Council Tax and Bailiffs ref only - NO POSTS ALLOWED

[honeysuckle weeks]

hi witches

just to let you know i had a phone call from the baliffs last week, said they were calling round later that day to take items away, they did not turn up.

now ive received a letter from them saying i could face imprisoment.

[honeysuckle weeks]

i was awarded housing benefit, which was great helped me out so much, now i've received a letter from the council saying i've been overpaid, so now i owe them more money...should i be liable to pay back, as it's their mistake.

[Joanna K]

Hi, i wonder if anyone can offer me some advice please? Last Tuesday I came home to find a letter from Rossendales with regard to my Council Tax debt, stating that if i paid £150 initially, i could pay by instalments, etc. I rang the bailiff and explained that I was willing to give him a cheque that day for the £150 and arrange to pay by installments but that I didnt wan him to enter my house that day as my two children (aged 10 and 14) would be at home, one of them is autistic and i didn't want them tobe present when he visited. I suggested he come the next day or on Saturday to give me an opportunity to arrange for my mum to look after them. However, he insisted that he could not come any other day as he would not be in the area. Reluctantly, I agreed, as he said it would only take 5 minutes and asked me to prepare a list of 7 items from the house, saying i should put down my settee, television, dvd player, etc, to which i agreed.

 

He came later that evening and said that he hadn't realised (??) that there were actually two cases (i owe app. £300 for council tax for 2007/2008 and app. £700 for 2009/2010), therefore he would have to fill in 2 sets of paperwork. He wrote down the 7 items on my list on one form and then asked for more items for the second form. He wrote, amongst other things, my table and chairs and microwave.

 

I was absolutely terrified and ashamed and did not want my children to hear anything as they were in the other room so i just signed all the paperwork and gave him a cheque for £150.

 

I have since looked at the paperwork in detail and was horrified to discover that he made two separate sets of charges (2 x first visit, 2 x second visit, 2 x levy fee and 2 x walking posession) even though he did not have to make separate visits to deal with both cases, both for Council Tax, which he claims he thought was one case and so did i to be honest. Is this lawful???

 

Also, having read some posts on this forum, would i be correct in thinking that he should not have levied my settee, table and chairs, microwave, coffee table, etc as these are items which we need to sit on, etc??

i don't know what to do next. Should i send Rossendales a subject access request letter regarding the double fees? If so, what happens next?? Or should i phone them?

 

Can anyone with some experience or legal knowledge please advise me? Thank you.

[honeysuckle weeks]

Hi, i wonder if anyone can offer me some advice please? Last Tuesday I came home to find a letter from Rossendales with regard to my Council Tax debt, stating that if i paid £150 initially, i could pay by instalments, etc. I rang the bailiff and explained that I was willing to give him a cheque that day for the £150 and arrange to pay by installments but that I didnt wan him to enter my house that day as my two children (aged 10 and 14) would be at home, one of them is autistic and i didn't want them tobe present when he visited. I suggested he come the next day or on Saturday to give me an opportunity to arrange for my mum to look after them. However, he insisted that he could not come any other day as he would not be in the area. Reluctantly, I agreed, as he said it would only take 5 minutes and asked me to prepare a list of 7 items from the house, saying i should put down my settee, television, dvd player, etc, to which i agreed.

 

He came later that evening and said that he hadn't realised (??) that there were actually two cases (i owe app. £300 for council tax for 2007/2008 and app. £700 for 2009/2010), therefore he would have to fill in 2 sets of paperwork. He wrote down the 7 items on my list on one form and then asked for more items for the second form. He wrote, amongst other things, my table and chairs and microwave.

 

I was absolutely terrified and ashamed and did not want my children to hear anything as they were in the other room so i just signed all the paperwork and gave him a cheque for £150.

 

I have since looked at the paperwork in detail and was horrified to discover that he made two separate sets of charges (2 x first visit, 2 x second visit, 2 x levy fee and 2 x walking posession) even though he did not have to make separate visits to deal with both cases, both for Council Tax, which he claims he thought was one case and so did i to be honest. Is this lawful???

 

Also, having read some posts on this forum, would i be correct in thinking that he should not have levied my settee, table and chairs, microwave, coffee table, etc as these are items which we need to sit on, etc??

i don't know what to do next. Should i send Rossendales a subject access request letter regarding the double fees? If so, what happens next?? Or should i phone them?

 

Can anyone with some experience or legal knowledge please advise me? Thank you.

 

I sent Rossendales letters, which they ignored...

and still demanded money in the region of around £3,000.

how on earth do they think anyone can pay this amount of money, i suppose they will be happy when we are on the streets with no food.

im going to the council this week..to try and sort out my above..

but you should NEVER let these bullies into your home..

