Jump to content


Council Tax and Bailiffs ref only - NO POSTS ALLOWED


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3930 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

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.

 

Thank you for your reply.

Please do find the relevant Acts and the exact references. I'll try to find it myself but together we might find it quicker.

Good Luck :)

Link to post
Share on other sites

  • Replies 1.2k
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

I think this is another reference to the same

 

Local Government Finance Act 1992 (c. 14)

SCHEDULE 4 Enforcement: England and Wales

 

Termination of proceedings

 

 

17 (1) Regulations under paragraph 1(1) above may provide that in a case where—

(a) proceedings under the regulations have been taken as regards the recovery of any sum mentioned in paragraph 1(1) above; and

(b) the outstanding amount is paid or tendered to the authority to which it is payable;

the authority shall accept the amount, no further steps shall be taken as regards its recovery, and any person committed to prison in pursuance of the proceedings shall be released.

(2) The outstanding amount is an amount equal to the sum concerned or to so much of it as remains outstanding (as the case may be).

(3) In a case where costs and charges are relevant the outstanding amount shall be treated as augmented by a sum (of a prescribed amount or an amount determined in accordance with prescribed rules) in respect of costs and charges incurred in the proceedings up to the time of payment or tender.

 

Sorry I found after posting that you referred to this in a previous post but I didn't find the Council Tax Regulations.

Edited by symphony63
Link to post
Share on other sites

Yep thats the one Symphony :)

__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

Link to post
Share on other sites

PLEASE HELP!!!

 

Had IBIS bailifs at my door yesterday for my outstanding council tax being naive i let her in she did a walk around and listed all the items in my house and i meen all of them except my bed,fridgefreezer ,cooker and stuff in my childrens bedroom as there not allowed to take ne thing belonging to the kids. I sighned the form as she told me that if i did not sighn the form and pay the rate of £105 a week then a van would be called to take away my stuff there and then (as the debt has to be cleared before the end of the tax year or so i was toldby this woman) so obviously i was scared as i was due to pick my 3 children up from school in half hour or so and didnt want them coming home to an empty house as this would have distressed them (they are aged 9 ,7 and 4) so i sighned the form. The debt is in my partners and my name so does this not meen that they also needed his signature on the form for it to be binding?? (my partner asked me this when i phoned him once she had gone) having 3 small children and with christmas fast approaching £105 a week is alot of money were due to make the 1st payment tomorrow i am going to follow the previous advice of paying it direct to the council and not the bailiffs but would be gratefull if maybe ne1 could help me find a way of getting the payments reduced to sensible amount without them saying i'm breaching my agreement resulting in us loosing our belonging's. I am extreemly stressed out about the whole situation as the women was not willing to accept my offer's of weekly payments i have not slept all night and keep finding myself crying about this situation i dont know what to do for the best or who to turn to please please can someone give me some much needed advice and guidance.

 

Terri

Link to post
Share on other sites

PLEASE HELP!!!

 

Had IBIS bailiffs at my door yesterday for my outstanding council tax being naive i let her in she did a walk around and listed all the items in my house and i men all of them except my bed,fridgefreezer ,cooker and stuff in my childrens bedroom as there not allowed to take ne thing belonging to the kids. I sighned the form as she told me that if i did not sighn the form and pay the rate of £105 a week then a van would be called to take away my stuff there and then (as the debt has to be cleared before the end of the tax year or so i was toldby this woman) so obviously i was scared as i was due to pick my 3 children up from school in half hour or so and didnt want them coming home to an empty house as this would have distressed them (they are aged 9 ,7 and 4) so i sighned the form. The debt is in my partners and my name so does this not meen that they also needed his signature on the form for it to be binding?? (my partner asked me this when i phoned him once she had gone) having 3 small children and with christmas fast approaching £105 a week is alot of money were due to make the 1st payment tomorrow i am going to follow the previous advice of paying it direct to the council and not the bailiffs but would be gratefull if maybe ne1 could help me find a way of getting the payments reduced to sensible amount without them saying i'm breaching my agreement resulting in us loosing our belonging's. I am extreemly stressed out about the whole situation as the women was not willing to accept my offer's of weekly payments i have not slept all night and keep finding myself crying about this situation i dont know what to do for the best or who to turn to please please can someone give me some much needed advice and guidance.

 

Terri

 

 

hi welcome to C A G can you please start your own thread so that we can begin to help you with this

just in case you dont know how (it can be a bit confusing trying to find your way round the site ) click on this link Bailiffs and Sheriff Officers it will take you to a new page near the bottom of page on left new thread

Link to post
Share on other sites

Tezza, in addition to Hallowitch's post, can you please also provide the following info and I'll sort you out with a letter for the Council.

