EMERGENCY!! bailiffs, c.tax, no idea! Scots law

wordsfan · 23 August 2007 at 9:26AM

Hi everyone

Can anyone please please help?!!:eek:

1 of my debts is for council tax that my old council is claiming from me for my old home in England. Yesterday I arrived home to notification from Bailiffs that had apparently visited my flat yesterday. It says ! have 14 days to pay (might be poss but not 100%sure as I'm not good at maths and need my aunt who's an accountant by trade to check everything for me). There's nothing on it to tell me how and who to pay.

I'm terrified my employers will find out or worse I'll end up in prison as its for council tax!!

PLEASE PLEASE CAN SOMEONE HELP!!:eek:

I am scared stiff. also Tax credits have messed me up which is why I'm not sure if I can pay- they have obviously not received my renewal form and have stopped my payments - plus it looks like my payments are dropping!!

so gotta call them too - I got a busy lunchtime ahead. Even if I can't get advice from you guys can anyone tell me how to get free legal advice?

I'm gonna try my CAB but they haven't been much help in the past to be honest.

PLEASE REPLY ASAP!!!!

rog2 · 23 August 2007 at 9:54AM

Hi wordsfan - From my own experience, I have found that a telephone call, to the Council concerned, can help. If you can pay the lion's share of the outstanding Council Tax, you should be able to come to an arrangement, even at this stage, to pay the rest when you can afford it.
Again it has been my experience that councils use 'in-house' certified bailiffs, rather than the 'legalised criminals' that delight in inflicting terror on people who have no way of paying.
It's certainly worth a phone call - were you aware that you owed this money?

fermi · 23 August 2007 at 10:03AM

It might also be worth calling [SIZE=-1]National Debtline - Tel: 0808 808 4000 for advice regarding any imminent recovery action that you can't sort out direct with the council.

They can advise on both English and Scottish issues, plus the website has factsheets on council tax arrears and recovery in both countries as well.
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wordsfan · 23 August 2007 at 10:38AM

Thanks so much guys - I'll go on website in a min and also try phoning etc

plumduff-2 · 23 August 2007 at 1:04PM

Even though you now live in Scotland, this debt accrued in England and as such English Law applies on collection... National Debtline have an excellent booklet on this...

And in my experience - as a debt adviser, most councils use private beailiffs - or legalised thugs rather than in house bailiffs.. read through the booklet - get your self clued up on your rights.. keep the ball in your court when dealing with the bailiffs - DO NOT LET THEM IN AND MOVE ANY CAR YOU OWN..

moneymare · 23 August 2007 at 1:24PM

plumduff-2 wrote: »

Even though you now live in Scotland, this debt accrued in England and as such English Law applies on collection... National Debtline have an excellent booklet on this...

And in my experience - as a debt adviser, most councils use private beailiffs - or legalised thugs rather than in house bailiffs.. read through the booklet - get your self clued up on your rights.. keep the ball in your court when dealing with the bailiffs - DO NOT LET THEM IN AND MOVE ANY CAR YOU OWN..

Legalised thugs - makes me angry to hear people describe Bailiffs described as such.

They are a legitimate form of debt recovery, and often prove very successful in recovering monies for things like outstanding Council Tax. They generally will try and collect on balances outstanding within a timescale - in my experience, 3 months. They are not paid to be nice and friendly - that doesn't get results.

For Council Tax, you wouldn't believe how many people "never receive" things like, Bills, Reminders, Final Notices, Summonses and Liability Order Questionnaires, but are straight on the phone when they get a letter dropped through by a Bailiff :think: How convenient.......:whistle:

rog2 · 23 August 2007 at 2:10PM

moneymare wrote: »

Legalised thugs - makes me angry to hear people describe Bailiffs described as such.

They are a legitimate form of debt recovery, and often prove very successful in recovering monies for things like outstanding Council Tax. They generally will try and collect on balances outstanding within a timescale - in my experience, 3 months. They are not paid to be nice and friendly - that doesn't get results.

