Council refusing to accept payment

[stessedout]

Re: Council refusing to accept payment

Hi

I got a visit form the bailiff today. Luckily I wasn't in but he has left two letters for me.

Letter 1

Headed

ATTENDANCE NOTICE
THE CLEARANCE OF GOODS

Your debt remins outstanding despite our previous applications of payment.

I called today with transportation to remove your goods. I shall be calling back within the next 48hrs with the Police in attendance if necessary, to complete my task. This action will be taken without further notice.

I may sieze goods and remove sufficiant goods and chattels as are necessary to clear the debt at public auction, this may include vehicles. The cost of removal contarctores and autioners will be deducted from the proceeds of the sale of your goods.

TO AVOID THESE DISTRESSING AND COSTLY ACTIONS, CONTACT ME IMMEDIATLEY.

Removal Bailiff in charge: SIGNED


Second Letter posted through door by hand also:

Headed

FORMAL NOTICE OF INTENDED PROCEEDINGS

MAGITRATES LIABILITY ORDER DATED; OCTOBER 17TH 2009

We have attended to today with referance to the Liability Order, which has been issued in respect of unpaid Council Tax due to Gravesham Borough Council.

So far we have not been succesful in seizing your goods and chattels in respect of the above debt. However this does not mean that we will continue to be unsuccesful. Your actions leave no alternative but to call at your premises unannounced with suitable transport in order to sieze and immediatly remove your goods to public auction. The cost of removal contractors and auctioners will be deducted from the proceeds of the sale of your goods.

We trust that you will make this drastic and expensive course of action unnecessary by contacting our office immediatly.

In case of hardship we may be able to enter into an arrangement for you to discharge your debt over a short period of time.

Signed by Certificated Bailiff.




I guess my question is: Is this more posturing and threatening behavoir to try and get a levy. They don't have one. Not even on the car as I parked the thing about a mile away in a side street. BIG NUISANCE!!!!

Also can they charge in their fees the cost of attendance with a van if they don't have a levy on my goods.

As far as I'm concerned they can only charge me £24.50 for a first visit. Which this is. Then £18.00 for a 2nd visit. Surely they can't charge a fee for attendance with a van if they don't have the justifacation of being able to seize my goods without a levy.

Bailiff is still refusing to accept payments be installments and is demanding the full amount. I am still battling with the council and I have made the decision to make future payments to the council not the bailiff company.

Any comments on the above letters is greatly appreciated.

Thanks x

[veilside01702]

Re: Council refusing to accept payment

erm....this may sound nuts but.......they delivered the letter on 16th October 2009....
Yet it states 17th October 2009,,,,
Was this a typo by you or was it the 17th on the letter.....?
If it is theirs they maybe trying to add 2 loads of charges for today and tomorrow ?
But only coming round once......?
I notice it say's 'intended' proceedings and that the liability order has been issued....
How can they have done this tomorrow yet informed you today that it has been issued??
Sounds like more threats and posturing.....
You need to talk to Celestine to confirm this......
Only things I noticed from your post that seem as though they aren't telling the truth....
I don't suppose you have legal advice on home insurance or RAC, etc....?
Russ

[stessedout]

Re: Council refusing to accept payment

typo by me Liability Order 17th October 2008

[Amy]

Re: Council refusing to accept payment

I guess my question is: Is this more posturing and threatening behavoir to try and get a levy.

Yes.

Also can they charge in their fees the cost of attendance with a van if they don't have a levy on my goods.

No.

As far as I'm concerned they can only charge me £24.50 for a first visit. Which this is. Then £18.00 for a 2nd visit. Surely they can't charge a fee for attendance with a van if they don't have the justifacation of being able to seize my goods without a levy.

Correct, they also cannot charge for a 1st and 2nd visit on the same day. I would be inclined to send the SAR to the bailiff now. Bailiff - SAR - Legal Beagles because as sure as eggs is eggs these fees will have been added to your account.

[b16dlg]

Re: Council refusing to accept payment

unfortunately due to some poor financial decisions I have had extensive dealings with Council Tax led Bailiffs its Rossendales in my area.

Main thing to note is not to let them into your home and if your car is on finance they cannot touch it legally anyway as the car is not yours until you make the final payment.

If you are in when they turn up answer the door but step outside and lock your door behind you they do get a bit sneaky at times. Walk with them towards their vehicle and if they want to sit down then chat in their car. refuse them entry to your home they have no right to do this. Another thing you can do is tape the conversation on your mobile phone but clearly tell the bailiff you are doing this so it can be heard when played back.

My council tried the same thing of refusing to pull the bailliffs off at first so i simply told them i want to make a payment but you are refusing to accept my offer i am not refusing to pay. I then spoke to another lady who simply stated (off the record of course) the bailiff will return the outstanding bill to the council once they realise that you will not cave in or kowtow to their demands, at this point the council will send you a letter threatening prison or attachment of earnings. Simply phone the council make an offer pf payment backed up by a income and expenditure sheet.

Don't get caught with an attachment of earning however as it is based on a percentage of your earnings after they take away what is believed to be standard living costs.


hope this helps but its just a case of being strong, polite but ultimately resolute with the bailiffs, they have no right of entry remember that.

[finley909]

Re: Council refusing to accept payment

Stressed out: Have you had any response from your Council yet?