Council Tax and Bailiffs ref only - NO POSTS ALLOWED

[marcus6]

Hi all, I phoned up my council today, to see about my CT outstanding from my old house, the guy on the phone said it would be best if i went to the CTO.

 

so before i set of, i get the CT letter that i just got + i take the letter i have from the... Rundle & Co Ltd (Bailiffs)

 

I sit down and the guy asks how can i help/you.....i start of by telling him about the Bailiffs letter i have from (Rundle & Co Ltd) i then tell him i moved out of the house over 6 months ago. i all so tell him im now on JSA , so he then starts taping on his PC and he then makes a phone/call........... when he gets of the phone he says theres not much we can do!! I then tell him i need there help with this as im on JSA, ((i said if you dont help me i will go home get on my PC come on this site, and get the letter of this site and send it to you with my offer))

 

so with me saying that,,, he says hold on!! he gos away for about 10 min, comes back and says i have some good & some not so good NEWS! whats the not so good news i ask, he says well your CT for that house is 998.00 BUT 500 has been passed onto (Rundle & Co Ltd) and the rest is still with the Council, so i ask whats the good news, and he says the bit that we still have we can take out of your JSA at the rate of 3.00 a week, i said yes thats ok to do. i then asked him about the 500 (Rundle & Co Ltd) have.........he said theres not much we can do about that as that is theres now! i said how/why!! i then said if i pay 10.00 off the 500 to you right now! can you then take back the debt? he said no.

 

Please guys i need your help abit more........what do i do next

 

the 3.00 a week the Council are going to take out of my JSA, should i just phone Rundle and tell them this, and hope they give the debt back to the council,

[uneverdid]

well surely if you left the house 6 months ago then you dont owe that amount. I had my debt passed to bailiffs and i dont see how the council has kept some and not all ive never heard of that. Put in writing that as you are now having 3.00 took off you in respect of this bill then you have deemed that the council have took the debt back.

 

Stick with it dont let the bailiffs bully yiou, keep copies of all letters and show them to the bailiffs if they come round. Please dont sign anything they give you though.

 

Good luck keep us posted

[setmefree]

contact the citizens advice first thing tomorrow and tell them exactly what the council have told you,your council can take back the debt from the bailiff at any time as they are responsible for the bailiff's actions.

Your council have accepted the fact that your are in a vunerable position by taking the minimum amount out of your job seekers allowance.

ask the citizens advice to contact the council on your behalf they love situations like this.

[marcus6]

well surely if you left the house 6 months ago then you dont owe that amount. I had my debt passed to bailiffs and i dont see how the council has kept some and not all ive never heard of that. Put in writing that as you are now having 3.00 took off you in respect of this bill then you have deemed that the council have took the debt back.

 

Stick with it dont let the bailiffs bully yiou, keep copies of all letters and show them to the bailiffs if they come round. Please dont sign anything they give you though.

 

Good luck keep us posted

 

contact the citizens advice first thing tomorrow and tell them exactly what the council have told you,your council can take back the debt from the bailiff at any time as they are responsible for the bailiff's actions.

Your council have accepted the fact that your are in a vunerable position by taking the minimum amount out of your job seekers allowance.

ask the citizens advice to contact the council on your behalf they love situations like this.

 

Thanks for all your help,

 

well when the guy told me that the bailiffs only had so much of the debt, i was like "how can they only have part of it and not all of it"

 

but when i told the guy what i was going to do if he did not help me there and then! thats when he went away and came back and said we can get JSA to stop 3.00 a week, to pay off the debt. like you say i will get a letter sent of to the bailiffs letting them know this is what the council are going to do, and take it from there.

 

Thank you so much to all that has helped me....

 

i will let you know how it gos..

[Markiemark1]

I am hoping for some help with a case today. I was called by a very dear friend who had a bailiff on the doorstep regarding her council tax. She has a number of cases with the same firm, and I spoke to the bailiff - he agreed to wait until I arrived before doing anything. Anyway, got there and paid him enough to keep him sweet on my debit card. Basically these were attendance fees (1st and 2nd) plus levy fee etc etc.

 

1st question. Before he went inside I paid the fee - daft I know as technically he hadn't levied at that point, but there we go! I should know better.

