Council Tax Baliffs - Need advice

Cooki_Mnster

I recieved an intended notice of seixure of goods and inventory for unpaid council tax yesterday which I had been left by a baliff whil eI was at work.

following the advice of a post on here (Council Tax and Bailiffss ref only no posts allowed)

I sent this:

Dear Sir/Madam,
Re: Your Reference

I understand XXX Council has appointed you to recover my Council Tax Liability arrears for 200x of £xxxx.

Firstly I would like to make you aware that I am fully aware of my rights and you will not gain entry to my home under any circumstances to levyicon goods and I know the fees allowed under statute and when these fees can be applied.

Due to my circumstances I am unable to pay this in one payment. I advocate a payment schedule of 24 months with 23 months payments at £xx.xx and the balance of £xx.xx to be paid on the 24th month to cover the principle. I understand this may seem a long time but this is a realistic offer that is affordable to me and will allow me to pay future bills issued for Council Tax without them falling into arrears. A greater amount would cause me real and actual hardship.

I am able to pay the above amount on the xx of each month, as an act of good faith I have enclosed the first payment chq number xxxxxx. Please advise how you would like future payments made. My personal preference is payment by Standing Order.

It should be noted that I am not at any point refusing to pay this debt but only asking for a fair payment period considering my circumstances. And if you are unable to accept my offer I will place the money aside each month until such a time the council take the account back into their management, when I will make payment of the set asideicon money to the council.

Please also send an itemised statement of account that clearly shows what charges have been added and what for, you are required in statute to supply this information and I look forward to this within 14 days.

I am sending the council a copy of this letter and requesting that it be filled with my account for further reference.

I hope the above meets your approval and I look forward to your timely reply by letter.

Yours faithfully,

I have recieved this in reply:

We are in receipt of your email, the content of which is acknowledged.

We are in receipt of a Liability Order issued by Colchester Magistrates’ Court on 26.7.13., to collect the Council Tax owed to Tendring District Council in full.

Accordingly, in the absence of payment in full and prior to any arrangement being agreed on this debt, our Bailiff will have to visit your premises to levy on goods to secure the debt and agree a repayment plan at that time.

Action will be with held for 7 days in order that you may contact Mr. S on xxxxxx to arrange a suitable time/date for a visit.

CTX Admin Dept
Collect Services Ltd.

Any help or advice on this I would appreciate this, I have never had an issue like this before and to say it has shook me up and panic me is an understatement.

All advice is very much appreciated.

Sazzie23

Ooh CookiM

I know council tax is one of those priority debts, but don't know much else. Sure someone on here will have the answer though.

Have you been on the Stepchange website, they have some advice on bailiffs and stuff?

HappyMJ

Sazzie23 wrote: »

Ooh CookiM

I know council tax is one of those priority debts, but don't know much else. Sure someone on here will have the answer though.

Have you been on the Stepchange website, they have some advice on bailiffs and stuff?

Council tax itself is a priority expense to avoid going to court and getting a liability order and then having bailiffs visit and take stuff. Once it's gone to court Council tax the debt doesn't have the same priority. It can be paid after the current council tax bill is paid.

The letter looks good. The reply can be ignored. You do not have to let the bailiff in and therefore if you don't let them in to levy on goods they won't agree to the payment proposal and the debt returns to council where you can make a much more realistic offer of payment. By returning the debt to the council you do not have to pay the bailiff any fees.

ALIBOBSY

I think I would email back and refer them back to the letter. Say you will not be letting them in nor will I allow goods to be levied against.

May be worth contacting the council? maybe if they know you want to start making payments they may be prepared to take things back "in house". Don't let them in though no matter what. The baliff just wants access and a levy so they can grab your stuff as soon as . They don't really want an offer, they want lump sums really.

Isn't there a specialist forum regarding baliffs online somewhere?

Think I saw a link to it from the consumer action group forum?

Good Luck

Ali x

dancingfairy

So far, so standard. They're not going to just turn around and say 'oh well this person knows their rights we won't bother'. They are going to reiterate what they've said before. You owe the debt, we're collecting it and if you don't pay we'll come around. Which, frankly they're allowed to do. You still don't have to let them in.
Clearly their line about the bailiff coming round to levy before agreeing a payment plan is rubbish/threats. They can agree a payment plan anytime they like.
If you don't let them in they can only charge 42.5 I think (not sure if this is for 1 or 2 visits). If you let them in the fees will rocket and they will have much more power over you and can break in at a later date. It is therefore vital you don't let them in, no matter how much rubbish they spout about having to come in.
I would write to them again and point out that you have suggested a payment plan and you are happy to pay in installments but that you need bank details for them so you can set up a standing order (NOT direct debit). Keep a copy of the letter and certificate of posting etc.
If they still refuse then try and pay the council directly and ignore the bailiffs.
It is highly likely that they will continue to send you these sorts of letters. Stick to your plan and don't let them in.
df