Bailiffs/Council Tax Arrears

Bohemian_Raspberry

Hi,

We've got serious debt problems resulting from both myself and partner losing our jobs within weeks of each other. We understand it's our own fault for getting so much debt in the first place but we're slowly working on sorting ourselves out.

We've got council tax arrears from last year which have now been passed to the lovely Equita. Now I have a quick question about the bailiffs which they're going to send round.

Last Saturday we received a Recovery Notice from Equita saying the bailiff would be round. I haven't got it hand at the moment (using the internet at the library) but is this the letter giving me 14 days notice?

I've been looking through quite a few sites this morning and a few of them indicate that bailiff's aren't supposed to call round on Good Friday. Now yesterday morning around 9:30, we had a knock at the door. As we weren't expecting somebody, I assumed it was the bailiff's (especially how they were knocking!). Whoever these people were didn't put anything through the door, though my neighbour did see them - 2 fellas in suits.

Now as I've said before we are in trouble debt wise and haven't paid a few things now for a couple of months so technically it could have been anyone. Do they sound like bailiff's or am I right in thinking they can't call round on Good Friday? I do need to speak to this bailiff as I have tried to pay Equita by cheque and I've received confirmation from Royal Mail that the cheque I posted to them on Tuesday has reached them.

I've already emailed Herbie for some advice as well as my local councillors so in a way I'm not really sure why I'm posting this, but I need to be prepared in case they come knocking again today.

Thanks in advance

bellrooster

Hi, just a quick post as I was in a similar position myself recently.

If ever we've had a Bailiff round (and not opened the door) they usualy post a letter through, I assume you didn't get one? So perhaps it was someone selling perhaps?

I don't know if they are supposed to come calling on good friday, I hope not!

Basically, what I've done with my council tax debt is written to the council, and the bailiff company (copying the council with any correnspondance with the bailiffs) and held my ground and explained what I can afford to pay back each month. At first the Bailiff company refused to take any payment that I offered, they were only going to accept the full amount. Then finally in Janurary this year they accepted our offer of £100 a month and we're now getting rid of the debt thankfully.

Hopefully your bailiff company will accept your cheque as the first payment and you can carry on paying off your bill. I'm sure you've read all about this but remember to keep all doors and windows locked, don't answer the door to anyone you don't know and keep your car parked away from your house.

Hope that helps, sorry it's a bit of a waffle but some times it's a comfort to know that you're not alone! blooomin bailiffs!! :mad:

bellrooster

Sorry just to add, If you do decide to talk to them if they do call round, do so through from an upstairs window, or tell them that you will come out to their car and talk to them there. Just explain politely and firmly that you will not be allowing peaceful entry into your property, you're willing to enter into an agreement to pay off your arrears. They *might* get a bit shirty with you, but just reiterate that you won't be letting them in and then they don't really have any reason to stay!

RAS

Ok

glad you are talking to Herbie21. Have you read her web-site? Please also pm Roberto Moir.

No idea if the bailiffs are allowed to visit on Good Friday, but the essentials are.

Mkae sure all the windows and doors are locked and kept locked.

Do not open the door to them, as long as they cannot get in the house, they cannot levy and that gives you more bargaining power.

They are only allowed to gain peaceful entry. That means climbing in through an open window or you letting them in. Children cannot let them in.

If you have a car move it now and get it out of sight as they can levy on that without gaining entry to the house.

if you have a car, the longer term solution is to transfer ownership to a member of your family or a friend. That keeps it out of the bailiffs clutches.

There is a letter that you can send that tells the bailiff you will not allow them peaceful entry.

They can charge for two visits, but if your cheque covered the whole debt, I would suggest you dispute these.

The allowed fees are about £42 for two visits but you will have picked up that Equita are currently explaining their additional fees to a number of OPs on these forums who have been asked to pay additonal fees.

If the recovery notice included more charges than this, you need to challenge them.

Bohemian_Raspberry

Thanks bellrooster, no we didn't get anything through the door which is what is making me think it wasn't them, and also if the recovery notice is my 14 day notice and I received that last Saturday, I'm thinking that they won't be round until next Saturday at the earliest because of the bank holidays.

I know what you mean about other people being in the same boat, I thought it was only me who could let themselves get into a mess like this and though I wouldn't wish this on anyone, it is 'nice' to know I'm not on my own.

I'm just hoping my local councilllor's get back to me, as I think they're my best bet at the moment as the council tell me to speak to Equitas, they're only interested in full payment and they're now shut until Tuesday anyway!

rog2

First of all, have a look at the following link to see exactly what your rights are when having to 'deal' with Bailiffs:

www.insolvencyhelpline.co.uk/debt_basics/bailiff-guide.php

Then try and work out exactly how you wish to deal with this 'debt' as, unfortunately, Council Tax Arrears don't go away.
If the 'Bailiff Company' are, as they often are, difficult to deal with and will not accept your offer of payment by instalments, then try phoning your Council, to see if they will 'take back' the debt and accept your payment proposal.