You could contact CAB but im sure one of the witches here, will give you some advice.,

Dont be intimidated by these Rossendales.

[hallowitch]

Hi, i wonder if anyone can offer me some advice please? Last Tuesday I came home to find a letter from Rossendales with regard to my Council Tax debt, stating that if i paid £150 initially, i could pay by instalments, etc. I rang the bailiff and explained that I was willing to give him a cheque that day for the £150 and arrange to pay by instalments but that I didn't wan him to enter my house that day as my two children (aged 10 and 14) would be at home, one of them is autistic and i didn't want them tobe present when he visited. I suggested he come the next day or on Saturday to give me an opportunity to arrange for my mum to look after them. However, he insisted that he could not come any other day as he would not be in the area. Reluctantly, I agreed, as he said it would only take 5 minutes and asked me to prepare a list of 7 items from the house, saying i should put down my settee, television, dvd player, etc, to which i agreed.

 

He came later that evening and said that he hadn't realised (??) that there were actually two cases (i owe app. £300 for council tax for 2007/2008 and app. £700 for 2009/2010), therefore he would have to fill in 2 sets of paperwork. He wrote down the 7 items on my list on one form and then asked for more items for the second form. He wrote, among st other things, my table and chairs and microwave.

 

I was absolutely terrified and ashamed and did not want my children to hear anything as they were in the other room so i just signed all the paperwork and gave him a cheque for £150.

 

I have since looked at the paperwork in detail and was horrified to discover that he made two separate sets of charges (2 x first visit, 2 x second visit, 2 x levy fee and 2 x walking possession) even though he did not have to make separate visits to deal with both cases, both for Council Tax, which he claims he thought was one case and so did i to be honest. Is this lawful???

 

Also, having read some posts on this forum, would i be correct in thinking that he should not have levied my settee, table and chairs, microwave, coffee table, etc as these are items which we need to sit on, etc??

i don't know what to do next. Should i send Rossendales a subject access request letter regarding the double fees? If so, what happens next?? Or should i phone them?

 

Can anyone with some experience or legal knowledge please advise me? Thank you.

 

 

 

1) the bailiff should have sent this debt back to the council as you have a child thats falls under The national standards for enforcement agents vulnerably person situation

2) i presume that the settee ,chairs are the the only seating you have in your home they should not be subject to a levy they are exempt goods(can you list all the goods on both Levy's )

3) you have been over charged with your fees a bailiff cant charge multiple fees when enforcing more than 1 liability order

 

please start your own thread and we will all help you with this Bailiffs and Sheriff Officers click on this link it will take you to a new page near bottom on left you will see new thread

Edited November 16, 2009 by hallowitch

[loadsofdebt]

Hi, Im looking for a bit of advice anyone thanx.

Got in from work today to find a 'Charge for Payment of Money' letter had been put through my letterbox from Scott n Co sherrif officers in Glasgow for arrears of council tax stretching back for past 7 years to the sum of £8000. This is to be paid in full within 14days or i can face arrestment, arrestment of earnings and the attachment and auction of articles belonging to me. My girlfriend recieved exact same letter.We have made a few payments over the years to council tax and now its coming to a head.We live in a rented property to a private landlord and we dont recieve benefits as we both work tho my partner gets some working tax credits, we also have three children.Im starting to panic as its nearly xmas and i havnt been able to sleep tonight and thats why im posting this at nearly 4 in the morning.Can sherriff officers break down my door?What is the likely outcome of this and what can i do? any advice will be gratefully recieved.

[honeysuckle weeks]

Hi, Im looking for a bit of advice anyone thanx.

Got in from work today to find a 'Charge for Payment of Money' letter had been put through my letterbox from Scott n Co sherrif officers in Glasgow for arrears of council tax stretching back for past 7 years to the sum of £8000. This is to be paid in full within 14days or i can face arrestment, arrestment of earnings and the attachment and auction of articles belonging to me. My girlfriend recieved exact same letter.We have made a few payments over the years to council tax and now its coming to a head.We live in a rented property to a private landlord and we dont recieve benefits as we both work tho my partner gets some working tax credits, we also have three children.Im starting to panic as its nearly xmas and i havnt been able to sleep tonight and thats why im posting this at nearly 4 in the morning.Can sherriff officers break down my door?What is the likely outcome of this and what can i do? any advice will be gratefully recieved.

 

£8,000 where do they think people are going to get this money from...I really wish i could take these councils on...they are a law unto themselves..and especially these baliffs..

Ive been threatened with arrest...what would happened if they put us in prison..no monies paid!

All i can say is, pay what you can afford each week to the Council...not the baliffs. if you are paying something, i feel you are making a contribution..

