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Bailiffs coming out over council tax

2

Comments

  • MFUK
    MFUK Posts: 13 Forumite
    Thank you, guess I will have to try and find someone's mobile to use tomorrow to ring the bailiffs and then ring the council tax again and find out the letters from when I was on benefits with the proof that I should have been getting it paid.
  • Elzmumof3
    Elzmumof3 Posts: 368 Forumite
    just be aware, it could be from years ago - this happened to me - i remarried and moved, and then in 2008 they came after me for CT from 2004!!

    hope you get it sorted
    January Wins - Gangster Squad Goodies, Sun Lotion
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  • MFUK
    MFUK Posts: 13 Forumite
    Elzmumof3 wrote: »
    just be aware, it could be from years ago - this happened to me - i remarried and moved, and then in 2008 they came after me for CT from 2004!!

    hope you get it sorted
    I lived in a flat in 2007 until 2009 and then moved into our current property all the while on JSA changing to IS when DD was born, then got a PT job in 2011, and still getting HB.
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    edited 7 April 2013 at 8:43PM
    don't bother phoning the bailiff he will fill your head with a load of tosh he cant get into your home using a locksmith and police get you sent to jail ect
    keep your doors locked and window closed (speak through an upstairs window or through the letterbox ) and if you have a car keep it a few streets away

    send an e-mail to the council revenues department and ask



    1 - how many Liability Orders they have against you
    2 - the dates they were obtained
    3 - the addresses they were for
    4 - the period of time each covers
    5 - how much each one was for
    6 - how much is still outstanding
    7 - the dates they were passed on for enforcement

    also make them (the council)an offer even if its £5 a week offer to pay by standing order
    tell them you are not refusing to pay the debt you cant afford to pay in full but will pay £5 by standing order every week and this the most you can afford without going into default tell them you wont be allowing the bailiffs access to your home to levy goods and you wont be paying the bailiff firm as they charge a fee for payments

    EDIT
    what bailiff firm is it ?
    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
  • HappyMJ wrote: »

    You will NOT go to prison for being unable to pay your council tax. Prison is reserved for those people who have the money and choose not to pay.

    That is not correct. Anybody can be sent to prison if they owe CT. They may be a millionaire or on basic benefits. You are sent to prison, for not paying.

    Whether you can and won't or can't and won't, it makes no difference.

    CT is a priory debt which means it takes priority over any other debt (excluding a mortgage) and must be paid. You will be expected to cut back on everything to pay it.

    If I had no money in the bank and lived on benefits, do you think that the courts would just give up on it if I told them that there is no way I can or will pay it?
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    posted by HappyMJ

    Prison is reserved for those people who have the money and choose not to pay

    the above is correct prison for not paying your council tax is only for wilful refusal or culpable neglect so the millionaire could get sent to prison for not paying (he can pay but choses not to for what ever reason)however the benefit claimant would not get sent to prison because he cant pay because he has no money (in situations like this payment is taken direct from their benefits )

    statuary legislation is very clear on this

    Commitment to prison


    47.—(1) Where a billing authority has sought to levy an amount by distress under regulation 45, the debtor is an individual who has attained the age of 18 years, and the person making the distress reports to the authority that he was unable (for whatever reason) to find any or sufficient goods of the debtor on which to levy the amount, the authority 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 to pay 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.
    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
  • MFUK
    MFUK Posts: 13 Forumite
    hallowitch wrote: »
    don't bother phoning the bailiff he will fill your head with a load of tosh he cant get into your home using a locksmith and police get you sent to jail ect
    keep your doors locked and window closed (speak through an upstairs window or through the letterbox ) and if you have a car keep it a few streets away

    send an e-mail to the council revenues department and ask



    1 - how many Liability Orders they have against you
    2 - the dates they were obtained
    3 - the addresses they were for
    4 - the period of time each covers
    5 - how much each one was for
    6 - how much is still outstanding
    7 - the dates they were passed on for enforcement

    also make them (the council)an offer even if its £5 a week offer to pay by standing order
    tell them you are not refusing to pay the debt you cant afford to pay in full but will pay £5 by standing order every week and this the most you can afford without going into default tell them you wont be allowing the bailiffs access to your home to levy goods and you wont be paying the bailiff firm as they charge a fee for payments

