Liability Order? Please help!!

Kaybenson

I was disgusted to receive a letter from Equita (certified bailiffs) yesterday concerning council tax debt.

History
I have a carried-over debt from last year(250 pounds). We agreed to was add it to the current year's one and i have been paying regularly. I sent my cheque for september on time and it was bounced. I immediately sent an email to the council telling them that i just received a letter from the bank bla bla bla. I got no response to my mail. A staff of the council called me while i am about to get out of the house. I ran back to pick the phone and she was so rude and ask me to pay on the phone 'NOW' of which i cannot. I later went to pay that money via Paypoint(as i believe this will be faster).

As at today, i am paying my tax on time as scheduled. I was shocked to receive the notice from Equita.

1) Please advice!!

2) What is the effect of liability order to someone?

Thanks.

dancingfairy

Basically a laibility order is basically a rubber stamping exercise - the council go to the magistrates court and say such and such owes us money and hasn't paid properly - the people in the court checks that they beleive the council has billed you correctly and folowed procedure and grants the liability order.
It is done in the magistrates court so won't affect your credit rating as far as I know - the pain with it is 1) you will have to pay costs and 2) they can now employ bailiffs or go for other means of recovering the money ie trying to attach your earnings - ie take money from your pay before you get it.
In your case they seem to have gone for the bailiffs option. Basically the bailiffs can only charge for 2 visits as per rules and regulations AS LONG AS you don't let them in becasue if you let them in this a) leaves you open to a couple hundred pounds extra charges and b) means they can levy on your goods and if you fail to pay they can then come back to take your goods to pay off the debt.
Basically you should a) keep paying as per your agreement and catch up the missed payment (which it seems like you have), b) write/email the council and let them know this is what you are doing and c) don't let the bailiff in for any reason at all - not to use the toilet, phone the office etc etc - some council tax bailiffs are better than others - others will use all sorts of ridiculous threats like you will go to prison, I'll call the police etc etc which is absolute rubbish.
Have a look on National Debtline's website for the helpsheet on Council Tax for more details.
df

CIS

The Liability Order is issued by the court to give the council power of recovery regarding the outstanding Council Tax. To get to the bailiff stage the council must have issued an initial demand notice, at least 1 reminder, a court summons and a 14 day notification of bailiff action.

The order will not affect your credit history in any way.

If you think this in wrong and action has been taken incorrectly then you need to speak to the council regarding this and ensure that you raise your issues within them as soon as possible.

Basically a laibility order is basically a rubber stamping exercise - the council go to the magistrates court and say such and such owes us money and hasn't paid properly - the people in the court checks that they beleive the council has billed you correctly and folowed procedure and grants the liability order.

TBH the court dont even check the orders unless there is a query . They work under the assumption that the council have billed correctly.

Basically you should a) keep paying as per your agreement and catch up the missed payment (which it seems like you have), b) write/email the council and let them know this is what you are doing and c) don't let the bailiff in for any reason at all - not to use the toilet, phone the office etc etc - some council tax bailiffs are better than others - others will use all sorts of ridiculous threats like you will go to prison, I'll call the police etc etc which is absolute rubbish.

Its not all rubbish - the can call the police if they think there is going to a breach of the peace or feel threatened and they can and do reccommend committal action to the council as a way of enforcing payment.

Kaybenson

Thanks folks.

I was so angry about the whole thing. Only one month cheque get bounced. I quickly email them. I was even charged by halifax for unpaid cheque.

Do people suggest i wrote the council and copied the Baillif? or should i ignore the Bailiff?

di3004

Kay


Found a link here for you, hope you find this helps, good luck.

http://www.direct.gov.uk/en/MoneyTaxAndBenefits/ManagingDebt/DebtsAndArrears/DG_10013198

Di
X

Kaybenson

Sent a letter to Equita

Sent a letter by Post and fax to the council. Still no response from them.

Just this morning, i received yet a reminder from Equita asking me to get in touch with them otherwise they will come down.

My monthly due is again next week, who should i be dealing with? Council or equita?

Cheers

Kaybenson

Got home this afternoon and see a hand delivered letter by Equita.

The content letter was for me to pay in full within 24 hours.

Rang the council. They asked me to9 reach agreement with them while appealling against transfering the debt to Equita.

Any help????

Kaybenson

Hi all,

I have contacted the council in fact paid last month's due directly to them but they still insist i continue to pay directly to equita. The total money had increased considerably.

Any further advice is welcome.

Kaybenson

Anyone pleaseeeeeeeee