Newlyn Bailiffs

clough3779

Hi, please be gentle with me I don't usually post here but I'm after a bit of advice. I'll start from the beginning.. I phoned up my council last week to start paying my council tax by direct debit instead of just online. Whilst on the phone the guy asked me about a council tax debt of mine from last year. That was the first I'd heard of it although he said they sent letters and it is now with bailiffs. Then suddenly a couple of days later I had a letter from Newlyn about this debt. I contacted them to arrange a payment plan and they've offered me £176 a month for 3 months..I told them I can't afford this (I'm a single mother of 2 working part-time) there's just no way I have that kind of money. Then they asked for an inventory of goods and I said no. They've just called my mobile about half an hour ago and repeated the same conversation..ending with "it's being allocated to a bailiff and if you refuse to let him in the council can put you in prison".. Is this correct? I don't know much about these things and I'm getting very stressed over it . I'd appreciate if someone could advise if there's anything I can do...I have no qualms paying it at a lower rate! I tried contacting the council and they said there's nothing they can do. Thanks

CIS

"it's being allocated to a bailiff and if you refuse to let him in the council can put you in prison".. Is this correct?

If a bailiff cannot collect the money which is due then making an application to the magistrates court for committal to prison is an option for the council.

hallowitch

you cant get sent to prison for refusing to allow the bailiffs entry to your home to levy goods
do not allow a bailiff into your home to levy goods keep your doors locked even when you are home as bailiffs can legally open your door and walk in
keep your windows closed

if you have a car move it well away from the street


don't speak to the bailiff on the phone unless you can record the call everything in writing and don't sign anything the bailiff gives you

you know you cant afford £176 a month if he Levy's(levy fees added) goods he will still want this amount or an amount you cant afford a default on payment by 1 day or paying a lesser amount will result in the bailiff demanding full amount outstanding with the threat of removing levied goods
this will also mean the bailiff can add a van/attendance fee of approx £180


the local authority (not the bailiff) may apply to a magistrates' court for the issue of a warrant committing the debtor to prison.

(2) On such application being made the court shall (in the debtor’s presence) inquire as to his means and inquire whether the failure to pay which has led to the application is due to his wilful refusal or culpable neglect.
(3) If (and only if) the court is of the opinion that his failure is due to his wilful refusal or culpable neglect it may if it thinks fit—
(a)issue a warrant of commitment against the debtor, or
(b)fix a term of imprisonment and postpone the issue of the warrant until such time and on such conditions (if any) as the court thinks just.


send an e-mail/letter (recorded delivery)to your council
explain your circumstances (single parent low income) make an offer of payment that you can afford without going into default include an income expenditure ask to pay by standing order /direct debit only (don't let newlyn /council tell you you must pay with a payment card or on line every week/month its a sure fire way on making sure you miss/pay late putting you right back where you are now )


And don't let the council tell you now its with the bailiffs there is nothing they can do
the debt belongs to the council the council employ the bailiff

FireWyrm

Dear <Insert Council contact name here>

Further to some recent distressing correspondence I have had with your representative <insert bailiff name here> I am writing to you in the hopes that you will assist me in a resolution of this matter.

I am a single parent with <number of children> under 18 whom I am responsible for and I earn <insert income> per calendar month. The bills that I absolutely must pay amount to <insert total> and I am therefore unable to meet my obligation in this matter. I am very frustrated by the actions of the baillif and have been given some distressing advice, namely that I may be sent to prison for non-payment of this debt. I understand that the requirement of the law is that I must pay this debt to the council but as you can see, I am experiencing very serious difficulty at this time. I do not wish to default on this debt, nor do I wish to suffer the humiliation of having to explain myself to a magistrate and so I am writing to you with an offer of an amount that I do feel comfortable with.

I propose to pay <insert amount> per month until this debt is settled on the proviso that you recall your representative and request that he does not attend my home with the purpose of levying for goods. I do not have anything very much to take and it certainly would not cover this particular obligation so I see no reason to continue down this path, especially as it will only incurre yet more debt that I will still be unable to pay.

