Bailiff, Council Tax, Benefits!

jayboi2005

Such a bad combination to be finding myself in, however I am trying to sort this out. If anyone has any good advice apart from the obvious 'pay up' it would be greatly appreciated.

I'm partially sighted, along with a nice selection of other health problems that unfortunately mean I'm unable to work.

Anyone in this situation should feel bad enough, I certifiably do. But I'm not able to change things like my eye sight.

However I was hoping I can fix this situation, after trying I've found there's not a great deal I can do to change this.

I claim ESA & DLA, I'm already making difficult choices between hear and eat. As well as paying numerous other bailiffs off for various silly things that happened when I lost my sight and job.

I was ill in hospital and away from home for a while due to this, so I wasn't able to respond to the council. I now find that they have taken me to court to get 10% of the council tax that all benefit claimants now have to pay.

I owe them £318

I called the council, and they refuse to speak to me over this matter, and refer me to the private bailiff company they are using.

They have asked me what I can afford to pay, and unfortunately it's £1 a week. I said I'd pay more when I can but I can't make a promise of more than that at this moment in time due to other massive priority debits like utilities the meters are always going off as it takes money and puts me in debt.

They refuse the payment and have asked for £23 a month and said if I don't meet that payment arrangement they shall send the bailiff weekly and I'll be charged £18 per visit made.

So me making my £1 a week token payment at the moment means I will never bring the debt down.

I understand that the government has decided that benefit claimants now pay 10% of their council tax bill and that's fine however it's a little difficult when they send companies to collect like they are. You cannot get blood out of a stone.

Is there anything I can do? Can I take them to court and get a judge to agree a fair plan with me? What can I really do?

ONE THING I WOULD LOKE TO POINT OUT, SOMEONE CLAIMING THE SAME BENEFITS AS ME IN ANY AREA OF THE COUNTRY GETS RHE SAME AMOUNT OF MONEYN AS I DO. YET IVE FOIND OUT THAT POPPE WHO LIVE IN CHESHIRE WEST COUNCIL AREA DONT PAY ANYTHING THEIR COUNCIL ABSORB RHE WHOLE COST.

I LIVE IN CHESHIRE WEST AND I HAVE TO PAY, HOW IS THIS FAIR? IM ON THE SAME MONEY, IT FEELS LIKE A NEW POSTCODE LOTTERY.

Thanks for readings and I hope someone has some ideas here.

BigAunty

Go to the Debt Free wanabee board to see if they can help you come up with a debt management strategy, not just for your CT but the other ones you mention.

RAS

Hi

Less is more when it comes to sorting out this sort of stuff.

I am struggling to extract what matters from your screed.

However I am astounded that £318 is 10% of your Council Tax Bill for the year. Is your CT assessment really £3180 per annum?

If not, then what you have is a bailiff pre-loading a CT bill with fees.

Have you let the bailiff into your house, ever?

Have you signed any documents listing your belongings or had one put through your door listing a vehicle?

Which bailiff company is this, please.

Jobseeeker

Do you live alone? are you getting the 25% discount?

dandelionclock30

Go to the CAB and ask them to help you with it or the Consumer Credit Counselling Service. Tel 0800 138 1111 its
Freephone - including all mobiles
Say your prepared to agree a plan with the council but want them to call off the baliff. They should be able to sort it out for you.

nannytone_2

OP. you say you were in hospital for 'a while' and so couldnt respond to the council about the council tax semands.
how long were you in hospital?

council tax is your PRORITY debt, and as such chould be given the most money to brng your account upto date.
have you contacted your other creditors to try and lower their payments?

jayboi2005

All my creditors are getting minimal payments, by the time I've done this and paid for everything I need to there is nothing left.

I don't drink, I don't smoke and I don't drive so I'm not wasting any money around.

Yes the bailiff is loading fees, my bill was £1087.93 I think for a year and I was due to pay 10% of this so I'm told.

I was in hospital for 16 weeks in total, & if I was at home the best description I have is I wasn't really functioning in any logical way.

However now I am, and I want to try and sort this.

The bailiff will be adding £18 per week, for each visit.

No I've never let them in, I don't open the blinds anymore and I try and make sure there's no one out there before I leave to go through the door. Nothing's ever listed or signed.

By letting them in, I'll just end up making my life worse and they will no doubt take what little I've got.

