Bailiffs and Council Tax Problems

[ohdearwhatshallido]

I'm behind with my council tax for years 2005/2006 and 2006/2007. The 2005/2006 is with Equita, and the recent year is still at this point with the council.

 

I have been trying to make a payment proposal plan with Equita but they will only stop the Bailiffs if I make a full payment which obviously I can not afford. I have been receiving letters sometimes two sent on the same day from equita, and they just seem like garbage.

 

Equita send a removal notice threatening to send a van around to collect goods then they sent me a Notice Prior to Committal to Prison then another 12 removal notices, then the heading changed to a removal order, then back to removal notice, then a formal notice, another formal notice and then recommending committal to prison. I'm sure there were a few more along the lines which I destroyed in dispair and mental state. They blatently refuse to accept any offer.

 

Today I visited my council offices with some cash in hand as after I spoke to somebody over the phone at the Council Tax Offices I was advise that I could request for the Council to take the case back from the Bailiffs. They council today said this was not possible unless it was an error which of course it isn't as I do owe them the money. The council lady told me I would need to negotiate with the bailiff's only about that portion of the debt, however she could give me a form to fill in for consideration of time to pay on the council's portion of for the recent year's debt.

 

I'm so confused, i'd heard of people being successful in getting the council to taking the debt back, but I don't seem lucky. Some of the notices from Equita state that they have identified goods but they have never even been into my home or left a card if they have made a visit.

 

Could somebody please advise what to do next?

[tiglet]

Ok, you firstly need to write a letter to Equita, copying in the council. Provide an income/expenbditure breakdown and show what you can honestly afford to pay.

 

In the letter, ask for a breakdown of fees and state the account is in dispute until you receive this.

 

Enclose a cheque for the first weeks/months money (depending on how you intend to pay).

 

They cannot refuse to take a payment and if they continue to harrass you for the full amount, complain again to the council. if no joy, complain to the local government ombudsman and the court who the bailiffs report to.

 

Keep everything in writing and keep copies of everything too.

[MARTIN3030]

Yes agreed.

Much of what has been said to you is Rubbish.....only a Magistrate or a Judge can impose a prison sentence and that only happens if you refuse point blank to pay or are wilfully withholding payments.

Usually councils will only go back to arrangements once the file is returned as uncollected by the baliffs and this,as most will know can take a long time.

Try the course as outlined above.If you have no response then remember to keep windows and doors closed and move anything of value from your yard or garden.

There is lots of help here should you need further questions answering.

[roadrunner]

Gosh, sorry I can't offer you any advice , seems like Tiglet and Martin know what they're talking about, just wanted to wish you good luck with it anyway

X

[tiglet]

I only know because it's happened to me - don't worry, if you really want to pay and aren't hiding from it, they really are limited as to what they can do if you are showing willing.

[mh1234]

Obviously they are going to charge for every letter they send? and if they are sending two letters a day they are oviously doing this to stump up the fees they charge.

[tiglet]

They can't charge for every letter they send - only for the first two visits, then if they levy goods etc. look at the Baliff watchdog's website or National debtline website - they show you what they can charge for what visit.

 

That's why you need a full breakdown - they may ahve charged for visits not made.

[ohdearwhatshallido]

Thank you for your help, i'll let you know how I get on.

[Guest Herbie]

This situation is a disgrace, in partcular when we have the threat of increased bailiff powers under the Tribunals Courts & Enforcement Bill.....please ensure you all sign the petition.........

 

Concerning Equita..

 

First point: believe it or not, bailiffs (at present) have very little powers....but they hope that you don't know this.

 

Attending with a removal team is a threat....there is clear Statutory Legislation concerning what the bailiff can and can't do, and what they can and can't charge.

 

The only reason for them to be attending with a removals vehicle is to remove goods.......but he would need to have entered your premises first in order to levy on goods...and of course, in doing so, obtained your signature on a Walking Possesion form, which I assume from your post has never happened.

 

The bailiff has no authority whatsoever concerning committal to prison and he is speaking complete and utter nonsense. This decision can only be taken by Magistrates...not bailiffs !!! The Magistrates would need to explore all other alternatives first, and only after doing so, they must be satisfied that non payment was due to "Culpable and Wilful Neglect". This has been further highlighted in the past year by a case in the European Court for Human Rights !!!

 

For the bailiff to say that he has identified goods by looking through a window etc.....again, this is nonsense, and there is clear documented Case Law on this matter also.

 

I would suggest writing an immediate letter to the bailiff company to complain and asking for a complete breakdown of all their charges at the same time. Please remember that the bailiff is merely acting as an agent for the local authority and therefore you must ensure that a copy of your letter is sent to them also.

 

 

Once a debt has been passed to the bailiffs, they will be reluctant to return it back to the local authority unless they were certain that there was very little chance of collecting the debt. In your letter to the bailiff company you may wish to offer them monthly or weekly payments to clear the debt. Inform them that you will be refusing entry into your home. Any repayment offer by you should be affordable. If the bailiff agrees to your proposal , but insists on coming to your home to levy on goods first....refuse.

[ohdearwhatshallido]

They have accepted our offer of monthly payments and they also got pressure from the council to be more agreeable as I sent a letter of complaint to the council telling them that they were requesting full payment.

[The Watcher]

They have accepted our offer of monthly payments and they also got pressure from the council to be more agreeable as I sent a letter of complaint to the council telling them that they were requesting full payment.

 

Well done.

Just shows that you have to insist on your rights and refuse to be bullied.

[tiglet]

It's amazing how quickly they back off if the council start getting complaints - they obviously don't want to lose their lucrative jobs.

 

Is anyone else getting update emails to say someone has posted to a subscribed thread? I don't seem to be getting any today.

