Equita Bailiffs

Hypnosis

I'm after a bit of advice please.

My mother has just received by hand a Bailiff Removal letter from Equita which said the following:

"I have attended today with the intention of removing your goods and chattels as are necessary to discharge the outstanding Council Tax Liability Order and any additional enforcement costs incurred.

Please note no further arrangements are are acceptable and payment is now required in full by CLEAR FUNDS ONLY

I will re-attend at your address with immediate effect and may REMOVE goods even in your absence. Should you wish to avoid this distressing course of action contact me immediately on the telephone number below to arrange prompt payment of your debt."

The guy actually came into the house and didn't provide any ID. She did have a visit some time back and explained that the house was currently being sold and she would pay in full once that had happened. Small payments were also offered but she was told not to worry about it and just pay once the house had sold. Well house has now sold but this guy didn't want to know. He's said she has until Wednesday (14/07/10)

What can be done about this sort of thing?? It's not as if she is refusing to pay, she just doesn't have the means to until the sale of the house is complete!

Sorry for the long post but it's really bugging me.

DVardysShadow

She might be able get her solicitor to write to the council and advise that the CT will be paid from the proceeds - and let solicitor make payment.

CIS

solicitors undertakings can be a funny thing as although the solicitor undertakes to take the money at source and pay it to the council the problem is that its dependent on the sale going through and unless its going through soon (and evidence can be provided) its unlikely the council will accept it at this stage. House sales can fall through all too often.

Did your mother contact the council earlier regarding the council tax arrears and how she could make payment ?

NorthernLas

Ok, the normal advice is to NEVER let bailiffs into your house. Once they have gained peaceful entry, they can return force entry and take items. Unfortunately, your Mum let them in.

See information about bailiffs and their powers here: http://forums.moneysavingexpert.com/showpost.html?p=23640647&postcount=14

Has she signed anything that lists the posessions that the bailiff would take? Does she have enough value posessions to pay the debt?

In order to stop the action, I think something needs to be done urgently. Equita and the Council need to be contacted to be advised that your Mum can pay when the house sale is completed. Is your Mum elderley ... there are different rules for vunerable people. Also she needs a breakdown of charges to make sure they are charging what is allowed. Have a look at http://www.bailiffadviceonline.co.uk/counciltax_about.htm for more information. Remember, the bailiffs are working on behalf of the council so everything they do should be above board.

Hypnosis

I asked her about it, knock on the door and the usual crap. As I said above the guy didn't show any ID at all. Nothing has been signed and the previous guy that visited was well aware of the sale of house so it was a bit out of the blue. The annoying thing is that the house is actually sold, just waiting on the paperwork! The other side of things is a lot of the electrical stuff such as TV, sound system is actually mine! That's less of a worry for me as I know they can't touch it. Mum's not elderly, just slightly senile :rotfl:

RobertoMoir

Did they make a list of goods to "levy distress" on, or not?

If they haven't levied, then IIRC they can't go back into the property.

Hypnosis

Nope, no list just that letter that he handed over. She's not disputing the fact she owes it just that if they wait in less than a month they can have it in full!!

RobertoMoir

Well if they haven't levied they can't come back in. Please show your mother the post of mine that northern lass linked to, and make sure she understands to follow the points there about not letting people in, etc.

In the meantime, I'd be talking to the council, via the local councillor if needs be, about how the guy turned up to an elderly person's house and didn't show ID, etc. Even if your mother is perfectly healthy and robust, this might be a good time to portray her as a bit feeble and confused and so-on in order to make sure the council recall it from the bailiffs due to her being a vulnerable person.

Hypnosis

Cheers for the advice all, it really is appreciated. It just p**ses me off that despite the fact she is willing to pay they just won't wait that little bit of time and she'd clear the lot.

RobertoMoir

Hypnosis wrote: »

Cheers for the advice all, it really is appreciated. It just p**ses me off that despite the fact she is willing to pay they just won't wait that little bit of time and she'd clear the lot.

I'm not defending the council, but from their point of view, by the time it's gone out to bailiffs they've already given people quite a few chances to pay. Council tax is what we call a priority debt, one of the very first things that needs to be paid when the bills come in.

PNPSUKNET

how old is your mum?