 

1. Did the Bailiff provide upon request, or display, any identification

2. Did you get the Bailiff's name. Please list it if you did

3. Where they threatening, intimidating, or similar

4. Did you make any payment to them when they attended

5. How much is the Council Tax for, and for which year (This financial year, or last or earlier)

6. What charges have the Bailiff's added ? (Please be specific)

 

Drop me a PM with the link to your thread when you create it :)

__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

Link to post
Share on other sites

Can someone tell me what cab means?? alot of people on here have said i when into see the cab just wonderd what that is? is that citizens advice

 

Citizens Advice Bureau

Citizens Advice - the charity for your community

__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

Link to post
Share on other sites

What if you have a liability order against you which the baliffs got from the courts can you still send this letter....

 

 

 

Dear Sir/Madam,

Re: Your Reference

 

I understand XXX Council has appointed you to recover my Council Tax Liability arrears for 200x of £xxxx.

 

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.

 

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 £xx.xx and the balance of £xx.xx to be paid on the 24th month to cover the principle. 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 xx of each month, as an act of good faith I have enclosed the first payment chq number xxxxxx. 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 hope the above meets your approval and I look forward to your timely reply by letter.

 

Yours faithfully,

Link to post
Share on other sites

Simple answer Jadesv is yes. The Council tax bill is passed to the Courts who apply the liability order. The Council passes the debt to Bailiffs to collect it. However ultimately its still the Council who is in charge of it all. And its also why under the Council Tax Collection and Enforcement Regulations, and Local Government Finance Act, you are still entitled to make payment direct to the Council.

__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

Link to post
Share on other sites

echowitch....i sent a letter from your draft to the council, and received a reply, i offered them £5 pw and in their letter they have accepted the £109 pw, how on this earth, do they expect me to pay that much pw.

i think i will give up now, because i feel no matter how many letters i write will be a waste of time.

they want what they want..

im not going to worry anymore, i will wait and see if they throw me in jail, nothing else i can do..

it seems the letter i sent went straight to the baliffs...

anyways they can come and take everything if they want, im just past caring..

Link to post
Share on other sites

echowitch....i sent a letter from your draft to the council, and received a reply, i offered them £5 pw and in their letter they have accepted the £109 pw, how on this earth, do they expect me to pay that much pw.

i think i will give up now, because i feel no matter how many letters i write will be a waste of time.

they want what they want..

im not going to worry anymore, i will wait and see if they throw me in jail, nothing else i can do..

it seems the letter i sent went straight to the baliffs...

anyways they can come and take everything if they want, I'm just past caring..

 

 

try going to see you M P with all the scandal about there expenses and the general election coming up soon they seem to be bending over back wards to help

Link to post
Share on other sites

Agreed, go to your MP, although in your case Honeysuckle this is the infamous Haringey Council so I'd be sorely tempted to go to the media about it. Perhaps then they might actually fire everyone at Haringey and get some competent staff in.

 

Pipe dream I know, but don't despair, go to your MP. :)

__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

Link to post
Share on other sites

sorry if i shouldnt be posting here.

 

Basically my mother has had leters fom rossendales saying "pay 800 within 7 days or we sent round the balifs" shes was away in egypt when the letter came (last week) there was a ltter in this to mae installments that had to be signed and filled in by heralo hy were asking for proof of income i bank statements. I didnt have access to this info so didnt send anything. Seems a bit odd though a balif asking for bank statements?! also on the letter they reckon they have been round twice and charged for the pleasure. What would my first steps be? Im thinking send a letter to the balifs asking for a breakdown of al charges and proof of a signed walking possesion order? and a letter to the council direct asking for a total amount owed and offering instalments? any input appreciated. Im worryin about my two brothers. My mum is the kind of person who will just cave and let them in or pay up in full includin charges:mad:

Link to post
Share on other sites

Ok I dont really know where to start so please bare with me as this is a complicted issue!