I trust that this offer meets with your approval and that you will be contacting me at your earliest convenience to discuss the matter further if you require.

Yours Sincerely

<you...digital signature only>

vax2002

Unfortunately, the council act as bullies, liars and thugs, they just do as they please and you can not appeal as they most likely never went to court in the first place.
Attend the council tax office and ask them to prove the debt and produce a copy of any liability order they claim to have so you can "appeal" the case at court they claim to have attended, not a letter referencing to the order, the actual written order itself complete with wet signature, court stamp, case number and magistrates name and position at side of signature.
9/10 they dont have one, they just pretend to.
How can a Bailiff enforce a "liability order" that can not be produced, it either exists or it does not. END of story.

HappyMJ

vax2002 wrote: »

9/10 they dont have one, they just pretend to.

9/10...So are there some out there? Have you ever seen this mysterious 1/10. I haven't. Apparently the liability order is just a computer entry.

CIS

Obviously the thousands of liability orders scanned to the computer system I use at work are a figment of my imagination ? (as obviously are the original copies sitting in boxes in the filing storage ??)

HappyMJ

CIS wrote: »

Obviously the thousands of liability orders scanned to the computer system I use at work are a figment of my imagination ? (as obviously are the original copies sitting in boxes in the filing storage ??)

How can I get a copy of one from my local council?

clough3779 wrote: »

Hi, please be gentle with me I don't usually post here but I'm after a bit of advice. I'll start from the beginning.. I phoned up my council last week to start paying my council tax by direct debit instead of just online. Whilst on the phone the guy asked me about a council tax debt of mine from last year. That was the first I'd heard of it although he said they sent letters and it is now with bailiffs. Then suddenly a couple of days later I had a letter from Newlyn about this debt. I contacted them to arrange a payment plan and they've offered me £176 a month for 3 months..I told them I can't afford this (I'm a single mother of 2 working part-time) there's just no way I have that kind of money. Then they asked for an inventory of goods and I said no. They've just called my mobile about half an hour ago and repeated the same conversation..ending with "it's being allocated to a bailiff and if you refuse to let him in the council can put you in prison".. Is this correct? I don't know much about these things and I'm getting very stressed over it . I'd appreciate if someone could advise if there's anything I can do...I have no qualms paying it at a lower rate! I tried contacting the council and they said there's nothing they can do. Thanks

Nothing they can do. Well according to that statement there is nothing you can do either. You've made your offer and it has been refused. You will not go to prison for that. If council did decide to raise committal hearings it will be thrown out of court.

I would stop dealing with the bailiff at all and let the bailiff return the debt to the council in his own time. You can't speed this up unless the council say there is something they can do. So just wait. Continue to offer your affordable payment if ever asked.

Red_dog_Sam

vax2002 wrote: »

Unfortunately, the council act as bullies, liars and thugs, they just do as they please and you can not appeal as they most likely never went to court in the first place.
9/10 they dont have one, they just pretend to... QUOTE]

<Yawn!> You're at it again. Why you continue to taint these boards with your particular brand of unsubstantiated, inaccurate and unhelpful "advice" I do not know.

OP - Be assured that hallowitch & CIS know their stuff.

CIS

If council did decide to raise committal hearings it will be thrown out of court

Probably wouldn't be thrown out on that basis - more likely the magistrate would order a payment arrangement.

HappyMJ

CIS wrote: »

Probably wouldn't be thrown out on that basis - more likely the magistrate would order a payment arrangement.

Who pays the court costs? If the OP has been offering small payments the council refuses and takes matter to court for committal will the court order a payment arrangement of the same amount the OP is offering and order the OP to pay the court costs. I find that highly unlikely. That's what I meant by thrown out they'll order the council to pay the court costs and at about £250 it isn't cheap action for the council to take. The council has to prove the OP has been willfully refusing to pay it and they can't.