 

2nd question and the main one. He said to me that he was not certificated, although he is shortly before the DJ at a court to obtain one. On the back of the paperwork it says clearly (6) a distress may be levied anywher in England and Wales

(a) No distress under this Regulation may be made other than by a person who is authorisedto act as a bailiff by a general certificate granted under section 7 of the Law of Distress Amendment Act 1888.

 

I am now arguing with the Council that the Levy is void and technically the "bailiff" was trespassing as he was asked to leave and did not do so. Am I on the right grounds.

 

To be honest it's not the money thats the issue. I fully accept that my friend owes the money, but I'd rather grab the few quid and pop it onto her Council Tax bill rather then let them swallow it up in fees.

 

All help gratefully received.

 

Mark

[setmefree]

Did he sign anything for you,and if he did then yes you would have a case,otherwise they would try to bluff it and say that a different bailiff attended,and remember the council are responsible for his actions,perhaps you should remind them of this fact.

[setmefree]

Council Tax and Poll Tax are usually collected by private firms of bailiffs on behalf of your local council. They try to take your goods away and sell them, usually at auction, to raise money to pay the debt. The process they have to follow to say they want your goods is called 'distraining' or 'levying'.

From October 1998 bailiffs who call must be "certificated". This means they must have a certificate from the County Court allowing them to act as bailiffs. You can complain to the County Court about a certificated bailiff.

From April 1998 you should get a letter from the Council telling you how much you owe and warning you that a bailiff will call if you do not pay the debt within 14 days. It will also tell you who to contact at the council if you have a query. Contact the council and try to make an arrangement to pay what you can afford immediately. If the council agrees then they can stop bailiffs calling out and save you extra fees.

 

 

I hope this helps you out

Good Luck

[Markiemark1]

Well all sorted. Ten minutes after my call to the Head Office I had a call from their Bailiff Manager, and we agreed that all charges would be refunded, even charges incurred prior to yesterday's visit. In fact, I've suggested the refund be applied to the debt because I want to help my little friend out, but I am delighted at the response. I had not heard of many problems with this particular firm of bailiffs, and they have dealt with the complaint professionally and efficiently, and offered recompense more than I was seeking. Thanks for your help though setmefree.

[setmefree]

The pleasure is all mine Repoman;)

[loz_grain]

Hello, I have an issue that I need help in resolving.

 

Back in 2004 i began getting into arrears with the my council tax, soon after many letters, and me not paying the council sought a liability order, and passed the matter on to the bailiffs. I left that address, and at my new address they began taking the money directly from my Job Seekers Allowance, obviously the debt had been passed back to the council, This deduction mysteriously stopped, and as it was such a small amount, I was unaware. The next stage was for the bailiffs to turn up at my house!

 

Can Nottingham City Council again employ the bailiffs without notifying me of their intention to do so? I thought that they had to notify me, they say as they where already in posession of a liability orders from 2004 and 2005, and that they had already previously notified of earlier bailiff visits at my old address, they had no obligation to inform me.

 

thanks

[cockneyandy1955]

Ok, i thought i'd listen behind the sitting room door, to hear how he spoke and what his body language was like....

So my friend answered the door, stated that i had gone down to the council tax office and paid £100 off, he IMMEDIATLY said

"your lying, the council dont accept money once it's been passed to us, the baliffs, now let me in and we'll sort something out"

Of course, this is where i step in, his foot that was, again, between door and frame, so i promptly put abit weight behind the door with a little speed.....and he moved it, explained that's twice he's attempted to gain entry by force without a warrant, or police escort....then i stepped outside and shut the door, his whole attitude changed, aswell as his language towards me/her.... i asked what he'd feel like if i began to bully him ETC then got onto the real details....

 

I told him i'd just been down to the office and paid £100 cash to he cash desk (i did too) and he said the same as above "you didn't they can't..etc....". and grabbed his phone, "ok i'll call them" and he did, and they confirmed that i'd paid it, welll...that put him right in his place, i'd obviously called his bluff and won, now i had his tail between his legs, i told him to knock on the door all he wants, add all charges that he wants, but that i wasonly pyaing MY money to the council, and any charges he's made up....can be settled elsewhere/how.

he then asked to 'just write on my notepad' on the drawer set in the hall way, well i'd caught straight onto this "let me in ploy" and told him no before she had a chance to say ok.... he then said, look your the householder, you have to answer, she said no, and he walked away saying i'll be back wanting more money ETC.... i've again been down today and paid a further £100 to the council and had a word with the women behind the desk, gave her an outline of what my friends going through with post natal depression, lack of money and taking her down to benefits place, she said she'd consult her manager and see what she can do....

