council tax and bailiffs

scaredy_cat

Can anyone confirm that before a bailiff can attend to collect payment/goods for unpaid council tax, that there should have been a court notice first?

HappyMJ

Yes the council must have a liability order against you before instructing bailiffs.

scaredy_cat

ok, i've just found the invouces from the council - the 'debt' is for council tax the july installment of 110.27. I got this letter o one in aug saying than 11.07. Thent if it isn't paid than the whole year is due - i had been getting student exemption cos i was doing a ft degree course.

I have also been suffering from depression and at christmas it was most severe. I am getting treatment for it, but cos if it, i've been withdrawn and not opening post, answering doors - even to the postman! and not taking calls.

HappyMJ

scaredy_cat wrote: »

ok, i've just found the invouces from the council - the 'debt' is for council tax the july installment of 110.27. I got this letter o one in aug saying than 11.07. Thent if it isn't paid than the whole year is due - i had been getting student exemption cos i was doing a ft degree course.

I have also been suffering from depression and at christmas it was most severe. I am getting treatment for it, but cos if it, i've been withdrawn and not opening post, answering doors - even to the postman! and not taking calls.

It's in the early stages then. You owe £110.27 as you missed the payment of £11.07. Next you will get a summons then the court will issue a liability order. The council will give you another chance to pay it before it goes out to the bailiffs. It takes quite a few months to get to that point. If you can pay it now then try and pay it or the costs will increase quite dramatically. If you can't afford the whole lot then offer the council reasonable instalments and see if they accept.

scaredy_cat

i have found a letter from Rossendales about the CT dated 20 Sep 11 - it's the liability order.

I've had nothing since - i think - though there was a knock at the door last week which i didn't answer cos it was at 9am and i didn't get to sleep until about 3am. Nothing was put through the door.

The the knock this morning and the notice of attendance.

scaredy_cat

i am also now putting in a claim for JSA and asking it to be back dated to july as i finished my course in May.

scaredy_cat

and as a by the by - if i make a payment know on the Council website, what would happen?

and another thought - aren't they being a bit quick off the mark if the amount owed is from July 11 and i've had the bailiffs at my door 3 mths later?

HappyMJ

scaredy_cat wrote: »

i am also now putting in a claim for JSA and asking it to be back dated to july as i finished my course in May.

and as a by the by - if i make a payment know on the Council website, what would happen?

and another thought - aren't they being a bit quick off the mark if the amount owed is from July 11 and i've had the bailiffs at my door 3 mths later?

You can't backdate JSA. If you apply today your claim starts today.

If you make payment today to the bailiff they won't visit you again. If you make the payment to council the bailiff will still want his fees and will come and collect them. As the bailiff has no idea what you have paid to the council they will want the whole payment before they leave you alone.

If you have no money and are not working then claim council tax benefit from the council. You'll need to claim that seperate to the JSA claim. You can once you have your JSA payment ask for the money to be deducted from your benefit to pay the outstanding council tax.

Some councils are quick some are slow.

adi_clarke85

How quick a council is off the mark depends on the council, ive worked at some who remind the following month, and some who have reminded the day after a missed payment and therefore the recovery process was a lot quicker! Sounds like youve had a first reminder - 14 days to pay, final reminder a further 7 days, summons, generally a further 14 days and then the liability order - basically the process can take about 2 months to get to the bailiff stage. Of you pay to the council they should imform rossendales and the bailiff would then collect for the remainder

hallowitch

dint let any bailiff into your home to levy your goods if you have a car move it well away from the house keep your door locked (even when you are at home) and windows closed

if you speak to them they will fill your head full of nonsense

legally you do not have to let a bailiff into your home to levy goods before they set up a payment plan
they cant get a locksmith /police to enter your home to remove goods even when you are out
they cant get you arrested for failing to allow them entry
they cant have you arrested for failing to pay


as you are unemployed and suffering from depression you may be classed as venerable
you need to send an e-mail/letter (recorded delivery ) to rossendales (copy to the revenues department of the council) informing them that you are unemployed you have just made a claim for JSA also inform them that you are receiving treatment for depression (provide proof letter from doctor ,mental health team.) ask them to send your account back to the council as you are classed as venerable according to the national standards for enforcement agents 2002
http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/enforcement/agents02.htm

Vulnerable situations

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
• Those who might be potentially vulnerable include:
  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English.

vax2002

You can delay them by requesting a copy of the actual liability order, not a letter referencing to it.
It is a legal document that must comply on several fronts, court stamp, magistrate signature with title, case number, court.
You would be surprised to find out how many of these council tax liability orders can not be produced, because they never had one in the first place as they never went to court..
Kind of stalls them a bit...