Council Tax Debt - Bailiffs to attend for removal at 4pm

hallowitch

When you phone him don’t tell him you are recording the call
Tell him you are not refusing to pay this debt but all you can afford is £20 per week (he will refuse to accept this payment) because the council want more or he needs to levy goods to accept a payment plan
Tell him that you taken advice and you now know you do not legally have to allow him into your home to levy goods therefore you won’t be allowing him peaceful entry ( now you just listen to what he has to say) he may threaten all sorts including locksmith police forced entry committal to jail
You simply tell him fine then I suggest you carry on as you will not be allowing this to happen and if he can’t accept your payment then he should return the debt to the council and you will deal with them (if he says OK) tell him this will be by standing order only and to put the payment agreement in writing including bank details information to set a standing order if he refuses say fine send the debt back to council and I will deal with them
If you get the chance (he may have hung up on you by now) ask him to explain why you balance has increased from £451.50 to the £683.50 he claims you owe he will say attendance fee enforcement fee etc. ask him where in regulation 45 seclude 5 of the council tax administration and enforcement regulations is says this fee can be charged

Tell him thanks very much for your information do you think you are a fit and proper person to hold a certificate because you have exceeded your powers and charged fees that are not set in legislation and can you confirm that your court of certification is xxxx

and please please please keep your car well away from the house if he manages to get a levy on it its game over and you will be charged more in bailiff fees and he wont accept £20 a week /month he will ask for £100 + to clear the debt in 3 months and any late payment (even by one day) or missed payment will cost you approx £200
cant find the letter you intend to send can you post a copy of it up before you send it

montymud

Just hand worte this out to give to them through the letter box



Dear Sir/Madam

Re: Your Reference

/B]NAME OF[B Authority appears to have instructed you to recover /B]COUNCIL TAX ARREARS/PARKING TICKET/DESCRIPTION OF DEBT[B and I am receipt of your document of /B]DATE[B.
This notice directs that you are not being given entry to my home or to levy goods contained within. This notice revokes your entitlement to charge a Walking Possessions fee and an Attending to Remove fee. Please be advised that if your fees are found to contradict prescribed regulations namely /B]INSERT RELEVANT LEGISLATION FROM THE LIST BELOW[B, you may be liable for criminal prosecution under section 1 to 5 of Fraud Act 2006, and I will automatically file a Form 4 complaint at the certificating court.


[Your fees quoted on your document appear to be inconsistent with prescribed regulations, please provide me with a breakdown of your fees so we can make a more informed decision on whether they are lawful. For the avoidance of doubt that in your failure to provide me that breakdown in seven days, I will automatically pass the matter to the cerificating court and to the police for criminal investigation under Sections 1 to 5 of the Fraud Act 2006.]
Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property, if a bailiff threatens me with getting a locksmith without a levy or tries to break & enter my home, I will automatically make a complaint to the police and the bailiff may receive a criminal record and will not be allowed to continue trading as a certificated bailiff.




Yours Faithfully

=booboo=

Just popped in to see how its going.. Im glad youve had some awesome advice and are confident enough to take the bayliff on now.

It just goes to show the tactics they will employ!! Best of luck!!

MentalMinnie

Bloody chancers aren't they !! Good luck for 4pm, come back afterwards and let us know! x

deeleybopper

i just wanted to wish you the best of luck with this - stay calm (let them be the ones to be annoyed), perhaps close your curtains, put on a radio, to lessen the feeling of intimidation...I hope you sort your first payment to the council and resolve this calmly. GOOD LUCK

hallowitch

montymud wrote: »

Just hand wrote this out to give to them through the letter box



Dear Sir/Madam

Re: Your Reference

/B]NAME OF[B Authority appears to have instructed you to recover /B]COUNCIL TAX ARREARS/PARKING TICKET/DESCRIPTION OF DEBT[B and I am receipt of your document of /B]DATE[B.
This notice directs that you are not being given entry to my home or to levy goods contained within. This notice revokes your entitlement to charge a Walking Possessions fee and an Attending to Remove fee. Please be advised that if your fees are found to contradict prescribed regulations namely /B]INSERT RELEVANT LEGISLATION FROM THE LIST BELOW[B, you may be liable for criminal prosecution under section 1 to 5 of Fraud Act 2006, and I will automatically file a Form 4 complaint at the certificating court.


[Your fees quoted on your document appear to be inconsistent with prescribed regulations, please provide me with a breakdown of your fees so we can make a more informed decision on whether they are lawful. For the avoidance of doubt that in your failure to provide me that breakdown in seven days, I will automatically pass the matter to the certificating court and to the police for criminal investigation under Sections 1 to 5 of the Fraud Act 2006.]
Please be advised it is not a "criminal offence" for me to deny a bailiff entry to my property, if a bailiff threatens me with getting a locksmith without a levy or tries to break & enter my home, I will automatically make a complaint to the police and the bailiff may receive a criminal record and will not be allowed to continue trading as a certificated bailiff.




Yours Faithfully

yes that will do fine
remember just because you have given this doesn't mean he cant levy on your car
also remember you will have to park your car away from the house for the foreseeable future there is nothing to stop the bailiff coming back at any time in hope you have a car on your driver or outside your house (its been known for bailiffs to note reg of car and not leave a notice of seizure ) and they Will do this at any time day or night through the night then produce a notice of seizure when challenged
and be aware of who is round about when entering or leaving the car

RAS

montymud wrote: »

My mother in law said she can pay £100 from her debit card to the Bailiff.

Do not pay a bailiff using any sort of card - they just take the whole sum. Although with the recording you have, you might stand a chance with the bank.

RAS

Herbie21 always suggest that people "sell" their car to someone they trust implicitly. Would you be able to transfer ownership to MIl for £1?

Since I do not have a car, you need to make sure that you do it in a way that makes it legal for you to drive it.

montymud

I would just like to say a huge thank you to everyone on here that has helped, more people I am indebted too lol! Well they haven't thus far turned up although the letter is stuck to the door. RAS what an excellent suggestion regarding the car - I will be getting that done!

Tonight I will be spending most of the evening putting together the required letters to try and get the debt returned to the coucil to see if I can sort it out that way. I will also be sending the Bailiff Company (Chandlers Ltd) a posted copy of the letter above and if they fail to reply within the 7 days I will be making an official complaint agains the certified Bailiffs using the Distress for Rent Rules 1988

My aim at the end of all this is to make sure the Bailiff does not bully me into paying anything, make sure that they are not trying to overcharge me and finally make no payment to the Bailiffs but only to the council directly and ensure the debt is returned to the council and is no longer the Bailiffs concern.

I feel like a growing encyclopedia at this stage and I am truly greatful to all the amazing people here at money saving expert forums who have helped.

I am not sure if you know how invaluable this has been but let me try and express this:

This morning I was a complete wreck, crying and not being able to find a pen even though there was one staring at me. I was in a complete panic and spent a while on the loo I must admit lol!! euugh! After getting on here and getting the advise from you all I was able to 'pull myself to together' and now I am going to take on that horrible unhelpful Bailiff and by God I am going to win.

Plus on a more long term scale of things I will be getting an IVA - I know that council tax does not fall under this but clearly I have let my life spiral out of control and it's time to take it by the reigns and sort it out. I will keep you all posted with my progress through it all.

On behalf of me and my family I sincerely thank you all for your help today - I would have been lost without you all.

=booboo=

Im glad you found the support that helped you find your strength!!

Good luck for the future, let us know how you get on!