The company is Bristow & Sutor, they asked for all kinds like telephone numbers, email addresses, national insurance number all which I didn't give them.

I told them is be in touch, however I won't be making their requested £28 as it's not possible. I also said I'd pay the token payment of £1 per week while I was sorting this regardless of them accepting my offer or not.

National_Debtline

Hello there.

You're absolutely right not to let them in. So long as the bailiff never gains 'peaceful' access to the proeprty you are in a very good position. In addition, the maximum that they can legally add in fees is £42.50 - this is made up of £24.50 for their first visit and £18 for the second. They cannot charge any more than that unless they get in to the property. You should consider challenging their fees, but do this in writing.

As you have not let them in, the bailiff only has two options. The first is to accept the amount you wish to pay them. The other is to pass the file back to the council. Some people simply hold on to their money until the file is passed back.

Given the information you have posted it is likely that you are regarded as a 'vulnerable person' due to ill health. This means that the bailiff *should* be treating you with a much greater degree of sensitivity in accordance with the National Standards for Enforcement Agents. You can read more about those here:
http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf

Once the debt goes back to the local authority you may be able to see if they will allow you to repay the arrears via a direct deduction from the ESA. This is usually taken at a rate of around £3.60 per week.

Do you have other debts?

Here is a link to our Bailiffs and Council Tax fact sheet. Really hope you find it useful!

http://www.nationaldebtline.co.uk/england_wales/factsheet.php?page=02_bailiffs_and_council_tax

Best wishes,

David @ NDL.

RAS

jayboi2005 wrote: »

Yes the bailiff is loading fees, my bill was £1087.93 I think for a year and I was due to pay 10% of this so I'm told.

The bailiff will be adding £18 per week, for each visit.

No I've never let them in, I don't open the blinds anymore and I try and make sure there's no one out there before I leave to go through the door. Nothing's ever listed or signed.

The company is Bristow & Sutor, they asked for all kinds like telephone numbers, email addresses, national insurance number all which I didn't give them.

OK

A few basic facts:

1. paying your Council tax is a priority debts; if you have any other debts you need to stop paying those.

2. Looks like you owe £108.80 plus the magistrates fees.

3. Bristow and Sutor cannot add the fees they are quoting. The total they can charge ontop is £42.50 if they deliver 2 letters, no more.

Do you have any way of recording any further phone calls they make to you? If so, please do that and tell them you are doing it when they start, because they will avoid maing these illegal threats on record.

Note that you may well be able to get this debt taken back in-house given your health problems. Unfortunately Many Councils have outsourced their CT managment to companies who owen bailiffs.

Can you find out who your local Councillor is and when their next surgery is taking place. Make an appointment.

Can you find out

pmlindyloo

I would urge you to contact Stepchange http://www.stepchange.org/


They are a free debt management company and have an excellent reputation.


If your total debts are under £15000 a Debt Relief Order may be one option.

Housing_Benefit_Officer

jayboi2005 wrote: »

ONE THING I WOULD LOKE TO POINT OUT, SOMEONE CLAIMING THE SAME BENEFITS AS ME IN ANY AREA OF THE COUNTRY GETS RHE SAME AMOUNT OF MONEYN AS I DO. YET IVE FOIND OUT THAT POPPE WHO LIVE IN CHESHIRE WEST COUNCIL AREA DONT PAY ANYTHING THEIR COUNCIL ABSORB RHE WHOLE COST.

I LIVE IN CHESHIRE WEST AND I HAVE TO PAY, HOW IS THIS FAIR? IM ON THE SAME MONEY, IT FEELS LIKE A NEW POSTCODE LOTTERY.

Thanks for readings and I hope someone has some ideas here.

The Government scrapped Council Tax Benefit on 1st April 2013. It was replaced with a local council tax support scheme. Each council has had to design its own benefit scheme - about one fifth still give 100% benefit to working age claimants - the rest charge upto 30%. The Government only gives 90% subsidy now and have instructed councils to protect pensioners and the vulnerable - there is no definition of what a vulnerable person or family is. Some councils have decided those who get DLA are vulnerable some have decided lone parents with children under 5 are vulnerable. You can have people with the same circumstances in different parts of the country getting full help or only 70% help.

It might be worth asking your local council for their definition of vulnerable residents is. And then appealing against their definition to the valuation tribunal.