Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

[CleverClogs]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

I would send it to the council offices. It is at her place of work ready and waiting for her then. :beagle:

Why not send a copy to each address?

[CleverClogs]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

They will no doubt be looking for an exit strategy, as this one will not go away.

There is the obvious exit...

[cornish pasty]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Well had no reply whatsoever from Ann Lucus, not even a 'thanks for you letter I am looking into it'
But expected nothing else. CCC seem to think to ignore is to be exonerated from any blame.
Well it may have worked with others but it will not work with me, I want and will get answers by whatever means it takes

[labman]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

I'm delighted to hear your resolve. Much as I hate to be fair to CCC over this issue, it has only been 6 days since you sent the email. I'd be tempted to resend it in its entirety, with a note stating 'I am a little surprised I have not received even an acknowledgement of my previous email. Please could you (a) confirm receipt of it and (b) outline what steps you are taking to investigate this matter. Many thanks, Yours sincerely ........ or something similar.

You want to keep pressure on so they know you're not going away. :beagle:

[cornish pasty]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

I'm delighted to hear your resolve. Much as I hate to be fair to CCC over this issue, it has only been 6 days since you sent the email. I'd be tempted to resend it in its entirety, with a note stating 'I am a little surprised I have not received even an acknowledgement of my previous email. Please could you (a) confirm receipt of it and (b) outline what steps you are taking to investigate this matter. Many thanks, Yours sincerely ........ or something similar.

You want to keep pressure on so they know you're not going away. :beagle:

Email was sent 28th August, so been 2 weeks with no reply

[cornish pasty]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Still no reply or acknowedgement to the first or second letters and emails

[labman]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Looks like we need to get a more serious letter sent out. Do you, by any chance, know who your MP is, or which constituency you are in?

Leave it with me - if I haven't posted by Sunday afternoon, pm me as it means I've forgotten. If you're happy, I'll draft something for you.

[cornish pasty]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Looks like we need to get a more serious letter sent out. Do you, by any chance, know who your MP is, or which constituency you are in?

Leave it with me - if I haven't posted by Sunday afternoon, pm me as it means I've forgotten. If you're happy, I'll draft something for you.

Sherbourne apparently, I did a search by postcode

http://www.coventry.gov.uk/councillo.../18/sherbourne

[CleverClogs]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Sherbourne apparently, I did a search by postcode

http://www.coventry.gov.uk/councillo.../18/sherbourne

So which snollygoster is your MP?

http://www.writetothem.com/

[cornish pasty]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

So which snollygoster is your MP?

http://www.writetothem.com/

http://www.writetothem.com/who?pc=CV5+8HL

[labman]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Here you are. Make sure you send a copy to your MP as well, with a covering letter asking what support he is able to provide. I've attached the Word file as well in case formatting is messed up pasting in here:

[Address]

[Date]

Dear Sir,

Your Ref: abcd1234

I am writing again with regards to the above account. This is the third time I have written, but unfortunately as yet all my communications have been met with a steadfast silence. This has left me with the very clear impression either that you do not care, or that you are hoping by ignoring everything I write, this issue will conveniently go away. I can assure you it will not. In fact I have taken the step of copying in my MP this time, so I hope you may, at last, respond.


My complaint is due to the way in which my Council Tax Arrears were handled. It is probably important to point out to you that Coventry City Council is vicariously liable for the actions of its appointed Enforcement Agents, Newlyn.


On 1^st August 2013 I received a letter from your appointed Enforcement Agents for their fees. The Council Tax debt had been paid in full, and the fees for just two visits, amounting to only £42.50, remained outstanding. The letter, dated 29^th July 2013, was headed in bold font and capital letters, BANKRUPTCY PROCEEDINGS (see copy enclosed). It stated very clearly, “Failure to pay immediately will result in us taking our clients instructions to file for your personal bankruptcy.” It went on to say that following my bankruptcy, “They may be required to sell your home and any other assets you may have to satisfy your creditors.” All this for £42.50?