I cant understand how the council have let this debt linger for years, and in this recession how do they think people can pay such huge amoiunts, its about time the law was changed.

speak with your council office and see what they have to say in making an arrangment on pay this outstanding debt.

[sicktodeathofthem]

I'm being hassled by bailiffs in connection with about £900 council tax (Bromley council). I was later than usual in setting up my standing order mandate to pay this as I was in hospital for nearly 4 months until June. They'd sent the matter to court on 3rd July. With great difficulty I turned up. I was prevented from seeing the magistrate in person. A ctax officer said he would set up an arrangement for me to pay £100 a month which I agreed to. He said he'd send the a letter confirming this. Nothing happened and 2 weeks later I got a letter from Bromley threatening bailiffs as "I'd" broken the agreement! I went to the ctax offices and sat down with another officer and completed a S/O form agreeing to the £100 a month starting August. AGAIN, nothing happened and I got another threatening letter, because "I'd" broken the agreement (obviously the council, who had the form, hadn't bothered to send it to my bank). I tried a THIRD time to set up an S/O but an unpleasant ctax officer said that as "I'd" broken the agreement he would not allow me to set up another S/O to start in September until I'd paid the £100 for August. I said I could not now do this but would up the payments to £110 every 4 weeks (to coincide with my Disability Living Allowance going in to my account) - but he refused this offer! Instead he said that the bailiffs would now be coming round to collect the money.

Notwithstanding this, I went to my bank and set up a S/O (£100 every 4 weeks) and so far there have been 3 payments made on 28 Sept, 20 Oct and 17 Nov - all direct to the council. None of these payments have been returned to me so I assume Bromley have accepted this arrangement. At last I thought it was now settled. However, I got a letter, dated 5th November, shove through my door from Phoenix bailiffs threatening me with their "Enforcement Team" to remove my goods unless I pay them (the bailiffs) the full outstanding debt which has mysteriously crept up from £600 (£900 less the £300 recently paid)to over £1,100! From a link on this site to HMCS, I checked the bailffs name - Martin Farquarson - and found that his baillif certificate expired 26/10/09 (his letter was dated 5th November)

 

I'm really not sure what to do now. I've been taking the view that as I'm continuing to pay - direct to Bromley council - the £100 per month, it should be OK. I have not spoken to the bailiff or the bailiffs company but I recently got an (unsigned) letter from Phoenix demanding money with menaces and threats of "substantial additional costs" etc unless I pay them £1,100 within 7 days (ie this Monday) and I do find this frightening as I would if I was threatened by any gang of thugs; who wouldn't?

What I've found quite disturbing reading some of other peoples experiences is that the police - far from being any assistance to us members of the public - actually seem to collude with the thugs!

 

Can anyone please - urgently - get back to me and let me know what they think is my best course of action now. In particular, what should I do/say when these bullies are actually standing at my door?

[hallowitch]

if/when the bailiff turns up do nothing

do not answer your door to him keep it locked they can enter through an unlocked door or open window

 

do not leave your car on your drive or in your street

do not leave anything in your garden nothing not even an old spade

garages greenhouses and sheds should be kept locked at all times

 

as long as the bailiff doesn't get a levy you should be OK

the link is not 100% accurate (thats the government for you) phone

Ministry of Justice Public Register of Bailiffs on 020 3334 6355 to confirm if he is still certificated to the company he is collecting for (remove his name from your post please bailiffs do read these forms)

 

the fees he is trying to charge you are wrong

1st visit fee 24.50 if no levy

2nd visit fee £18 if no levy

this is the most a bailiff can charge if the have not levied on goods in your home or a car

the important thing to remember as long as the bailiff has no levy he has no power and there is nothing he can do

i would also go and see your MP its what he gets paid for

[sicktodeathofthem]

Thanks hallowitch, I'll do as you suggest.

 

You mention "unless he gets a levy" - what does that mean? On what grounds do they get this levy - does this mean that they can gain access to your property - eg change the locks etc?

[hallowitch]

levy

this is when the bailiff through peaceful means enters a home (garage garden shed greenhouse )through an open or unlocked door or open window or is invited in by an adult member of a family he then fills out a walking possession agreement he lists goods he has now levied

the goods are not removed at this time but now belong to the bailiff (you have to pay a fee to the bailiff for this) if payments are not made to the bailiff he will add a van fee if the debt is not paid the bailiff can re-enter a property with a locksmith remove the goods levied and sell them at auction to pay the debt

 

this is why it is important not to let this happen so if you have a car that is not on HP or finance(do you own a car on HP OR finance) you must at all times make sure that it is kept well away from your house a vehicle is an easy levy bailiffs can do DVLA checks to confirm who owns a vehicle

 

the bailiff cant get a locksmith or the police to gain entry to your home he has no legal right to enter your home unless he has previously been in before and levied goods

[sicktodeathofthem]

Thanks again hallowitch, that's put my mind to rest a bit more. I do own a battered old car (for which I'd be lucky to get as much as £150!). I live on a main road so have to park it down my nearest side street. If the nosy

*&^%$£ers had my reg. number and looked along that street I guess they'd be able to locate it quite easily. The problem is I haven't been able to drive it since I came out of hospital recently, otherwise I'd move it further away.