I have in the last week received 2 visits from 2 bailiffs from the same firm ( Rossendales ) About a council tax debt. This is where it becomes confusing I have been on income support for the last 3 years and claiming hosing benefit and council tax benefit .. Once the bailiffs had left ( I did not let them in either time) I called the local council and they informed me that I had cancelled my housing and council tax benefit claims a year ago! ( I obviously had done no such thing ) Luckily ( If you can call it that) My landlord had defaulted on his morgage a firm has taken over management of my rented property I found this out after bailiffs so no rental arrears exist as I only owe the money to the management company from the date they took over. Anyway back to the bailiff and council tax! The 2nd bailiff informed me that I need to pay the full outstanding amount (£750) By his return this Friday 18th or he will remove goods. From reading other posts I now understand that he is unable to enter the property to do so without my consent as he has never been inside my front door ( Does this still stand if he has been in the communal hallway for the building?? ) He was incredably rude and when I told him I was on income support he said thats a rubbish benefit and your still liable if you were on jobseekers things would of been different! I offered to make weekly payments which he declined and then left saying he would be back to collect payment. I phoned their office and they said that all they could help me with was clearing the debt in full otherwise I have to talk to the baillif. I phoned my local council and even with my explaination of circumstances they were 100% useless and said I would have to fill in forms and claim for back dated but they really doubted I would get it as I had left it so long (Even though as soon as made aware I contacted them ) They told me they had sent letters but seen as I have a shared letter box and dont get all my post they should of sent them to the address I gave as a care of addy at the start of my claim (Housing Benefit this is) Im now stuck waiting for forms to be sent to me and the bailiff returning in 5 days! Help! I dont have the money to pay this being on is and a single mum to a 3 yr old help! Even if it means paying it in installments Ill be willing just to get them off my back

:(

Link to post
Share on other sites

Blonde & Zarah, give me an hour or so and I'll post responses for you :)

__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

Link to post
Share on other sites

sorry if i shouldnt be posting here.

 

Basically my mother has had leters fom rossendales saying "pay 800 within 7 days or we sent round the balifs" shes was away in egypt when the letter came (last week) there was a ltter in this to mae installments that had to be signed and filled in by heralo hy were asking for proof of income i bank statements. I didnt have access to this info so didnt send anything. Seems a bit odd though a balif asking for bank statements?! also on the letter they reckon they have been round twice and charged for the pleasure. What would my first steps be? Im thinking send a letter to the balifs asking for a breakdown of al charges and proof of a signed walking possesion order? and a letter to the council direct asking for a total amount owed and offering instalments? any input appreciated. Im worryin about my two brothers. My mum is the kind of person who will just cave and let them in or pay up in full includin charges:mad:

 

What you've suggested is probably the best move. If you use the letter template I've done (back a page or two) for the Council letter and edit it accordingly. If the bailiffs are claiming for visits that you can prove they haven't done, (i.e. people were in the house at the time, and no letters were posted through the door,) then put that in the letter that they are claiming for visits that never happened.

 

In the letter to the Bailiffs tell them that you are liasing directly with the Council and that they are to pass the account back to the Council immediately without taking any further action. Also, as you've noted above, ask them for a breakdown of the charges and proofs, and tell them its because you believe that their figures are incorrect and you will be passing them to the council. If you are concerned that they will turn up soon, ring the Bailiffs office and tell them that you are talking with the Council directly and they need to pass the entire account back to the Council.

 

Ok I dont really know where to start so please bare with me as this is a complicted issue!

I have in the last week received 2 visits from 2 bailiffs from the same firm ( Rossendales ) About a council tax debt. This is where it becomes confusing I have been on income support for the last 3 years and claiming hosing benefit and council tax benefit .. Once the bailiffs had left ( I did not let them in either time) I called the local council and they informed me that I had cancelled my housing and council tax benefit claims a year ago! ( I obviously had done no such thing ) Luckily ( If you can call it that) My landlord had defaulted on his morgage a firm has taken over management of my rented property I found this out after bailiffs so no rental arrears exist as I only owe the money to the management company from the date they took over. Anyway back to the bailiff and council tax! The 2nd bailiff informed me that I need to pay the full outstanding amount (£750) By his return this Friday 18th or he will remove goods. From reading other posts I now understand that he is unable to enter the property to do so without my consent as he has never been inside my front door ( Does this still stand if he has been in the communal hallway for the building?? ) He was incredably rude and when I told him I was on income support he said thats a rubbish benefit and your still liable if you were on jobseekers things would of been different! I offered to make weekly payments which he declined and then left saying he would be back to collect payment. I phoned their office and they said that all they could help me with was clearing the debt in full otherwise I have to talk to the baillif. I phoned my local council and even with my explaination of circumstances they were 100% useless and said I would have to fill in forms and claim for back dated but they really doubted I would get it as I had left it so long (Even though as soon as made aware I contacted them ) They told me they had sent letters but seen as I have a shared letter box and dont get all my post they should of sent them to the address I gave as a care of addy at the start of my claim (Housing Benefit this is) Im now stuck waiting for forms to be sent to me and the bailiff returning in 5 days! Help! I dont have the money to pay this being on is and a single mum to a 3 yr old help! Even if it means paying it in installments Ill be willing just to get them off my back