May I ask for a full explanation as to why you instructed Newlyn to initiate proceedings against me to file for my bankruptcy? A visit to the official Government Insolvency Service website at http://www.bis.gov.uk/insolvency/Publications states the following, in its publication A Guide to Bankruptcy:
3. How are you made bankrupt?
A court makes a bankruptcy order only after a bankruptcy petition has been presented. It is usually presented either:
• by yourself (debtor’s petition); or
• by one or more creditors who are owed £750 or more by you and that amount is unsecured (creditor’s petition).


At no point here do I see you had any legal basis for issuing the threat against which you made. The legal minimum threshold appears to be £750, a sum £707.50 bigger than that being demanded. You cannot imagine the devastating effect this had on me.


Such is the distress caused by this, I do not feel a simple apology is acceptable. I must therefore inform you that if an acceptable response, along with a suitable compensatory gesture, is not received in response to this fourth attempt to elicit a comment about the issue, the consequences for you and your appointed enforcement agents, with whom you are vicariously liable, could be serious.


The collection tactics you have used are despicable, and in my opinion would almost certainly constitute a criminal act, possibly as serious as blackmail, which, according to a law dictionary, is defined as, “an act, often a crime, involving unjustified threats to make a gain, or cause loss to another, unless a demand is met. This may include the threat of criminal prosecution, or threats for the purposes of taking the person’s money or property.”


You can judge for yourself whether or not the enclosed letter amounts to that. It is certainly an exceedingly serious issue, and one to which you should most definitely have responded at your earliest opportunity. Your delay, intentional or otherwise, has only served to prolong my distress over the matter. I hope that this final attempt to settle things in a more amicable way may be successful.


I look forward to hearing from you soon. I would expect a reply to be received by me within fourteen days of the date on this letter. This gives you plenty of time to consider the issue, decide on your compensatory gesture and reply to me. If I do not receive a reply within this time limit, I will have to assume you are intentionally trying to avoid the issue, and I will be taking further action.


Yours sincerely,





Print Name

[cornish pasty]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

Thanks for the lastest letter LB, wil get it sent in the morning to all parties

[bizzybob]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

The sad thing is that Newlyn may well in actuality tried to carry out the threat, as they are out of control, blundering around like a loose cannon and been prepared to attempt to make the Op bankrupt just because they thought they could. Great letter LM

One thought to mull over, if Newlyn had made good their threat and the inept council allowed them, would the Official Receiver have picked up on the petition being below the theshold, and booted it out; or would Newlyn have bumped it up to the £750 with spurious ATR and levy fees?

[TUTTSI]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

That is an excellent point BizzyBob.... that could happen.

The sad thing is that Newlyn may well in actuality tried to carry out the threat, as they are out of control, blundering around like a loose cannon and been prepared to attempt to make the Op bankrupt just because they thought they could. Great letter LM

One thought to mull over, if Newlyn had made good their threat and the inept council allowed them, would the Official Receiver have picked up on the petition being below the theshold, and booted it out; or would Newlyn have bumped it up to the £750 with spurious ATR and levy fees?

[labman]

Re: Coventry Council Apologises for Threatening Bankruptcy for £42.50!!

The sad thing is that Newlyn may well in actuality tried to carry out the threat, as they are out of control, blundering around like a loose cannon and been prepared to attempt to make the Op bankrupt just because they thought they could. Great letter LM

One thought to mull over, if Newlyn had made good their threat and the inept council allowed them, would the Official Receiver have picked up on the petition being below the theshold, and booted it out; or would Newlyn have bumped it up to the £750 with spurious ATR and levy fees?

That is an excellent point BizzyBob.... that could happen.

The OP would have been present at the BK hearing, so would no doubt have pointed out the debt was miles below the threshold. As regards would Newlyn have tried to bump up the debt to £750, we will never know. They were not given that chance.