2 weeks from final payment and bailiffs arrive :(

[sb2675]

Hi there,

Please can I have some advice. Following on from a period of inconsistent work (therefore not able to claim assistance with council tax) I fell beind with my payments, however, since I have been receiving regular income I have been paying weekly to get the arrears paid up.

 

With just £195 left to pay which I could have done in two weeks, I returned home to find a letter today to say that a bailiff had been to my house.

 

In summary, it states to phone a mobile number immediately to discuss. It also says that the amount due is £279.20 including the fee of £22.50 for todays visit. However, if I pay te full amount when they next visit, the amount due will be £234.20.

 

What would you suggest I do from here?

 

I could just about pay the full amount by the end of the week (£195), which I could do online.

 

Do i just do that, or do I need to contact the bailiffs in question (Bristow & Sutor)?

 

I am nervous in dealing with them having read through the posts on here and would rather not (AND save £40 in the process!!).

 

Sorry to be a wuss! lol

[king100]

Who have you been dealing with in regards to the outstanding amount?

 

Was it the council?

 

Or the bailiff company?

 

Are you behind on your agreed payments?

 

If you have an arangement with the council or the baliff company and have paid and are up to date with the account then there should be no need for the bailiff to visit your house and charge more.

 

If you are in contact with the council pay the coucil direct, thus annoying the bailiff who took this as they cannot claim for payment that you made direct.

 

You could make the payment today online.

 

It has happened to myself I had an arangement to pay on the 31st of each month and settled on the 2nd payment.

 

Supposedly the bailiff came round my house on the 31st. The day i had until to make a payment and thus incurring other charges. I sent a cheque off to the bailiff in question which was cashed 5 days later. They then sent around another bailiff and tried to charge me an extra £300 when the account was actually closed.

 

After one written letter the account was closed. No further payment needed.

[Guest MizzPiggy]

Hi,

 

If the Bailiff has already visited the charge has been incurred. Even if you pay the council, the debt will still be owed for the fees and have to be paid.

 

I empathise with you and can understand it appears a little harsh and unfair, which I am sure if you contact the Bailiff, which is important, if you don't they will add more fees believing you to be avoiding the debt, and explain to the Bailiff, that you have the money, however you believed you only had to pay the £195 and need to pay the rest a week or so later, I am sure they will be reasonable.

 

If not, and the Bailiff will not accept this, then telephone the council, explain the situation that you tried to negotiate with the Bailiff under the circumstances and ask them to contact the Bailiff Company, allow you to pay the £195 and the Bailiff fees you will remedy - give them a time frame.

 

I think you are being more than reasonable, in offering the larger sum first and Bailiffs are not all unreasonable to deal with, neither are the councils if you show intent to pay.

[casbah]

Hi

 

Just need a little more info on this.

In july 07 my council wrote that they were taking me to court for 07/08 council tax. I arranged to pay by DD and they accepted this, made an extra payment of 100 pounds online, but still they went to court.

Changed payment method then got phone call from bailiff, told them I was dealing with council and only council. I only ever got phone calls and one letter from bailiff.

In January I cleared the debt, but just received a hand delivered letter from bailiff stating he is returning on thursday 6/3/08 with van. Rang bailiff and they told me 190.50 of this was fees. Rang council who told me money I had paid have gone to other years ( which have been paid and forgotten about).

I ahve not signed anything yet his letter tells me he "will remove goods even in my absence" etc with a final paragraph saying " THE BAILIFFS DECISION IS FINAL"

So can he turn up?

[robin9342]

SB. Pay the council in full and the Liability Order is satisfied and all enforcement action by the bailiff must stop. You will still owe the bailiff his fees, but they will have to attempt to chase you through the courts which is unlikely.

 

Casbah. This is the usual scare tactics by the bailiffs. If they have not previously gained peaceful entry to your home, they cannot force entry. Make sure you keep all windows and doors locked and do not open your door to the bailiff. I'm not sure from your post, but are you saying that you no longer owe the council any money? If you dont, then your Liability Order is satisfied and the bailiff can't do anything.

[casbah]

Hi Robin

 

Yes all the outstanding council tax has been paid ( it was for the 07/08 yr).

I am almost certain that I have overpaid, but the council do not keep their books very well and have allocated money elsewhere?

I can prove payments have been made as I paid by standing order.

[robin9342]

In which case, the Liability Order is ended and the bailiff can do nothing. His fees (which are probably wrong, £190 seems way too high) can no longer be enforced under the Liability Order and they would have to take you to court to try and prove you owe it, but its unlikely they would.

 

Write to the council, with proof of your standing order payments and insist that they provide you with your account details.

[casbah]

ok Thanks

 

I am sure the amount I paid included this enforcement fee

 

But I will contact the bailiff and ask for a breakdown of their fees

 

best wishes

 

Cas

[robin9342]

If you were paying the council direct, you would not have paid any bailiff fees but you may have paid a Liability Order fee, which I think is £70

[chris600uk]

I'd like to add this,

 

The Council Tax (Administration and Enforcement) Regulations 1992

Distress

45.—(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

So unless they can prove that you owe them a lawful fee and they must prove it, they aren't entitled to one solitary sous.

 

I'd send them a letter that looks something like this:

 

 

**** January 2008

 

Re: ********* Client reference *********

Please understand that I am fully aware of my rights and you will not

gain entry to my home under any circumstances to levy goods

I know the fees allowed under statute and when these fees can be applied.

 

Dear Sir/madam,

 

 

This account is in dispute because your charges are wrong; I expect NO FURTHER ACTION to be taken until this situation is resolved and I expect you to provide a full breakdown of costs, including what the fee consists of (showing appropriate receipts if applicable), when they visited, the name of the certified bailiff and the court at which he was certified.

 

If I do not receive the information that I have asked for within 14 days I will report the matter to both the court which issued the liability order and the local government ombudsman.

 

I have not refused to pay the Council Tax arrears.

I have not refused to pay reasonable fees that you are legally entitled to.

I am sending a copy of this letter to ******* Council

 

Yours faithfully,

 

email it to everyone, back it up with a hard copy by recorded delivery, and you will start to take control of the situation.

[tomtubby]

A letter MUST be sent immediately by e-mail and registered mail to say that you have received a letter and that this "purports" to be giving the impression that the bailiff is "attending to remove" items from your home. Remind them that at NO TIME has a bailiff entered your home, completed a Walking Possession or levied upon any goods. For this reason you require an immediate apology for this threatening letter and confirmation also that your account is clear.

 

Whilst writing, you should ask now ask for a full and detailed breakdown of the fees and charges that have been applied to your account as you believe that you have overpaid your account.