[royzor]

I'm behind with my council tax for years 2005/2006 and 2006/2007. The 2005/2006 is with Equita, and the recent year is still at this point with the council.

 

I have been trying to make a payment proposal plan with Equita but they will only stop the Bailiffs if I make a full payment which obviously I can not afford. I have been receiving letters sometimes two sent on the same day from equita, and they just seem like garbage.

 

Equita send a removal notice threatening to send a van around to collect goods then they sent me a Notice Prior to Committal to Prison then another 12 removal notices, then the heading changed to a removal order, then back to removal notice, then a formal notice, another formal notice and then recommending committal to prison. I'm sure there were a few more along the lines which I destroyed in dispair and mental state. They blatently refuse to accept any offer.

 

Today I visited my council offices with some cash in hand as after I spoke to somebody over the phone at the Council Tax Offices I was advise that I could request for the Council to take the case back from the Bailiffs. They council today said this was not possible unless it was an error which of course it isn't as I do owe them the money. The council lady told me I would need to negotiate with the bailiff's only about that portion of the debt, however she could give me a form to fill in for consideration of time to pay on the council's portion of for the recent year's debt.

 

I'm so confused, i'd heard of people being successful in getting the council to taking the debt back, but I don't seem lucky. Some of the notices from Equita state that they have identified goods but they have never even been into my home or left a card if they have made a visit.

 

Could somebody please advise what to do next?

 

Hi Ohdear

I am in the same predicament as you. I have been receiving letters with from Equita bailiffs with threats to removing my goods even though they have never been into my property and never will get in.

 

I had a visit from bailiffs last wk and my friend answered, they gave her a letter to pass onto me which was the amount owed for council tax plus costs of over £500. We managed to get hold of the money to pay the full council tax balance.

 

I rang the council and asked would they accept the payment for the full amount outstanding on my account £2700, They accepted until i stupidly asked question about bailiffs at which he replied that he was unaware that the debt was with the bailiffs and would be unable to take payment as i would have to go through bailiffs.

 

I explained that they had already accepted 2 £50.00 payments from me a few wks earlier but he would not change his mind. I have written a letter to the council requesting they get the debt back off the bailiffs and accept my payment in full. They have yet to reply.

 

I am so annoyed that i have offered to pay the balance in full and they have refused to accept it. I am not under any circumstances paying the bailiff charges so i am waiting for the councils response and if i am not satisfied with the reply i shall write to my M.P.

 

Roz

[The Watcher]

I rang the council and asked would they accept the payment for the full amount outstanding on my account £2700, They accepted until i stupidly asked question about bailiffs at which he replied that he was unaware that the debt was with the bailiffs and would be unable to take payment as i would have to go through bailiffs.

 

I explained that they had already accepted 2 £50.00 payments from me a few wks earlier but he would not change his mind. I have written a letter to the council requesting they get the debt back off the bailiffs and accept my payment in full. They have yet to reply.

 

Why not ring the Council (not the Dept you are dealing with) and ask for their bank sort code and account number - then simply pay it in !

 

You may find someone helpful who will simply give you the details?

 

Then - send a photocopy of the paying in slip to the relevant department and ask them to confirm that you are paid in full.

[Guest Herbie]

As this debt is a large one, Equita would have liked to have gained access to your property as their fee could have been susbstantial.

 

I would pay this money to the local authority ASAP. I would then write to Equita to say that under Statutory Regulations you will pay to them the fee that is legally due....that is £22.50 First Visit Fee. I would send the letter to them and inform them that you have paid the debt direct to the local authority as you are concerned that the company are attempting to charge fees of £500 when all that they have done is made a first visit. They have not been into your property and they therefore have not levied on goods. I would say also in the letter that the £22.50, which you should enclose, is in full and final settlement.

 

Mention also that if this is not accepted, then you will be seeking a "full and detailed " breakdown of all of their charges using a Subject Access Request, which you will use either: for detailed assessment or as the basis of complaint against the company. Inform them that you are copying the letter to the local authority.

 

Remember to keep a copy of your letters.

 

Good Luck.

[Bailiffchaser]

I'm behind with my council tax for years 2005/2006 and 2006/2007. The 2005/2006 is with Equita, and the recent year is still at this point with the council.

 

I have been trying to make a payment proposal plan with Equita but they will only stop the Bailiffs if I make a full payment which obviously I can not afford. I have been receiving letters sometimes two sent on the same day from equita, and they just seem like garbage.

 

Equita send a removal notice threatening to send a van around to collect goods then they sent me a Notice Prior to Committal to Prison then another 12 removal notices, then the heading changed to a removal order, then back to removal notice, then a formal notice, another formal notice and then recommending committal to prison. I'm sure there were a few more along the lines which I destroyed in dispair and mental state. They blatently refuse to accept any offer.

 

Today I visited my council offices with some cash in hand as after I spoke to somebody over the phone at the Council Tax Offices I was advise that I could request for the Council to take the case back from the Bailiffs. They council today said this was not possible unless it was an error which of course it isn't as I do owe them the money. The council lady told me I would need to negotiate with the bailiff's only about that portion of the debt, however she could give me a form to fill in for consideration of time to pay on the council's portion of for the recent year's debt.

 

I'm so confused, i'd heard of people being successful in getting the council to taking the debt back, but I don't seem lucky. Some of the notices from Equita state that they have identified goods but they have never even been into my home or left a card if they have made a visit.

 

Could somebody please advise what to do next?

 

Never ever tell the council that you are winning. you had the upper hand but anyway. If you want to pay direct to the council go to their cash offcice and pay there. Trust me if you do it this way they cant do a thing(council)