 

so now the baliffs will be coming o the door for a £250 debt.... i THINK it's cheaper for them to give this one up isit not?

 

any help again greatly appreciated as my backs starting to ache sleeping on her setee now lol

Cheers people

Geordie Aaron,

 

A total newcomer here but over the last few months I have been finding ourt a helluva lot about council tax and bailiffs actions - particularly Equita, but more of that later.

 

I strongly advise your friend to look at making a claim for an SMI, (severe mental impairment) exemption. A lot of people think to qualify for this they have to suffer long term mental impairment - not so! A letter from her GP will be required but I dont see that as a difficulty.

 

As an extra bonus to being totally exempt from council tax it is also unlawful for a bailiff to go after someone with an SMI exemption.

 

One more point, The exemption runs from when the GP states the ilness commenced, (is the baby's birth) so it will be backdated and she will get a full refund from that time.

 

Andy

[demon_x_slash]

That's some very valuable advice, Andy - could you tell us any more about SMI? To which part of the council would someone have to go, to apply for this?

[cockneyandy1955]

First off simply ring the council and ask, they must by law allow you to claim, (and btw whilst the claim is being investigated all recovery should be suspended).

 

To qualify for an SMI exemption the illness has to be of a type and intensity "to prevent the sufferer form carrying out a normal life" (my quotes, not law) but the principle is sound.

 

In nearly all cases a letter from the patients GP will suffice so really it comes down to persuading him/her that the illness exists.

[Bridezilla]

I hope someone can help me, i have just had a bailif from rossendales come ot my place of work!! Apparently I owe money for council tax from 2 years ago. The property in question is my ex-boyfriends, it was never my house. However he had my name on the council tax and never corrected them. He has defaulted on his payment and now they are chasing me. In 2005 I spoke with the council explaining that this was not my address and they agreed. Now they have told me before I even spoke to them they had issued a liability order and now I have to pay. Is there anything I can do? I know my ex is just trying to get at me as he told the bailiff he wont pay until I do - nevermind the fact he left me with £7000 worth of other debts. I'm also concerned if I pay this half they will chase me for the other half. Any advice will be appreciated?

[loz_grain]

Hello Bridezilla,

 

Firstly if you haven't done so already, you need to put your complaint into writing to the council finance department dealing with the debt, I would suggest you send this letter recorded. Then I would look into complaining to the council about the conduct of the bailiffs, as far as I am aware the Bailiffs have to treat your case in confidence (correct me if I am wrong anyone), which surely would include not coming to your place of work. If after writing to the finance department you feel that they have not dealt with the matter sufficiently, you should write to the head of the council and the local government ombudsman for your area - you can find it on the internet. Get in touch with your local Law/advice centre or Citizens advice beuraux who can help with all of this.

 

Good luck and keep us posted

 

Loz

[Bridezilla]

Thanks so much, I will do this first and see what happens.

[loz_grain]

also, in case you are not familiar with this, here is some guidance on what to do if the bailiffs come to your house.

 

Debt Basics - Bailiff Guide - know your rights

 

I would add that although it states that bailiffs are not allowed to push past you to gain entry, they have been known to do this, or to jam their foot in the door, so it is best to not answer the door at all. If you have children in the house and you are worried about one of them answering the door it is not illegal to remove goods of value from you house provided the bailiffs have not already been inside.

[mattmoouk]

Hey here's my interesting story

 

Bristow & Sutor

 

I had letters regarding 3 old council tax bills and yes i hold my hands up, it was entirely my fault and i accept that.

2 of the letters were from the council totalling £500 so i arranged payment with the council at £75 a month DD and thats that sorted.

 

The last letter was from B & S totalling £433 i had asked them to match the council's offer of £75 as that would really be pushing my monthly budget especially with a baby on the way.

 

They replied that it was not acceptable and they wanted £220 this month and similar the next.

I told them this was not possible and eventually they sent a bailiff round.

I was out when he came but told him that i could not afford that and he asked me to call tomorrow and he would talk to the council.

I called but couldn't get hold of him and thought i would try again the next day as i had the day off.

 

Anyways, i called today and got hold of him and he told me he could accept £20 a week. Fantastic, i could manage that.

