Help please, Bailiff and council tax disaster

debttornado · 18 March 2009 at 6:14PM

I'm at the end of my teather and really don't know what to do. I have been trying to address my Council Tax debts, but another old bill has now arrived and I don't know what to do. I could cry.

We owe our current council about £1300- the threatened us with court and insisted that we clear the amount in 3 payments. We agreed to pay £250 and then two payments of £450.

Our old council had two amounts - £800 on a liability order and £1300. The £800 was with bailiffs, so we paid £500 to them and planned to pay £150 for the next 2 months to clear the liability order. Then we would start to tackle the other amount.

Now an older council tax demand letter has arrived looking for £600 and £1400 - it is with a bailiff company as well but this is the first we had heard recently. I had planned to get those who were in contact with us sorted first and then deal with the oldest one.

I don't know what to do. Everthing is falling apart and even now we are trying to sort things out we keep getting kicked in the teeth. To make matters worse, OH's pay this month will be much lower than usual as he will have no comission.

How can I deal with all of this? Can't afford to clear it at once or I would. Even worse the new council tax bill has arrived.

Please help any advise will be very gratefully received.

Merlinexcalibur · 18 March 2009 at 6:20PM

Everthing is falling apart and even now we are trying to sort things out we keep getting kicked in the teeth.

Yes, know that feeling all too well ... Till I learned to reciprocate when required to

I imagine you've tried one of the debt charities? Someone here will help, because I've never been behind with my CTX payments so wouldn't know where to begin.

debttornado · 18 March 2009 at 6:26PM

Hi Merlinexcalibur,

Yes I spoke to CCCS some time ago about debts and finances in general but they basically said we had to sort out the CTax first, so that is what I have been trying to do. Why is it that when you try to be responsible your whole world turns to carp!

To be honest I feel sick - I am thinking that perhaps a letter to all councils and bailiffs involved proposing an equal amount to each. I don't know if they would agree to that.

debttornado · 18 March 2009 at 6:30PM

Before anyone says it, I know I've been stupid, I know that CTax is a priority, but that ship has sailed. I really need some practical advice to get out of the XXXX.

RAS · 18 March 2009 at 6:40PM

Hi

Think you need to step back on this a bit.

Unless the bailiff has been in your house or levied on the car, he cannot take any goods from you.

So do not leave any doors or windows unlocked, ever. Do not leave the car near the house.

As long as you do this, he cannot levy on you, he cannot come in the house and he can only have what you have got.

That also means that he cannot charge more than £44 for the privelege of collecting the debt.

You also need to check that he is not charging you more than he is allowed. It is common for bailifs to add a £150 - 200 enforcement fee, which is illegal.

So you need to send a letter demanding a break down of all charges.

Then i am afraid, you are going to cook for the summer, but try to get both of them to accept a payment a month, which they will hate.

If they refuse to accept it, set up an account and pay it in so you have some money there whan they finally get the message.

I also suggest you talk to your local councillor if there are any infringement and you may be able to get hte debt back with the council and on monthly payments.

scaredy_cat · 18 March 2009 at 6:45PM

So, let me see if i have this right:

Debt No. 1 = £1300- in 3 payments- £250 and then two payments of £450.

Debt No.2 = £800 on a liability order and £1300. The £800 -paid £500 to bailiffs. To pay £150 for the next 2 months to clear the liability order. £1300 still to arrange payment plan.

Debt No.3 = £600 and £1400 - it is with a bailiff company - you had not been notifed of this out standing amout until now? How far back does this debt go? and why are there 2 amounts?

I think you should om Herbie21 with the bailiffs names as she can check if they are allowed to collect for the council involved.

It seems like you would be best to set up a direct debit with your council to make sure your current CT is paid so you don't fall further back.

RAS · 18 March 2009 at 6:50PM

Send the bailiffs name to Herbie21 and read this www.bailiffadviceonline.co.uk

Tell Herbie about the situation. She needs to now the name of the bailiffs involved.

And this is Herbie21's advice to another poster. She includes the e-mail for equita, but I do not know who you bailiffs are.

You need to WRITE to Equita or better still send an e-mail to:

[EMAIL="info@equita.co.uk"]info@equita.co.uk[/EMAIL]

You need to say something along the following lines.

I refer to the above account in relation to unpaid council tax due to xxxx

As you will be aware from your files this account has been assed to your bailiff Mr xxx to enforce.

The query that I have is concerning the amount that your bailiff is now stating is due. You will be aware that your bailiff visited my premises on xxx and for this visit I am advised that Mr xxx may only charge a fee of £24.50 for "attending to levy where no levy was made". I am further advised that it would appear that Mr xxx is attempting to charge me an "enforcement fee" which is NOT provided for in the statutory regulations unless a valid levy was first undertaken. No levy has been made on my goods and no documentation provided as proof.

As a matter of urgency can you please provide a full and detailed breakdown of the charges made by your bailiff.

debttornado · 18 March 2009 at 7:23PM

Hi,
Thanks for your replies. The two that arrived today, both with the same company, Rossendales, I knew we owed but we had not had any recent contact as it was for a few years ago (and 3 properties ago). The amounts are similar to the amount we owed the council - 2 different years of debt but not sure which. I don't think Rossendales have added extra onto the bill. Newlyns have reduced their fees to the statutory amount for 2 visits (but for both companies we only have a HO address and name as no one has ever called at the house).

I'm not disputing what we owe - I just don't know how to tackle it all. It is all too big and too scary so I don't know where to start to sort it out.

RAS · 18 March 2009 at 7:30PM

Can you speak to one of the debt charities http://www.moneysavingexpert.com/loans/debt-help-plan#help

You may find CAP more helpful than the telephone based charities with this problem.

debttornado · 19 March 2009 at 6:30AM

Thanks for all your help. I have written down all the details and the numbers for the debt charities. OH says he will deal with it as I'm getting too stressed about it.

Herbie21 · 19 March 2009 at 8:13AM

It is VITAL that you write to the bailiff co. The letter from RAS is very good . Always remember that if there is no car outside and you REFUSE to allow the bailiff into the house he will have to send the debt back to the council. HOWEVER, before he does this he will NORMALLY tell you that he will be arranging for you to be sent back to court so that you could be sent to PRISON.

PLEASE take NO NOTICE of this. This is the ultimate scar tactic that many companies....in particlar this one use if they cant collect a debt.

Stick to sending the letter as mentioned by RAS.

Help please, Bailiff and council tax disaster

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