Council Tax and Baliffs

hallowitch

I would also send the CEO a copy of this letter and point out that they admit there is no levy and ask how exactly bailiff MR xxx is going to remove your goods ask her if this letter has been sanctioned by xxx council

forgot to say in the above post to phone the ministry of justice to confirm he has not had a change of certificate to rundle &co

So far we have not been successful in seizing your goods and chattels in respect of the above debt, However, this does not mean that we will continue to be unsuccessful. your actions leave no alternative but to call at your premises unannounced with suitable transport in order to seize and immediately remove your goods to public auction. the cost of removal contractors and auctioneers will be deducted from the proceeds of the sales of your goods

We trust that will make this drastic and expensive course of action unnecessary by contacting our office immediately.

In case of hardship we may be able to enter into an arrangement for you to discharge your debt over a short period of time

your faithfully

James Cohen
Certificated bailiff


Mrs Amanda Deeks
Chief executive
The Council Offices
Castle Street
Thornbury
BS35 1HF
Tel: 01454 863851
Fax: 01454 863886
[EMAIL="amanda.deeks@southglos.gov.uk"]amanda.deeks@southglos.gov.uk[/EMAIL]

jayjay2910

thanks again hallowitch, just fired off a email to the Cheif exec and putting a copy in the post, should i contact the bailiffs and tell them that i am dealing direct with the council and that i am not allowing them entry?

hallowitch

jayjay2910 wrote: »

thanks again hallowitch, just fired off a email to the Cheif exec and putting a copy in the post, should i contact the bailiffs and tell them that i am dealing direct with the council and that i am not allowing them entry?

send a copy of you complaint to the bailiff firm don't speak to the bailiff unless you can record the call

if your going to send letters make them recorded delivery you would be surprised how many letters to councils and bailiff firms that don't get delivered (allegedly)


And tell your GF that a bailiff who doesn't have a Levy has no power over a debtor
a bailiff who has a levy has all the power
they will after they have levied goods
set up a payment agreement you cant afford
insist you pay by using their on-line payment or by card
if your payment is 1 day late (remember the by or on date of payment)
they will add van/attendance fee approx £180
you will be in a worse position you are in now with more fees and the outstanding balance will have to be paid in full immediately or they will remove your goods

jayjay2910

Thanks again Hallowitch your advice has been a great help will post the letters tomorrow or monday, stuck in the office untill 6 tonight then off to watch england send me to sleep lol

jayjay2910

got a response on saturday from a mrs williams, senior recovery officer at south glos council, basically saying she dosent feel mrs hooper was rude or inaccurate and was merely reinforcing the fact that 1) you needed to contact the bailiff with your offer of repayment 2) in order to make an agreement which extended 8 weeks, the bailiff would need to attend. 3)that your file would not be recalled from the rundle & co

and that i had refused to give the baliffs a contact number so they couldn't call me about the matter.

the letter also states " south glosestershire council has instructed Rundle & co , that debts must be paid within 8 weeks, with no additional fees being incuured (if contact is made striaght away). however if that is not possible then bailiff must attend and see the reason why this cannot be met, if appropriate they are able to levy on goods to the value of the debt outstanding. I must stress that goods are only siezed if an arrangement is broken.

goes on to say to contact rundles to make a formal arrangement and that they have not be able to up hold my complaint. but i can take it too stage 2 if i feel that they have been unable to reslove my complaint or to contact them with further information

so not sure what to do next, as the council is insisting i let the bailifs attend and make a levy, which goes against every bit of advice on here and the CAB and national debt line, do i right back and take it too stage 2 or make a payment when i am able of what i can afford and leave it at that.