For Council Tax, you wouldn't believe how many people "never receive" things like, Bills, Reminders, Final Notices, Summonses and Liability Order Questionnaires, but are straight on the phone when they get a letter dropped through by a Bailiff :think: How convenient.......:whistle:

Hi moneymare - I give you the benefit of the doubt, since you have not been here very long, but you ONLY have to look through this forum to read of the horrendous experiences that some of us have had with 'Bailiffs'.

By their OWN admission (BBC Whistleblower) they are nothing but 'legalised criminals'.

Whilst accepting that they are 'not paid to be nice', niether are they paid to intimidate, threaten or act outside of the law - which they often do.

There are National Standards to which Bailiffs SHOULD adhere when carrying out their duties. An overview of these can be found on the following link:

http://www.insolvencyhelpline.co.uk/identify_problem/bailiff_problems.htm#bg17

The BBC Whistleblower program has firmly established that many 'bailiffs' have scant respect for these standards.

Councils, themselves, are not all paragons of virtue, either, and HAVE been known not to send out some of the letters that you mention, yet they seem to hold themselves above the law.

In the case of the OP, who has moved house and is being chased for council tax from his/her previous address it most certainly IS possible that he/she has NOT received the necessary or relevant letters.

It surprises me to see somebody jump, so vigorously, to the defence of bailiffs on what is, after all, a forum for people who are trying to deal with their problems. The Op has not launched into an attack of bailiffs. He/she was merely asking how best to deal with a problem that happened to involve a Bailiff's visit.

May I ask if you have a personal interest in bailiffs?

moneymare · 23 August 2007 at 2:44PM

I work for a Local Authority, and so am familiar with the common conception that the public have of Bailiffs.
I also have to listen to people day in, day out who have 'just returned from a fortnight's holiday' and that's why they haven't paid their Council Tax.....

I am not trying to say that all Bailiff firms work within the confines of the law, however, from my experience, we have very few complaints about the firms we employ to collect on our behalf.

Yes, my job is to collect outstanding Council Tax, and in that regard I do take exception to people who do not pay - I have to, so why should others choose not to and get away with it ?

In the OP's particular case, he/she needs to contact the Bailiffs quickly, and come to an arrangement to clear the balance owed.

I do not accept in anyway that Bailiffs should be generalised as Legalised Thugs......

plumduff-2 · 23 August 2007 at 2:58PM

No wonder you dont accept the generalised view that bailiffs are legalised thugs if you work for a CT unit... You lot actually condone their actions by not properly investigating complaints regarding their actions..

How do I know... cos I work for an LA myself and have been witness to many bailiff lies and heard many others from my clients:

1. Disabled man on DLA - driven to the cashpoint under duress by the bailiff and then left there once he had drawn out what they had demanded..

2. Bailiffs telling a client that they can levy on her sons car in the drive even though he didnt live at the property and provided evidence on ownership of the car and evidence of his address

3. Bailiffs telling clients that they are able to break in on first visit and will call the Police if entry is not given..

4. Bailiffs adding on their 'phantom' fees... especially in relation to van fees.

I could go on and on adn on and on...

CT units always side with their bailiffs against the public... and often turn a blind eye to what is actually going on...

And this will continue until more people actually write to the Local Govt OImbudsman to complain about the council use of bailiffs and the fact they that they turn a blind eye to their actions...

moneymare · 23 August 2007 at 3:12PM

As I said, we have very few complaints (count them on one hand in the last year) about the Firms we use - considering the number of cases that they handle.

There are no 'phantom' fees - they are clearly laid out in the documentation that accompanies the liability order from the Court.

And I will support the work the Bailiffs do - its an incredibly tough job.

rog2 · 23 August 2007 at 3:33PM

plumduff-2 wrote: »

1. Disabled man on DLA - driven to the cashpoint under duress by the bailiff and then left there once he had drawn out what they had demanded..

2. Bailiffs telling a client that they can levy on her sons car in the drive even though he didnt live at the property and provided evidence on ownership of the car and evidence of his address

3. Bailiffs telling clients that they are able to break in on first visit and will call the Police if entry is not given..

4. Bailiffs adding on their 'phantom' fees... especially in relation to van fees.

I bet that's only the tip of the iceberg, pd.

EMERGENCY!! bailiffs, c.tax, no idea! Scots law

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