help? never dealt with bailiffs before

skimminstones

Hi all,

I fell behind on some council tax a couple of years ago but have managed to pay it correctly for the last couple of years. Ive just recieved 3 letters in the same envelope from ross and roberts bailiffs demanding payment for the time i was behind. There are 3 letters in this envelope one dated 25/02.2011 saying i owe £758.70, another letter dated the same date 25/02/11 saying i owe £1031.63, and another letter in there of a first notice to "levy distress against security of your debts" of £1182.16.

Ive never dealt with bailiffs before and its worrying me silly now. How can they put 3 letters in the same envelope with different charges? Its not like i have been given the option of paying from the first letter as they sent them all in the same envelope at once.

I think i can manage to pay about £500 but im so scared of actually making contact with them incase it makes it worse and i start getting harrassed over and over. I cant afford the whole amount, do you think they would take £500 as settlement? i dont know why it has jumped from £758.70 to £1182 in 3 letters they delivered at the same time.

Would i be better contacting the council and seeing what they will accept or will they have washed their hands of it entirely now?

Please help.

RAS

Hi

Take this very slowly and DO not ring the bailiff or open the door to them.

Contact the council tomorrow and ask them for details of the liability orders. Once you have that, please come back to us for more help.

Bailiffs have a habit of adding fees to which they are not entitled onto accounts when they first contact you.

Do you have a car?

dancingfairy

Hi - a couple of points of clarification would help here. Are they all for same council tax debt - ie are they all for the same council tax year as different years may have clocked up different charges?
You need to know a) the amount of council taxed actually owed to the council b) the amount incurred by the council in taking you to the magustrates court - at the moment it is about 80 pounds ish so if it was a few years back the fee should be less than that - the council concerned should be able to supply you with these details.
Finally the bailiffs are bound by what charges they can and can't charge you for.
Have a look on Natinal Debtlines website for their factsheet to see how much bailiffs can charge - for a maximum of 2 visits where no levy has made I think it's about 40 ish pounds. Have the bailiffs left you with any other paperwork saying they have levied on anything - eg a car? have you ever let them in to your house?
I will post the national Debtline factsheet in a minute for you.
df

dancingfairy

Link here to national Debtlines website:
http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax
it sounds very much like the bailiffs are trying it on with you so hopefully the factsheet will help.
df

skimminstones

Thanks for replying.

Ive just noticed the 3 letters, although dated 25/02/11 are stamped with 1st march on the bottom, how can they deliver 3 letters with varying amounts at the same time?

Im only assuming its the same debt, im not aware i fell behind on any others, it just says arrears of council tax owing.

the first two letters say

todays visit fee - £24.50

they both then say
"please note further costs are listed below"

second visit fee £18
levy fee £47
walking possesion £12
admin fee £24.50

the second letter, dated the same day has the same charges except the levy fee is £54

I think ill ring the council tomorrow and ask them about this liability orders. I do have a car, should i be moving it or something?

fatbelly

skimminstones wrote: »

I think ill ring the council tomorrow and ask them about this liability orders. I do have a car, should i be moving it or something?

Yes, park it some way from your house.

At the moment they can only charge for the visits (£18 + £24.50). The levy fee will vary as there's a percentage element but that does not apply UNLESS they have made a levy. Caselaw says that they need to be able to touch the item levied, i..e. they cant just list what they can see through a window.

They will not be able to make a valid levy on the contents of your house if you do not let them in (cannot force entry unless previously been given peaceable entry) but a car is very vulnerable, which is why RAS mentioned it in the first reply

Make sure you read the factsheet, and have a look at

https://www.bailiffadviceonline.co.uk

skimminstones

when i call the council tomorrow can i force them to take the debt back? Im willing to pay the £500 and then try to come to an arrangement for instalments on the rest. Im just too scared to deal with the bailiffs direct for the payments after hearing all the scare stories.

Flash-bang

Hi,
I have had some personal experience dealing with council tax arrears and bailiffs, including Ross and Roberts. Don't panic - if you don't let them in (that's if they actually come to your house - they never did to us as far as we know) there is not a great deal they can do. The council may take the debt back but probably will not. Deal with the bailiff company in writing and copy everything in to the council - most of this I did by email.

It is not as bad as you think - after an initial bit of fuss things settled down. Don't let them bully you into agreeing to pay more than you can afford.

Best of luck getting this sorted.

skimminstones

phoned the council today, ive apparently 2 liability orders granted from sept 2006 and december 2006. totalling £1139.66 They wouldnt talk about taking the debt back or anything and just told me to contact the bailiff. I told them im going to make payments through their automated payment system on their website.

Am i ok then in making the £500 payment now and adding more as and when i can? I think i can probably pay between £100 and £150 a month now. meaning i might be able to pay off the remainder within 4-5 months. Do you think thats acceptable? I really dont want to give the bailiff any money and dont want to deal with them. I understand i should make a regular payment exactly on time if i do it this way?

fatbelly

skimminstones wrote: »

I told them im going to make payments through their automated payment system on their website.

Am i ok then in making the £500 payment now and adding more as and when i can? I think i can probably pay between £100 and £150 a month now. meaning i might be able to pay off the remainder within 4-5 months. Do you think thats acceptable? I really dont want to give the bailiff any money and dont want to deal with them. I understand i should make a regular payment exactly on time if i do it this way?

I'm not the bailiff expert around here but it looks like the right strategy to me.

There is a standard leter knocking around that you could modify to make it clear what your intentions are:

To: Bailiff Company

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter, you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I am aware of my rights, and that I will not allow a bailiff to enter my home peacefully to levy on my goods.

I would like to make it clear that I am not refusing to pay this debt, but I am unable to pay the entire debt at this present moment. Instead, I would like to offer to repay this liability by way of monthly payments of (enter amount) which as you can see from the enclosed income & expenditure, is the maximum amount that I could afford each month. I would be grateful if consideration can be given to accepting this proposal, and as a gesture of good faith, I am enclosing a first payment of (enter amount).

I am aware that under the Council Tax Administration & Enforcement Act 1993 (as amended), you can charge a first visit fee of £24.50 and a second visit fee, if necessary, of £18.00. No further visit fees can be imposed.

I would be grateful if you could confirm receipt of this letter and confirmation also that payment terms have been agreed. I am copying this letter to my Local Authority. (ensure that you keep a copy)

Yours Faithfully.

timbstoke

Fatbelly's letter is a good one...I have to say though, I've never sent one of those income/expenditure breakdowns. I have no doubt that they would come back and say "You don't need to spend £x on food - give us £y of it". I

I simply state that the maximum payment I can afford to make is £x per week/month - please find enclosed my first cheque. Weekly is ideal if they're going to argue (which they will), because when they write back you can simply reply saying "I acknowledge your letter, however as already stated I cannot afford more than £x - please find enclosed my next payment"