I don't suppose the fact that I have a disabled badge clearly displayed on the dashboard would make any difference to them thieving it? (probably not - just thought I'd ask anyway...)

[simon4amiee]

Dear Sir/Madam,

 

Re: XXXXXX

 

I understand East Riding of Yorkshire Council has appointed you to recover my Council Tax Liability arrears of £1373.30.

 

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 36 months with 35 months payments at £38.00 and the balance of £43.30 to be paid on the 36th 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 1st of each month, as an act of good faith I would be willing to set this up as of 1st December 2009. 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,

Simon Evans

cc. XXX Council

MP XXX

Office of Fair Trading

 

 

 

 

 

After sending this letter this was my reply today::mad:

 

Thankyou for your email.

I have read the attached letter and can see that you are offering £38 per month. I have done a calculation of the outstanding amont and the guideline tinme that the council require this debt to be paid off in and unfortunately i cannot accept any offer lower than £202 per month.

I have attached a statement of your account which details our fees and the original balance.

With regards to your query about the attatchment of earnings i can only suggest that you contact the council to clarify what this is for, if it is in relation to this debt and you are paying it off that way directly to the council they will inform us of this, but as i have no evidence of this on our system it would be best for you to contact them to find out. Im sorry that i could not accept your offer at this time, all i could advise is that you make the payments to us anyway as voluntarty payments which will reduce your balance and thus reducing the arrangement minimum we can accept.

Regards

Philips

 

 

:mad::mad:My wife has just had a tumour removed and as resting at home, and is very scared when bailiff keep persisting on knocking on the door, Ive tries to reasure her but while Im at work she is very vunerable please can anyone offer any sound advice.:-|:-|:-|

[hallowitch]

My wife has just had a tumour removed and as resting at home, and is very scared when bailiff keep persisting on knocking on the door, Ive tries to reassure her but while I'm at work she is very venerable please can anyone offer any sound advice

get in touch with the council & your MP (by letter &e-mail)

 

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
  

__________________

[Guest janensteve]

Question ?

 

A Bailliff turns up unnaounced, you refuse to let them in, the side gate is unlocked and they go through the gate and start to list the plant pot and say a garden ornament as goods to be removed.

 

Is that a Lawful Levy which gives rise to van fees and levy costs ?

[hallowitch]

if the goods levied have no value when sold at auction then i would say no

[honeysuckle weeks]

hello hallowitch..

i saw your advice about the baliffs can check up with DVLA on checking a vehicle, i never knew that. thank you.

I have written to my MP because the council awarded me housing benefit, now they say i have to pay it back, (not that they admit they made a mistake)...so now im deeper in debt to them...i dont know whether its worth writing an appeal to them...

it would seem the council offices need to get people that know what they are doing.

[granty25]

hi guys sorry to bother you all i sent the letter at the start of the thread to equita and my local council but had no reply from either and today an equita bailiff has hand posted another letter through my door, ive tried making contact with them but recieved nothing back. what now?

[echowitch]

Did you send it recorded mail ? Don't quote me on this but as I recall if you make an offer and they fail to respond but you can prove that they received the offer then you have dispensed with your responsibility to make an offer of payment. If they don't respond then they forfeit any right of complaint.

 

Obviously you sadly still have to pay Council Tax but you could potentially use that as an argument to get your council to respond.

[granty25]

i did send both recorded and both have signed for the delivery so what step do i take now?

[granty25]

?? sorry guys really needs some help

[hallowitch]

granty 25 sorry you have not had many replies to your problem

 

if you could start your own thread you will get more help

 

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

[granty25]

granty 25 sorry you have not had many replies to your problem

 

if you could start your own thread you will get more help

 

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

 

 

thanks alot have done

[honeysuckle weeks]

i would like to say,i have received a letter from my MP who is looking in this matter of council tax baliffs etc....will let you know the outcome...

[hallowitch]

i would like to say,i have received a letter from my MP who is looking in this matter of council tax bailiffs etc....will let you know the outcome...

 

 

well heres hoping he does something for you the way you have been muck around is appalling