However, he said as i hadn't called him yesterday, he is no longer dealing with the case.

Well i just rang B & S and they went through my details and told me i have to pay £144 a month which is just not possible and whats more they want it by 11th.

 

What i would like to know is

a. Can B & S issue laibility orders as the council told me thats what they would do if i did not make an arrangement with them. I was under the impression that if they did not get in contact with me the bill would go back to the council.

b. What should i do?

c. If i avoid the bailiffs and pay the debt online (council tax online thing) is there anything the bailiffs can do about it.

 

I definatly want to pay this and get it over and done with but they are making it very difficult, i have looked at what i can sell to get the money but i don't have anything of any value that could get me out of this problem.

I can pay the debt back but just not on the terms they have offered

Please help!!

Thanks

Matt

[uneverdid]

Hi,

 

I was in a similar situation and B & S tried to get me to sign a walk in possession order which i refused. In the end i offered £50 a month which again they refused so i rang the head person at my local council and explained that i had offered to pay but was refused they rang B & S for me and told them to accept my offer which they had to do. So i am currently paying this amount with no further action being taken. Do not let them bully you with their scare tactics.

 

Let us know how you get on

[mattmoouk]

Yeah i rang the council and told them the situation and they refused to do anything.

 

Do you know the actual title of the head person? so i know who to ask for.

Thanks

Matt

[uneverdid]

Sorry I just asked for the person in charge of council tax arrears. I am referring to Nottingham city council not sure where your council is. Wish i could be of further help. I am sure someone else will be along soon with some more advice.

[Guest Herbie]

MATTMOOUK

 

Firstly, Bristowe & Sutor, or any other bailiff company for that matter DO NOT issue the Liability Order. This is arranged by the Local Authority. You must by law receive a written letter from the LA giving you 14 days notice.

 

Sometimes you will find that the bailiff is in agreement to monthly repayments and other times ...like this one, will not agree unless a large monthly payment is made.

 

There are many people who would advise paying the local authority direct, but a word of caution. Many local authorities will instead accept the payment and not until such time as you receive a statment from them will you discover that the payment has been credited to the current years council tax bill.

 

The bailiff has visited you once. For this he is entitled, again by law, to what is called a first visit fee. This is £24.50.

 

i would be inclined to write to them....always put things in writing if possible.......and outline your payment proposal.Inform them that that you are aware of your rights and that they can only charge you so far £24.50.

 

Personally, if you are able, (and i know it is difficult)to raise your repayment offer from £80 per month (ie: £20 per week) to £100 per month, I would be very surprised indeed if they refused. Another point worth making here is that it is worth including with your letter, a first payment of the amout as a gesture of goodwill.

 

Try to ensure that there are sufficient funds in your bank when you pay or your could find yourself paying "bounced cheque" fees etc.

 

Finally, make sure that you put your offer in writing and make it clear to the bailiffs that you are copying the letter to the Head of Revenues & Benefits. ( Bailiff's companies are very protective of their contracts, and do not like being reported to the Local Authority)

 

Good Luck, and please do let us know.

[loz_grain]

Matmouk

 

If you don't let the bailiff in you house, after a while (usually 3 visits) they refer the matter back to the council, you can then arrange payment of arrears with the council at a reaonable rate. are you in reciept of any benefits? - this can make a difference to the amount you pay back per week/month.

 

good luck

[whatamuppet]

Matmouk

 

If you don't let the bailiff in you house, after a while (usually 3 visits) they refer the matter back to the council, you can then arrange payment of arrears with the council at a reaonable rate. are you in reciept of any benefits? - this can make a difference to the amount you pay back per week/month.

 

If you the case is referred back to the council the bailiffs are entitled (depending on what is stipulated in the contract) to bill the council for their costs and inturn the council will bill you. if they cannot recover the costs from the council they will proceed with the action against you in order to cover their expenses.

[loz_grain]

If you the case is referred back to the council the bailiffs are entitled (depending on what is stipulated in the contract) to bill the council for their costs and inturn the council will bill you. if they cannot recover the costs from the council they will proceed with the action against you in order to cover their expenses.

 

I had nottingham city council employ 2 different bailiffs over my unpaid council tax over a period of 1 1/2 years both bailiffs billed the council and recovered their costs from them.

 

I wonder if this varies depending on the council for your area.