HappyMJ

jayjay2910 wrote: »

got a response on saturday from a mrs williams, senior recovery officer at south glos council, basically saying she dosent feel mrs hooper was rude or inaccurate and was merely reinforcing the fact that 1) you needed to contact the bailiff with your offer of repayment 2) in order to make an agreement which extended 8 weeks, the bailiff would need to attend. 3)that your file would not be recalled from the rundle & co

and that i had refused to give the baliffs a contact number so they couldn't call me about the matter.

the letter also states " south glosestershire council has instructed Rundle & co , that debts must be paid within 8 weeks, with no additional fees being incuured (if contact is made striaght away). however if that is not possible then bailiff must attend and see the reason why this cannot be met, if appropriate they are able to levy on goods to the value of the debt outstanding. I must stress that goods are only siezed if an arrangement is broken.

goes on to say to contact rundles to make a formal arrangement and that they have not be able to up hold my complaint. but i can take it too stage 2 if i feel that they have been unable to reslove my complaint or to contact them with further information

so not sure what to do next, as the council is insisting i let the bailifs attend and make a levy, which goes against every bit of advice on here and the CAB and national debt line, do i right back and take it too stage 2 or make a payment when i am able of what i can afford and leave it at that.

I've had a lot of previous experience with them myself. Different company same thing. I've found the only way to get it returned to council is to completely ignore them. The same advice you have already been given. The council don't want the debt back they want it paid so will advise you incorrectly. It depends on what you want to do. I'd ignore them wait until they give up save the money in the meantime and if the council want to take further action then send them the savings you have accumulated so far and offer them something reasonable. The council debt will return to the original level when it returns to the council so it can actually save you money. If the bailiff wants to recover his fees he has to take you to the county court and they won't do that as all they will get is £42.50 and as council tax debt is higher priority than their debt they might not even get anything at all so they'll just write all their made up fees off including the £42.50. If you do however make a payment to the bailiff they use it to pay their own fees first before sending any to the council.

If you wanted a fight then go ahead but I fear that it might lead to higher charges somewhere.

jayjay2910

cheers, i will put the money aside each month and let the bailiffs take a hike :-) thought that might be the case, as the council want the money in these times of budget cuts as im sure my £1600 will make all the dfference and they will do what ever they can to make me pay

jayjay2910

got anthor letter this morning from the bailiffs stating a notice before entry

The above debt remains unpaid

i will be visiting your property during the week commecing 17 octoberto remove your goods

whilst the law allows me to rmeove your possessions in your absence, i would prefer you where present so that we can agree the list of items removed.

if you would like to rearrange the date of my visit or you know of any reason why this action should not take place on this date, you can telephone me on xxxxxxxx between 9am and 6pm monday to friday.

Even at this late stage, you would prefer to make the removal and sale of your goods unnesseccary by arranging to pay this debt you can call me on the above telephone number

mr cohen
certified bailiff

tel xxxxxxxx


i was under the impression that this is compelety rubbish and just a threating letter trying to scare the crap out of me and get me to enter in an agreement, they havent entered my home at all ever, this is now the 3rd visit they have made, what shall i do? shall i call them and say i can make a payment of x a month, but im not letting you into the property? my girlfriend is going up the wall at me over this. so any advice wold be greatly appreicated as everything ive read on here and the advice given is always the same.

HappyMJ

No don't call just ignore them they don't have a levy so can't take anything. Wait until Mr Cohen returns the debt to the council and deal with the council. If you pay them anything they will only use it towards their own fees and not pay any of the council tax off.

hallowitch

the bailiff letter is a load of bull even with a valid levy the bailiff must send you a letter giving the date and time the intend to re-enter a property to remove goods previously levied
p5 Forcing re-entry
The law upon the rights of bailiffs to force re-entry to premises in order to remove
goods previously seized has recently been clarified. In Khazanchi v Faircharm
Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that
bailiffs may only force re-entry where they are being deliberately excluded from
premises. It will thus be necessary in most cases for the bailiff to notify the debtor in
advance of the date and time of the visit in order to remove. If the debtor is then
absent from home, or refuses entry, force may be employed.



stick your guns don't allow them entry

If you want to take your complaint to a stage 2 ask them where In The Council tax (administration and enforcement) regulations 1992 it states a bailiff must levy goods before a payment plan can be set up
point out again that you are not refusing to pay this debt but you will not be giving the bailiff peaceful entry and due to your financial circumstances all you can afford is £xx per month