Council tax 10 years old, Newylyn debt collectors payment plan

polly0705 · 26 November 2012 at 12:46PM

Hi please can anyone offer some advice? I received a letter two weeks ago from Newlyn debt collectors for council tax from 2002. This is the first I had heard of it as I thought it had been paid by my ex partner. They have said there is a liability order and I have to pay. They want 568.00 the bill is 346.00 so the rest is their charges. I explained my circumstances and said I do no have that kind of money to pay the debt with and requested a copy of the liability order, I have not received it. So i have had 5 letter in the last week saying they will be attending the property. One letter I had to pay postage as they didn't put any on, this letter said they had visited the house but I was in so I know they didn't and they have my car (i don't have a car) ready to seize, another letter said it was delivered by hand and i saw the postman put it through the letter box. I have just called them again and explained all this and they said I had to pay in full, I explained I do not have that kind of money, I was told to borrow it, so I argued my point they offered me a 3 month payment plan I said the most I could afford was 20.00 a month they refused, I asked to speak to a manager and they then extended it to 6 months at 94.00 a month, still more than I can afford so now I have been told I set it at 94.00 a month today or they will send the debt collector out. I don't know what to do, I'm pregnant and the stress isn't helping. Thank you in advance.

Red_dog_Sam · 26 November 2012 at 5:00PM

As you are pregnant you would count as a "vulnerable" person under the national standards for enforcement agents which bailiff firms are supposed to follow. You should make sure you tell the bailiffs and the council that you are pregnant - in writing too - as your condition entitles you to a more sympathetic approach and greater degree of discretion than otherwise.
The council's own policy may well be to withdraw bailff action against people classed as vulnerable - so talk to them as soon as you can highlighting the stress being caused whilst your are pregnant. If they agree to cancel bailiff action you can make an arrangement to pay through the council instead.
You also need the council to tell you how much the liability order(s) they have is for so you know how much you really have to pay. If the bailiff has not been in your home they can't apply charges more than around £42.50. But illegal charging is a common problem with bailiffs. As you don't have a car anyway, they could only start to ramp up the charges if they had already entered your property and you had signed a walking possession notice.
So DO NOT let them in. Keep doors and windows locked and don't open the door unless you know who is there. They can't break in or force entry.
You should be able to find other good and detailed advice on these forums. But start by ringing the council , explaining that you are pregnant and being placed under undue stress by thebailiff action and that the bailffs havenot given any regard to your position. The council are also reposnsible for how the bailiffs they employ behave and given your situation should consider cancelling the bailiff action.

polly0705 · 26 November 2012 at 6:39PM

Thank you Red dog Sam, I shall call the council back in the morning. I have called Newlyn this afternoon and asked to set up the DD even though I really can't afford it. They said they needed a payment today or within the next 7 days. If I do not pay the 94.00 then the bailiff will be sent out again and I will have to pay in full. I won' have any money until the 15th and tried explaining this. Looks like I'm back to square one. I shall see what the council say tomorrow. I won't let them in, but the thought if being trapped is scaring me. Thanks again.

hallowitch · 26 November 2012 at 6:48PM

when you paid the postman did he give you a receipt ?
have you kept the letters (and the envelopes) from newlyns

put everything in writing to the council and newlyns this can be done by e-mail

can you tell us exactly what the letter said about the car

how far on in your pregnancy are you
are you/your hubby working

hallowitch · 26 November 2012 at 6:53PM

forgot to ask has any of the letters been signed (wet signature) by a bailiff

can you record your calls on your mobile phone

hallowitch · 26 November 2012 at 7:05PM

They want 568.00 the bill is 346.00

this is not correct by any stretch of the imagination do you have this in writing
was it on the first letter you received or has the amount increased every time they have sent you a letter

bailiff collecting council tax cant charge for letters sent by royal mail

CAB_Swansea_Bay_representative · 26 November 2012 at 9:49PM

Hi Polly0705, thank you for your query regarding council tax
I would suggest you first contact the bailiffs and explain your pregnancy and ask them to treat you as a vulnerable person and then contact a debt adviser asap to advise you fully on your options and discuss disputing bailiff's fees with you. You can find information about bailiff's powers at https://www.adviceguide.org.uk and you can find your local Citizens Advice Bureau at https://www.citizensadvice.org.uk.
Hope this is of assistance

Council tax 10 years old, Newylyn debt collectors payment plan

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