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Council Tax Debt And Bailiff Info Please Help!!

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  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 10 August 2012 at 10:32AM
    sworwood wrote: »
    can anyone help. Ive moved in with girlfriend about 5 years ago and have had my house rented out, last year i decided to sell and its been empty ever since . i got 6 months free council tax which ran out April of this year i offered tendring district council £40 a month they refused this saying it would not be enough to settle the account in 12 months so i was taken to court and now getting letters from bailiff's
    demanding the full amount £1238.75+£178.50 costs.
    is this legal as this charge is up to 31 -3-2013 how can i owe them up to march 2013 and its only august 2012 and to take me to court for it
    cant be right. what if my house sells next month will they have to rebate me.as the house is empty why cant i pay on a month by month deal. please help what should i do now.i don't want to rent it out again
    as to many bad tenants.

    your council tax is due in full on the 1st April each yr the government allows you to pay this over 10 mnts if you miss a payment you forfeit the right to pay in installments and the full amount for the financial yr is then due if your house sells before 31st march /13 you would be entitled to a rebate for the period after you sold the property

    NOW for the bailiffs

    was this letter hand delivered or delivered by royal mail (what bailiff firm is it?)
    bailiff fees are set in legislation £24.50 1st visit fee (with a view to levy goods where no levy is made
    2nd visit fee £18 (as above)

    to accumulate £178.50 in bailiff fees your bailiff would have to have been to your home and levied on your goods (could be a random car parked outside your home)
    however to levy goods the bailiff must leave a notice of seizure listing the goods levied

    you do not have to deal with the bailiff you can pay the council direct using there on-line/phone payment facility
    as long as you don't let them into your home and your car (not your partners her car is safe the debt belongs to you ) is kept well away from your home (if its on hp or has no value /old banger) there is very little the bailiff can do except eventually return the debt to the council

    bailiffs collecting council cant force entry regardless of what they say and they will have plenty to say locksmiths police even in your absence prison all not true its scare tactics to get you voluntary give them peaceful access to your home to levy goods and bump up there fees

    regardless of who you pay legal bailiff fees must be paid

    you need to send this to the bailiff firm with a copy sent to the revenues department of your council (can be sent by e-mail)
    My Name
    My Address
    To:
    Acme bailifflink3.gif Co
    bailifflink3.gif House
    Ref: Account No: 123456
    Dear Sir
    With reference to the above account, Can you please provide me with a breakdown of the charges.
    This includes:
    a - the time & date of any Bailiff action that incurred a Fee.
    b - the reason for the fee.
    c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.
    d - the name(s) of the Court(s) the Bailiff(s) was/were certificatedlink3.gif at.
    e - the date of the Certification.
    This is not a Subject access requestlink3.gif under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.
    I require this information within 14 days.
    Yours faithfully

    you should also confirm with the council not the bailiff firm

    how much the liability order was for
    the date it was passed on for enforcement
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
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