have a problem with Jacobs Baliffs.

They came to my home after I left for work one morning, and banged on the door until my wife opened it.

She had just been about to get into the shower so was in her dressing gown when she opened the door. The agent pushed his way past her, wrote down 3 items on a Notice of Siezure of goods and inventory, and told her to sign at the bottom of the paperwork.

Point 1. This debt was passed to the bailiffs prior to the final bill from a previous property being sent to us from the local council.

Point 2. The agent was never asked into our property; he pushed his way in past my disabled wife.

Point 3. The items listed on the notice of siezure are on HP, and we do have the paperwork to prove it. Some of the details noted are incorrect - ie they have listed a TV as a 25 inch TV and it is a 32 inch TV.

 

Point 4. The bailiffs agreed a payment plan with my wife of a payment of £50.00 on 19th November 2010, then a next payment of £100 on my pay date - the final day of December 2010. Due to an error on the part of my employer not paying my wages correctly, I was unable to make the agreed payment on 31st December. I have telephoned the bailiffs office and was told that the payment due date had been inputted as 10th December, which was NOT what we had agreed to.

 

We are also paying £170 per month to catch up on another bill for council tax - but paying direct to the council. We asked the council to write to us when we moved to arrange payment of the bill outstanding, which they agreed to, but then sent it directly to the bailiffs because by the time they had calculated the bill it had passed the billing date! The council have agreed it should not have been sent to the bailiffs, but they "cannot do anything about it".

 

Can I pay direct to the council and get these idiots off my back? I really do not want to pay these muppets anything but am quite willing to pay direct to the council.

Can I refuse to allow them access to my property if I have a receipt from the council stating that payment has been made?

Can I complain to the council & the bailiffs for their conduct so far?

Many Thanks in advance for your help!