:(

 

Access to the public foyer - Yes they are allowed access to that as its a public area.....note PUBLIC. It is NOT a part of YOUR property, so they can stand in the public foyer as long as they want (although tbh if they do ring the Police and have them arrested for loitering and intimidating behaviour) but they have still not been in your property. :)

 

Income Support VS Jobseekers......hmm funny the Bailiff should say that as from my experience Income Support is given to those that are in a far worse state than those on Jobseekers so his comment is utter rubbish and he's just trying to scare you.

 

Council - Yes sadly they are generally useless. My father works in Local Government at a Management level and he can't believe some of the muppets and jobsworths employed in Local Government. However they are also sadly the people you must speak to to sort this out. All I can suggest is be thorough, and follow everything through. If you find yourself going in circles ask to speak to the manager, and if the problem still persists just keep escalating higher until you get someone competent who can help or at least apply pressure lower down.

 

Best thing to do is the same as for Zarah, write a letter to the Council making an offer of payment on a weekly/monthly basis using the template form written by me a few pages back on this thread. Edit it to reflect your particular circumstances and send it off to the Council. Keep it polite and professional.

 

Then send a letter to the Bailiffs....which you can approach it one of two ways.

 

1. Just send basic letter telling them to pass the account back to the Council as you are liasing with them directly.

2. Same as above but put in a formal complaint about the Bailiffs actions and comments (you will want to put the same complaint in to the Council letter.)

 

Note

If you have any problems finding the template or filling it in, let me know and I'll do you a letter based off of it.

 

Create your own threads on this forums sub-section and send me a PM with the link

 

:)

__________________

Capital One - Took them to court and they settled for the full £998

Aqua - Threatened legal action, they refunded the whole £424

Barclaycard - Threatened legal action, they refunded the whole £636

RBS/Universa - 1st letter sent, settled for £132

Virgin Media - 1st Judge great....second Judge couldn't even be bothered to read the case details

Link to post
Share on other sites

Need Urgent Help ASAP!

 

Bristow & Sutor just come knocking on my door! i opened my bedroom window and the rude b**tch demanded i come down stairs and answer! she asked me if i was MRx I lied and said no im Mr Jones she then asked me for ID so i said you are not a police constable and i dont have to provide you with ID

 

I remember reading on here that there is a trespass notice for bailiffs on this forum can someone please provide me with the link to it and what i should do now?

Link to post
Share on other sites

I think this is another reference to the same

 

Local Government Finance Act 1992 (c. 14)

SCHEDULE 4 Enforcement: England and Wales

 

Termination of proceedings

 

 

17 (1) Regulations under paragraph 1(1) above may provide that in a case where—

(a) proceedings under the regulations have been taken as regards the recovery of any sum mentioned in paragraph 1(1) above; and

(b) the outstanding amount is paid or tendered to the authority to which it is payable;

the authority shall accept the amount, no further steps shall be taken as regards its recovery, and any person committed to prison in pursuance of the proceedings shall be released.

(2) The outstanding amount is an amount equal to the sum concerned or to so much of it as remains outstanding (as the case may be).

(3) In a case where costs and charges are relevant the outstanding amount shall be treated as augmented by a sum (of a prescribed amount or an amount determined in accordance with prescribed rules) in respect of costs and charges incurred in the proceedings up to the time of payment or tender.

 

Sorry I found after posting that you referred to this in a previous post but I didn't find the Council Tax Regulations.

 

 

Does this still apply if you make payments by installments and not in one lump sum? Are they obliged to accept it? ALso, anyone know of any legislation where if you are on benefits they have to refer it back to the council? Thanks

Link to post
Share on other sites

tmx welcome could you please start your own thread

click on this link Bailiffs and Sheriff Officers it will take you to a new page

near bottom of page on left new thread

 

 

I remember reading on here that there is a trespass notice for bailiffs

there is no trespass for bailiffs unfortunately

 

is your car on finance (HP)

Link to post
Share on other sites

ALso, anyone know of any legislation where if you are on benefits they have to refer it back to the council? Thanks

 

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

Link to post
Share on other sites

style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 3930 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Guest
This topic is now closed to further replies.
 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...