Saffronflowers takes on the Bailiffs Diary

smashedbooboo

I would love to know how the councils use our money when the majority pay in advance for a service we have not yet had. And why pay over ten months when it might make it a bit easier to pay over twelve. If they start charging for emptying bins i know where my bailiff letters will be going. sorry saffron. on one. Mad as hell. Will be watching this thread to see how you go on. My council also told me that the bailiff could charge what they liked. Soooooooooooooooooooo wrong.

saffronflowers

I had my meeting with the council yesterday and it was really fascinating.

He has asked me to come to a meeting with them "to put them on the spot"!!! (scarey) - but it will be really interesting.

Though we are at opposite ends of the scale when it comes to the use of bailiffs and their conduct we both agreed there needs to be a system of checks and balances put into place which he has asked me to put up a proposal.

As far as the percentage surcharge goes, he said that he will ask them to bring evidence to the meeting and if they try and justify and illegal charge then he will call their contract into question!!!!!

So all in all it was very constructive and in the next two weeks we really should acheive something and you will be able to read about it in the super soraway Sun!!!

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saffronflowers

Just bumping incase anyone is interested

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smashedbooboo

I will be following this with interest. Good luck to you and hope it all goes well. I wish i was that room with you. What proposals are you going to suggest to them. Dont let them back you into a corner or bully you. Will be thinking of you this aft. xxxxxxxx

saffronflowers

Yup I have to say that I was a little stunned whe the Head of Revenue asked me to attend to "put them on the spot"

Some ideas I have had:

That Bailiff Charges should be sent on the letter sent out by the council before they send it to the Bailiffs.

An agreement on what is a reasonable offer of repayment -

Monthly random checks on maybe five - ten accounts to see that the bailiff has acted correctly and politley.

Anyone have any other thoughts I would be interested to hear.

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moneymare

Once we obtain a Liability Order through the Magistrates Court, we will send a Liability Order Questionnaire to the individual along with a 'Schedule 5' which clearly details Bailiff Charges, should the account be sent to them.

Obviously, as part of the 'other side', I will defend the action the local authorities have to take as part of their duties to collect Council Tax. Whether we like it or not, it is a Tax and we are legally bound to pay it. Legislation dictates that should an instalment not be brought fully up to date within 7 days, then the Council have the right to request the remaining balance for the year in full.

As a final aside, in my authority's case, an individual will receive the following before an account is passed to the Bailiffs.
1) Bill
2) Reminder

---

3) Summons
4) Liability Order Questionnaire (LOQ)

Therefore at least 4 documents will have been issued before an account will be passed to the Bailiffs - the individual has the chance on receipt of both the Summons and the LOQ to contact us and make arrangments to repay the balance - should they choose not to, and other avenues of recovery are not suitable, then the account is finally passed to bailiffs. It is a last resort.

Finally, in the past 18 months, due to lack of support from the Local Magistrates, the authority has reduced the number of cases it puts forward for Committal Hearings - they are now however, increasing the number of Bankruptcy applications, as it is proved a more useful leverage in getting people to pay.

saffronflowers

Thank you for that - I dont disagree with the use of Bailiffs, I just hate their behaviour, this is why we council and myself want to set up a system that works for both sides.

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misspoppy

Well done with the progress you have made.

I think they should have a two part document that is signed by a person to prove that they have visited and put through the door if they were not home, this would prevent blatent lies of visits.

Storm

I think that if the council is passing the debt to bailiffs they should write to inform you, and inclose some basic information about what powers the bailiffs have, what your rights are, where you can get more information, and who to contact if you believe the bailiffs are acting improperly.

If council's did this it would protect them from situations like this, and enable individuals to more easily spot a lie or malpractise on the part of the bailiffs and report it!

As I'm sure a contract with a local council is very lucrative for bailiffs too then I think the council should also insist on a fee tariff, that can also be sent to individuals.

RAS

moneymare wrote: »

Once we obtain a Liability Order through the Magistrates Court, we will send a Liability Order Questionnaire to the individual along with a 'Schedule 5' which clearly details Bailiff Charges, should the account be sent to them.

moneymare wrote: »

Legislation dictates that should an instalment not be brought fully up to date within 7 days, then the Council have the right to request the remaining balance for the year in full.

As another poster commented, if someone is struggling to make the monthly payment, why do you think that they are suddenly going to be able to magic the whole year's tax from somewhere?

All that happens ids that a small problem becoems completely insurmountable and they go off in their heads and give up trying.

I actually did not have a problem paying, but initially got into a mess because I accidently gave the bank the DD documentation.

moneymare wrote: »

As a final aside, in my authority's case, an individual will receive the following before an account is passed to the Bailiffs.
1) Bill
2) Reminder

---

3) Summons
4) Liability Order Questionnaire (LOQ)

Therefore at least 4 documents will have been issued before an account will be passed to the Bailiffs - the individual has the chance on receipt of both the Summons and the LOQ to contact us and make arrangments to repay the balance - should they choose not to, and other avenues of recovery are not suitable, then the account is finally passed to bailiffs. It is a last resort..

In the real world, people are struggling to cope with other family and ill-health. I did not respond because i was dealing with a paranoid and deluded parent, at long distance. At time I literally put down what I was doing, packed a bag and got into the car. Then went into work straight from my parent's home (200 miles) and spent all evening trying to sort out their mess.

There are hordes of people on here trying to cope with their own or family members chaotic lives.

have to go will follow up later.