Baliff Issues - Advice needed please

Brit-Wifey

Thanks dancingfairy

Culex

Brit-Wifey wrote: »

Thanks Culex! Do you have a link to that law or code etc?? I am writing a letter to the council to complain about not being notified about court etc and I'd like to include that! My husband always asks me why I feel it necessary to get the name of the person that I am speaking to on the phone! lol (DUH!) I am OCD with things like this, just incase!
I've got the very rude council womans name - so I will be adding that to my letter as well.
You guys are all great !

Having re-read your earlier postings, it would appear that the council somehow neglected to send a reminder as required by section 23 of the Council Tax (Administration and Enforcement) Regulations 1992. If no reminder notice had been sent then, under section 33 of the Regulations, a 'final notice' has to be sent and Liability Order proceedings can only commence seven days later.

I do hope this may be of some help.

lightisfading

dancingfairy wrote: »

Re the bailiff fees - I was under the impression that they can charge for a maximum of 2 unsuccessful visits - now we are assuming that they have never been near your house but they might try and con you into paying these fees which are around 42/43 pounds - this is the absolute maximum they can sting you for (unless you let them in of course).
Best of Luck getting this sorted.
df

From my experience with North Lincolnshire council and Rossendales it doesn't bloody matter whether or not they attend. I challenged a fee of £120 for 'attendance with view to remove vehicle' - except i saw them attend on the day in a small van. Be interesting to know how they'd remove a car with that! I wrote several letters to the council and simply got standard replies that they were within their legal rights and just gave up arguing in the end.

As everybody else has said DO NOT LET THEM IN. EVER! Just don't answer the door to them. I also wouldn't give them your telephone number, do everything in writing and keep copies.

Brit-Wifey

Culex you're a star! When Bucks County Council gets this letter they are going to feel like complete morons! Don't get me wrong, we DO owe & are willing to pay Friday, but just really upset that they have to resort to dealing with scum like Newlyn. If we had known about court etc we could have borrowed the money from family till payday. It just goes against the grain being charged nearly double to receive 2 letters via Royal Mail (with incorrect dates, and names) & be spoken down to by the high and mighty at Bucks Council when I tried to pay! Very classy, threatening to send some "Phil Mitchell" types around to intimidate someone that can hardly stand up at times due to a vestibular disease.
I am so glad that I posted here. I've gone from scared & shaking - to mad & empowered LOL

Brit-Wifey

BTW - good luck to anyone trying to get into my house! My back garden is not accessible, at all unless you go through some brambles and over a huge cement wall. Sides & front are like Ft. Knox.

My friends always make fun of me having to go through a whole series of dead bolts, chains, locks, alarms etc to let them in! Hey... better to be safe than sorry. I've lived in New York & been robbed once. ONCE. Worst feeling in the world. I also keep a golf club handy. lol

I_try_my_best

Hi there,
I am very new but have some knowledge of Council Tax Recovery.
1) They should NEVER refuse a payment & the best idea as mentioned is to pay online.
2) They cannot levy on a Motability Car
3) 1st & 2nd visit fees are defined in Legislation I believe it is £24.50 for 1st visit & £18.00 for 2nd visit.
After the bill was issued there should have been a reminder sent (possibly a maximum of 2), a final notice, a summons in both names and a letter notifying of intention to issue to the bailiff. It may be worthwhile checking that these notices have been served correctly. Unfortunately, once a liability order is granted if an arrangement is defaulted on they do not have to contact you again before issuing to the bailiff to collect.

Good Luck

Brit-Wifey

After reading & reading all day I find it really odd that although the council tax is in both names, but the letters from Newlyns were in my husbands name only (surname correct, first name not ??) and actually the very first letter was addressed to "The Occupier". None of the personal details that were on the 2nd letter for my husband are correct (except surname) & the dates are all wrong, as well as the name of our local council!

I am going to pay online Friday, directly to the council & add my 2 page letter of complaint. Newlyn will get nothing from me, ever. Out of principle, I'd give it all to charity first!

It's sad that most people don't know their rights & the council employees refuse to offer any info to help. People that work for Newlyn & other baliffs are parasites and make a living off the poor, struggling and uninformed. Now knowing what I know (thanks to you all) why on earth would anyone EVER allow such scum into their homes? Honestly, I feel like a protest, blog rant, name & shame or something.

If I were to walk into a bank, or a shop etc and misrepresent myself in order to gain financially, surely that would constitute fraud?? But they are allowed to mail you threats and "stretch the truth" ie: "Goods may be removed in your absence" etc etc and get by with it. OMG.... someone needs to challenge this, petition the PM or something. It's not right!

hallowitch

There is a lot of good advice on this thread just to add to it
you say your outstanding balance is £338.63 you need to phone the council and ask the amount of the liability order ask if this includes the costs for the liability order (it should)
ask the date of the liability order
ask the period the liability order relates to

council tax is charged per financial year 1st April till the 31st march the full amount is due on the 1st of April of each financial year councils spread payments over a 10 month period if payment is missed and they go for a liability order the liability is granted for the remainder of the financial tax year
therefore if you move out of a property before 31st march(end of the financial tax year) you may have been charged for a period when you did not live in the property

your letter to the council should be addressed to the head of revenues head your letter Formal Complaint and also copy it to the Chief Executive

don't tell a story make your letter short (as possible) and strait to the point

1 the local authority are aware of your change of address
2 you had mail redirecting service
3 the local authority did not adhere to the The council Tax (Administration and Enforcement ) regulations 1992 Amended

you did nor receive a summons before the liability order was granted (note if you had already received a letter telling you your account is in arrears at any time during the financial tax year then they do not have to send you another before they go for a liability order)

you did not receive a letter telling you that the liability order was being passed to newlys (you should have received this 14 days before it was passed to newlyns )

http://www.legislation.gov.uk/uksi/1992/613/contents/made

4 full payment was offered and refused before any bailiff visit to levy took place (give the date of the phone call and the name of the person you spoke to )
5 your outstanding balance is (£338.63 you need the exact amount from the council) Newlyns are demanding £504.13.
ask them to explain the increase in the debt using the formula provided in legislation this being The council Tax (Administration and Enforcement ) regulations 1992 Amended
regulation 45 schedule 5 charges connected with distress
http://www.herefordshire.gov.uk/docs/Enforcement_Agent_Charges.pdf


as to date you have had no visits from any bailiff to levy distress


Bailiffs cant charge for letters sent through the post for council tax the reason for the bailiff visit is to levy distress against your goods


PS your car is perfectly safe as it does not belong to you it belongs to mobility therefore its exempt from seizure

you can (if you want)send the council and newlyns a copy of the mobility agreement and put them on notice that the car reg no xxx does not belong to you therefore is exempt from seizure

hallowitch

If you have a complaint about anything regarding council tax you must head your letter Formal Complaint
It must be sent to either the complaints department or the head of revenues a copy must also be sent to Chief Executive
Where possible find out the name of the the head of revenues and the chief executive and address it for the attention of xxxx in most cases you will find the names on the local authority web site

The reason for the above is most if not all local authority's don't administrate there own council tax this work is outsourced to an agency so when you phone e-mail/letter your local authority you may not be dealing with an employee of the council

Culex

hallowitch wrote: »

you can (if you want)send the council and newlyns a copy of the mobility agreement and put them on notice that the car reg no xxx does not belong to you therefore is exempt from seizure

I do wish I'd suggested that!

If they are put on notice, of course, those letters must go by a signed-for service and preferably by Special Delivery - guaranteed next day service and timed delivery.