Help and Guidance

[newbe55]

Hi hope someone can help, my problem is I have had a visit from bailiffs’ for council tax I cant afford to pay. I became unemployed four years ago whilst out of work l retrained and got a job within two years, which is low paid, everything was going fine until the bank took me to court to pay my mortgage arrears along side the normal mortgage it meant I couldn’t afford to pay my council tax. They are now stopping it at source and not just the one payment but two and chasing me for this years, I have tried talking to the council they just referred me back to Bristow & sutor who just demanded three hundred pounds a month which I cant afford. The night the bailiffs came and tried to bully their way in to my house by telling me they had the right of entry because they had done a walking possession in my back garden and shed while I was out. In a panic I had the good sense to phone national debt line who advised me not to let them in, they still threaten me with a locksmith and the police, I stood firm and they eventually went away. debt line advised me to write to the council stating extreme hardship and asked them to discharge the attachment order quoting Practice note 9 and council tax regulations 1992 with regard to regulation 41.2 . As I have know idea what these mean or how to put a letter together to the council i would appreciate any help, I am totally embarrass by not having the ability to pay and powerless to do anything about it. :tinysmile_hmm_t2:

[miliitant]

Re: Help and Guidance

Please keep checking back

the baliff and council tax boffins will be here after they have finished work

[newbe55]

Re: Help and Guidance

Thank you l need all the help l can get, slowly drowning.

[labman]

Re: Help and Guidance

Below are the bits they refer to, plus another link you may want to use in what I suggest:

http://www.legislation.gov.uk/uksi/1...lation/41/made

the council should, consider the relevant facts of individual cases in order not to act in an unreasonable manner (Associated Provincial Picture Houses Ltd v Wednesbury Corporation [1948] 1 KB 223.
all costs claimed against me be waived on the grounds that the council should not be seen to be making a profit out of making application for a Liability Order.

Practice note No.9 (para 12.1) - states that the court must be satisfied that the amount claimed by the local authority in costs is no more than those reasonably incurred.

It would be interesting to know more of the history of this, and how it got to this stage. However, given the situation, and in order to avoid severe financial hardship for your family, I would approach the court (see Magistrates' Courts section of Bailiffs' Guide) and ask for a means assessment. If you are able to take a doctor's note with you stating this is making you ill, you are more likely to get a hearing immediately. There is no reason the amount cannot be reduced, but you will need to prove it is unreasonable, and your other expenditure is reasonable according to a Common Financial Statement (Income and Expenditure form). If they refuse, as per the guide, keep going back and asking and asking. Eventually you will get your hearing.

You should also contact the CEO of your council with a copy of your I&E form (National Debtline website has a good one, or Google NEDCAB - theirs is good too). Quote the case law above, and state that while you are prepared torepay the debt, it has to be at an affordable rate. Ask if they can reduce the amount of the AOE to one which is more reasonable.

If you can put forward a good case and reasonable repayment offer through the AOE, there is no reason why they shouldn't listen, though again, I don't know the history which could be very significant in things getting to this stage.