    EDIT
    what bailiff firm is it ?
    Thank you I will do that. I was going to offer to pay back £5 a week as this is all I can afford and even that's a bit of a struggle now. The last time I rang the bailiff he sounded a bit peeved that he wouldn't be able to get in when I told him I was waiting for proof of benefits to come. The bailiff firm is EQUITA. It says bailiff removal in big red letters. Then payment due in full in 24 hours, and telling me no further arrangements are acceptable and payment is now required in full by clear funds only. And saying they may remove goods even in my absence.
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    MFUK wrote: »
    Thank you I will do that. I was going to offer to pay back £5 a week as this is all I can afford and even that's a bit of a struggle now. The last time I rang the bailiff he sounded a bit peeved that he wouldn't be able to get in when I told him I was waiting for proof of benefits to come. The bailiff firm is EQUITA. It says bailiff removal in big red letters. Then payment due in full in 24 hours, and telling me no further arrangements are acceptable and payment is now required in full by clear funds only. And saying they may remove goods even in my absence.

    what council is it ?

    there is a good chance your councils back office provider is Capita that's why the council have been less than helpful
    Capita own 2 bailiff firms one of them is Equita

    Don't deal with council or Equita by phone everything can be done by e-mail

    you politely tell the bailiff that you would prefer all correspondence to be in writing so he wont be getting in to levy goods and you wont be discussing anything with him about repaying the debt

    if you have a car please don't park near your house at any time till you get this sorted


    if you are a single parent and/or on benefits you may be classed as a vulnerable debtor

    if you cant afford £5 a week offer £15 a month (that might be pushing it) do an income/expenditure and send it with your e-mail

    the bailiff removal letter is standard everyone gets one :rotfl:

    don't worry you be ok just keep them out hide the car offer to pay what you can afford

    payment only by standing order
    the only 2 reasons (in this day and age of instants payments) that bailiffs firms refuse this is because
    1) they can charge a fee for payment card
    2) if your one day late you go into default and they start all over aging hassling you for payment in full
    If they refuse to provide you with a method of payment 1)that doesn't charge a fee and 2)electronic (standing order) make a formal complaint to the CEO of the council
    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
  • hallowitch wrote: »

    if you have a car please don't park near your
    house at any time till you get this sorted





    :rotfl:
    don't worry you be ok just keep them out & hide the
    car




    Don't you think that your advice is wrong? You are suggesting to the poster that they secretly hide their assets in order that they cannot be siezed and sold to pay the Council Tax debt.

    It wouldn't surprise me to learn that you would be the first to jump up and down in anger if it became public knowledge that an MP or Minister had secretly moved all of his/her assets etc out of the country in order to avoid having to pay Capital Gains Tax or Inheritance Tax!
  • MFUK
    MFUK Posts: 13 Forumite
    hallowitch wrote: »
    what council is it ?

    there is a good chance your councils back office provider is Capita that's why the council have been less than helpful
    Capita own 2 bailiff firms one of them is Equita

    Don't deal with council or Equita by phone everything can be done by e-mail

    you politely tell the bailiff that you would prefer all correspondence to be in writing so he wont be getting in to levy goods and you wont be discussing anything with him about repaying the debt

    if you have a car please don't park near your house at any time till you get this sorted


    if you are a single parent and/or on benefits you may be classed as a vulnerable debtor

    if you cant afford £5 a week offer £15 a month (that might be pushing it) do an income/expenditure and send it with your e-mail

    the bailiff removal letter is standard everyone gets one :rotfl:

    don't worry you be ok just keep them out hide the car offer to pay what you can afford

    payment only by standing order
    the only 2 reasons (in this day and age of instants payments) that bailiffs firms refuse this is because
    1) they can charge a fee for payment card
    2) if your one day late you go into default and they start all over aging hassling you for payment in full
    If they refuse to provide you with a method of payment 1)that doesn't charge a fee and 2)electronic (standing order) make a formal complaint to the CEO of the council
    Sheffield City Council. I don't have a car but my next door neighbour does, can I prove to them it's not mine? I just wish they listened the first time, and then the week before last when I sent the proof off, but obviously they have to keep going on and either not reading the proof correctly or it wasn't sent off, they sent me a final reminder the day before I could go to the job centre and get them to send me proof, then I have got another one. I am going to try and find my local CAB office and see if they can help too. I am just petrified if my little girl is outside playing (as it's getting a bit warmer and it's difficult to keep a 4 year old indoors) and the back door is open and they just walk in.
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