Now, normally, a 'Bailiff' will only call twice for Council Tax arrears - if you are not in, or do not discuss the matter with him/her, the Bailiff Company should then hand the debt back to the Council anyway.

But, whatever you wish to do, please familiarise yourself with your rights in order to avoid committing yourself to a payment plan that you can not afford.

iamchrisli

If you and your partner is off job, you should first sign on the local job centre. Their staff will tell you if you are eligible for Job seeker allowance or not. If you are eligible, you can get Council Tax benefit, which in your case any payment might use to reduce the arrears.

"RAS" was right about bailiff, never let them in, only the court bailiff with court order/warrant can gain entry by force. If you let the bailiff in once, they can gain entry by force later on.

You may get help from your local Citizen Advice Bureau, they offer free debt advice, mainly acting on behalf of you to negotiate payment offer with creditor. They might be busy nowadays, phone them to see how they work first.

Good Luck

Herbie21

BR.

I have sent you a message and will assist you in writing a letter to Equita.

Currently there is NO regulation in place for Bailiffs. However, because of this, in 2002 the Government did introduce the National Standards for Enforcement Agents which although not binding in law.....all bailiffs and their companies MUST abide by.

The National Standards quite CLEARLY state the following:

"Enforcement should not be undertaken on Sundays, on Bank Holidays, on Good Friday or on Christmas Day, unless the court specifically orders otherwise or in situations where legislation permits it"

I would most certainly suggest that a formal complaint needs to be made to both Equita and to the local authority who have responsibility for the actions of their agents!!

Bailiff Advice Online.

makenzie

Sorry to hijack this thread but wondered if anyone on here could give me some advice.
I moved in to my last propert on March 31st of 2007 and moved out in June 2008. I still owed council tax so set up a payment plan and have been paying this off. I currently live in a shared house and the blokes I live with often just throw the post away without looking at it, consequently 2 days before I went on holiday last month I came across a summons letter addressed to myself for council tax apparently owed for the period Dec 2006 to March 2007, about £400. I called the council to tell them I wasn't liable as I wasn't living there at the time (I wasn't even in the country until January as had been working abroad for a yr) the bloke told me that there was nothing he could do at this stage with just a phone call because I had left it too long. I explained that I would be going on holiday in two days and asked if it would help if I got my landlord to send them a letter stating that I wasn't in the property at that time and he said yes. My old landlord has done this. I got back from my holiday to find a letter from a debt recovery agency and a bailiff knocking on my door. I have spoken to the bailiff and the council and they just seem to be fobbing me off, I have told them I wasn't there, my landlord has told them I wasn't there and yet they are still holding me accountable because apparently I left it too long to act. Had I seen the letters I certainly would have sorted it out sooner. Am I going to end up footing this bill and what can I do avoid this?! The bill has now gone up to £500 and I just can't afford to pay them that! Any advice would be greatly appreciated!

lloydd6

hi I have the same situation

I telephoned the Equita bailiff today and asked him if I could pay back £10 per week - he said NO WAY (lol) so I said well I haven't got £150 and he said that the amount is now £350!! (£200 charges???) and I said well if I don't have £150 then obviously I don't have £350 (lol) and he said well you should ask a family member to loan you the money as it's better to owe it to someone you know than to us as you could go to prison - he wasn't threatening, but did try to use scare tactics. I asked when he needed the amount in full by? and he said by then end of the month - I just laughed, it's ridiculous I don't have the money so I told him I'll have to go to prison then..

that's when I started looking up online, it's not that I don't want to pay but I can only afford £10 a week.. that's when I read here that the bailiffs don't give a cr8p about payment plans, they just want the money for their charges, the Council can set up a payment plan - I rang Equita and she said ring the bailiff he'll sort you out and put the phone down

I'm writing to Equita offering them £20 per week and if they refuse I am going to pay that £20 to my current 2009-2010 Council Tax bill and write back to Equita telling them that if you won't accept my £20 a week then I'll pay it directly to the Council and I'm sure they will either accept my payments or pass it back to the Council

I think the bailiff will try to threaten you will imprisonment or removal, when they can't do anything if you don't let them in and luckily I live in a tower block, so they can't get in anyway. If the bailiff doesn't take no for an answer when you offer them money each week what other alternative do you have? he was trying to make me scared enough to ask someone in my family to GIVE HIM £200 for nothing - NO WAY and if it goes to Court then I'll just have to tell the judge I don't HAVE any other money.. I can't conjure up £350 in two weeks - how ridiculous

hi btw

Honeybee_2

I think the credit crunch is hitting the bailiffs, all of these unlawful fees they're attempting to fleece folk with.