Council Tax bailifs help

Blaz

Sorry to raise this issue again but just wanted a bit more advice.

So my mum contacted the council and she was told its out of their hands and to deal with the debt collection agency. She then tried to deal with Rosendales directly and she was told because the (head) bailiff has demanded £400 by todays date (tuesday 21st sept) that they are unable to accept any offers of repayment and that she has to contact the bailiff directly and deal with them.

The bailiff wasnt very helpful and point blank refused any offer my mum put forward, she demanded full payment of £400. My mum asked why she wouldnt accept her offers of monthly repayment and she told my mum that she has been sent two letters offering her this chance, as my mum didnt reply the chance has now gone. When my mum said she simply couldnt afford £400 but offered £100 now and weekly repayments the bailiff refused, and the bailiff said she didnt have to accept any offers and said she'd return to my mums house and remove goods and then ended the conversation by putting the phone down.

Any advice ?

RAS

Hi

They are lying through their teeth.

What happens is that if the bailiffs are unable to get the money, the case is referred back to the Council. In theory, the Council can then take her to court, but if she can prove that she has offered to make payments, that would be thrown out.

1. She needs to make the offer to pay in writing, enclosing the cheque for the first payment. Do not offer more than she can afford. £50 would be better, then if she has some extra, she can put it towards the debt but she does not run so much risk of getting in arrears on the plan.

2. She needs to find out how much the laibility order was made for.

3. She needs to find out who her local councillor is and when their next surgery is and where.

4. if she ever speaks to the bailiffs again, she needs to tell them she has been advised that their advice is wrong and she is now recording all conversations. Do so if possible, but make a play of doing so anyway.

5. They cannot remove anything until they have a levy or WPO, so they cannot just run up and take stuff.

6. They cannot get a levy or WPO unless they get in the house (unless she has a car) and they have no legal right to enter unless she lets them in (peaceful entry).

7. What they want is to get in as then they can charge her £100 extra for the WPO, and if she screws up a single payment another £150-250 in van fees.

So do not speak to them, writing only, do not let them in and start to take action to get the debt back with the Council.

And get that councillor to find out why she still had a CT bill when she was unemployed.

NorthernLas

For the immediate problem of the bailiff coming to visit Mum, she MUST NOT let the bailiff in (not answer the door and keep the windows closed).

What about the other things that were suggested has Mum ...
- found out from the council tax benefit staff that the amount owed is correct since she was not working?
- confirmed the amount of the liability order with council tax recoveries?
- sent a letter to Rossendale's to confirm their fees and charges?

Your Mum should not phone the bailiffs, she should write.

Blaz

Yea my mum has recorded the conversation between her and the bailiff she told the bailiff the conversation was being recorded and thats when the bailiff started spouting dates that my mum was offered the chance to make payments but then didnt reply so according to the bailiff my mum has missed her chance and now has to pay £400.

The bill is only for £700 but the bailiffs have added £300 ... if the bailiff comes out and my mum doesnt let them in will she still get van charges etc ?

Also just seen a letter and it says "MAGISTRATES LIABILITY ORDER/DISTRESS WARRANT FOR UNPAID COUNCIL TAX" at the top of the letter. Does the fact it says MAGISTRATES change anything or is it just typical bullying bailiff tactics??

Oh the letter also states cheques not accepted.

NorthernLas

I don't think the bailiff can charge for a van unless they have a levy on items (i.e. she has let them in and they have a list).

She really needs to write to get a breakdown of charges and to phone the council to confirm the value of the liability order.

RAS' advice is good re. contacting the local councillor to find out why she is being charged council tax when she was unemployed.

CIS

Also just seen a letter and it says "MAGISTRATES LIABILITY ORDER/DISTRESS WARRANT FOR UNPAID COUNCIL TAX" at the top of the letter. Does the fact it says MAGISTRATES change anything or is it just typical bullying bailiff tactics??

The magistrates granted the Liability Order that empowers the council to instruct the bailiff.

RAS' advice is good re. contacting the local councillor to find out why she is being charged council tax when she was unemployed.

Being un-employed does not always make people eligible for full council tax benefit - if indeed the person invloved actually claimed CTB.

What happens is that if the bailiffs are unable to get the money, the case is referred back to the Council. In theory, the Council can then take her to court, but if she can prove that she has offered to make payments, that would be thrown out.

The council can go back to court for committal and its very unlikely to be thrown out. The magistrate is most likely going to order a payment arrangement.

Jules69B

I have been in this situation and the Council really will look at the situation and work with your mum to sort this out. The council do have the power to call it back from the baliffs and will do so if you ask and can show that your mum cant pay. Your mum can also ask the court to look at the situation and her offer and they may instruct the baliff to accept her offers.
At the moment they are playing bully boy games and your mum is an easy target, keep your chin up. It can be sorted.

J

CIS

Your mum can also ask the court to look at the situation and her offer and they may instruct the baliff to accept her offers.

The court do not have the power to do so. They can only order payment arrangements if you have brought in front of the magistrate for a committal hearing.

RobertoMoir

Jules69B wrote: »

I have been in this situation and the Council really will look at the situation and work with your mum to sort this out. The council do have the power to call it back from the baliffs and will do so if you ask and can show that your mum cant pay.

Yes.

Your mum can also ask the court to look at the situation and her offer and they may instruct the baliff to accept her offers.

Nope. She could also ask the court for a pony or a toilet seat made out of gold, but as the court don't have anything to do with things once a LO issued until (if) it is returned to them for the next stage in enforcement, then speaking to the court really isn't helpful.

I do agree with the comment about bully boys. The bailiffs know that they can get a payment by bluffing more often than not; they do this not because they are jerks or natural bullies (though they may well be) but simply because its effective.

traydave

I was sitting with a dear friend when her mobile phone went, it was a man from Rosendale bailiffs asking her for the money she owes. She told him that she had been waiting for him to call back as arranged with a payment plan. He told her he wanted a said amount and she said that she was unemployed with three small children and could not afford that amount, however she could afford to pay £50 per month (remembering she is exempt from council tax at the moment) He said don't worry we will visit your property. I was appalled and called him back he was just as rude to me saying that he didn't have to speak to me and hung up.

Please can anyone tell me who to contact regarding this bullying behaviour?
I am concerned as my friend almost died last year due to a sudden illness and she really doesn't need a horrid rude bailiff calling like this and refusing to agree a payment.