liability order help

[Henti]

Re: liability order help

My understanding is that this list just gives an indication of where vulnerability may exist, it is not meant to be descriptive.

[Amethyst]

Re: liability order help

Presumably, if someone is on medication, particularly for a mental health issue which is not immediately 'visible' and might require evidencing, then it is more likely they would be able to back up their claim of vulnerability with something like a doctors letter.

To be fair the 'list' isn't all that helpful

Some groups who might be vulnerable are listed below. However, this list is not
exhaustive. Care should be taken to assess each situation on a case by case
basis.

the elderly;

people with a disability;

the seriously ill;

the recently bereaved;

single parent families;

pregnant women;

unemployed people; and,

those who have obvious difficulty in understanding, speaking or reading
English.

[Adamna]

Re: liability order help

Unfortunately, medication has become the norm given that so many people claim that they are from a vulnerable household (which the regulations do not recognise) and typically, they will use one of the many template letters from the Internet. Some sort of evidence should always be provided.

That's odd because 7 out of 8 of the categories on the National Standards for taking control of goods list of vulnerable persons would not indicate that medication is required. The list was made for good reason. Are you dismissive of it?

[Milo]

Re: liability order help

I am personally horrified at the suggestion that medication is the 'go to' evidence of vulnerability. .

Unfortunately, medication has become the norm given that so many people claim that they are from a vulnerable household (which the regulations do not recognise) and typically, they will use one of the many template letters from the Internet. Some sort of evidence should always be provided.

[Adamna]

Re: liability order help

I am personally horrified at the suggestion that medication is the 'go to' evidence of vulnerability. Whilst it may of course be an easily acceptable indicator, those that continue to struggle without mind numbing also need respect. The fact that persecution can be responsible for vulnerability is somewhat ironic.

[Milo]

Re: liability order help

You mentioned in your earlier posts that you suffer from anxiety. Are you taking any medication?

If you are taking medication, it may be possible that you could be considered vulnerable. I look forward to your response.

[Henti]

Re: liability order help

What I mean is. If the bailiff was unable to agree a repayment at the first stage, wouldnt he have to visit in order to verify the statements made regarding assets. Before sending the instruction back ?

[Henti]

Re: liability order help

Oh okay thanx.
The bailiff would have to go see though ?

[Milo]

Re: liability order help

Does this mean that if the debtor has a car,. the bailiff cannot take it, if they are on benefits and it is worth more than 5% of them ? I thought the figure of 5% related to attachments, or have I got it wrong.

If the debtor has a vehicle, and is on benefits, the vehicle can still be taken.

Fortunately, in this particular case, the young lady does not have a vehicle.

[Henti]

Re: liability order help

Does this mean that if the debtor has a car,. the bailiff cannot take it, if they are on benefits and it is worth more than 5% of them ? I thought the figure of 5% related to attachments, or have I got it wrong.

[Milo]

Re: liability order help

They never even gave me chance to give an amount, just said they can't accept less than £300+ per month which is ridiculous. I could probably pay £100 per month at a stretch, but I don't exactly receive a lot of money.

If you are able to get the large Liability Order (of over £1,000) removed then this leaves just on debt of approx £790 and if so, a payment of £100 per month would very likely be accepted given that this would clear the debt before the new council tax year (next April).

Before even considering a payment arrangement you should either get an appointment, or speak with Stepchange (or National Debt Line) and they will prepare a Income and Expenditure over the phone and email you a copy.

You mentioned in your earlier posts that you suffer from anxiety. Are you taking any medication?

If another tenant did not move into the property after you left on 15th April, then the landlord himself would be liable for paying council tax (even if the property was empty). If so, I would not hold out too much hope that he will reply to your email.

[Indebt]

Re: liability order help

I will refrain from posting further on this thread unless the OP requires help in instigating a formal complaint.

Legislation appears to have been breached here, the National Standards have been ignored and there is a possibility that evidence can be provided that an application for housing was made to the council from a different address. This could mean that an AOB may be considered, given the OP's circumstances. To suggest someone on benefits should pay £100 per month, is quite frankly appalling advice.

A formal complaint will resolve all issues in one go.

[Amethyst]

Re: liability order help

[MENTION=30402]Milo[/MENTION] and [MENTION=90984]Indebt[/MENTION] - Can we keep this to the facts/case and leave the personal attacks out. I've edited a couple of posts. Thanks.

[Indebt]

Re: liability order help

30 September 2015, Milo stated:

"The Taking Control of Goods Regulations 2013 was introduced on 6th April 2014 and to coincide with this regulation, the Ministry of Justice updated the previous National Standards. It must be stressed here that although the National Standards arenot legally binding, the government’s intention is that they are intended to be used by all enforcement agents, the enforcement companies that employ them, and the creditor (in most cases the local authority or HMCTS) who use their services."

[Indebt]

Re: liability order help

The LGO will not go against either the National Standards, OR the DCLG. Are you suggesting that it is right for a bailiff to demand ridiculously high payments from a single 21 year old mother on benefits?

If you think a council can take more than 5% off a person on benefits then I urge you to share this with the forum.