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Council Tax arrears - bailiff advice please

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  • Council Tax arrears - bailiff advice please

    I have fallen into arrears with the Council Tax - personal circumstances have changed in the last 12 months and I now have elder care responsibilities.. The council bailiff has visited my home and I agreed to a payment plan which, at the time I told him I would find difficult to meet (seemed to want the arrears paid off in three instalments...) Unsurprisingly, I was unable to meet the payments. and the bailiff has come back and charges added. I have tried unsuccessfully to make contact with the bailiff to agree a payment schedule that I can afford. Would you advise that I write to the Council with my payment proposals and make payments accordingly? Am worried about the bailiff coming back again and incurring more charges. Any ideas?
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  • #2
    Once it has got to Bailiff stage the Council will not want to know. Do you know how much the Liability Order is that the Council have & when did they obtain it? I assume you received a Notice of Enforcement from the Bailiffs - did you respond to this, the fee for this stage is £75? Who suggested the payment plan you entered into - you or the Bailiff? At the time this was made did the Bailiff make a Controlled Goods Agreement - if so what is listed on it exactly as described? Following failure to pay the Bailiff has visited again - fee for this is £235, unless goods are removed then no other fees may be charged. Do you live on your own?

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    • #3
      Thanks Plodderton,

      The liability order is for £1,492.89 plus court costs and was obtained in July.
      Notice of Enforcement dated 9th August in the amount of £1578.59. At the time of the bailiff's re-visit,11th September the amount had increased to £1894.59. I have called the bailiff numerous times since receiving the Notice and left voice and text messages. The recorded message on his phone says that the only way to stop enforcement is to pay the bill in full which I cannot do at this time. The bailiff suggested the payment plan, he claimed that the computerised system would only allow the arrears to be paid over fa period of more than our months so I didn't have much choice other than to agree.. No Controlled Goods Agreement was made. I live with my adult daughter and my elderly mother who I care for. She is 95 years old.

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      • #4
        Thank you for all that. It can be argued that the Bailiff formulated an instalment arrangement that he knew would be broken thus garnering extra fees for him & his company and maybe the Enforcement Fee of £235 should be removed.

        It may be best to contact your local Councillor(s) and ask he intervenes with the Council for you, especially given your mums age. Initial contact should be made by phone details of who if you are note sure can be found @ https://www.writetothem.com/

        Has the Bailiff had access to your home - if so what happened? If not then do not let him in - he has no rights of access unless he has gained peaceable entry usually through a door.

        I have to go out but will be back later.

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        • #5
          Have you tracked your Councillor(s) down yet?

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          • #6
            From what the OP wrote the figures don't make much sense to me,

            The original amount demanded by the LO was £1492.89, add £75.00 Compliance fee that makes £1567.89, where do the odd £9.70 come from?

            However, assuming the debt was £1502.59 the Enforcement Fee should be no more than £235.00 making the total due to the EA £1737.59 not £1894.59, It's worth asking the EA where did they pluck out the extra £157.00 from.

            Word of advice . . . . I know, I am probably teaching you how to suck eggs . . . . always write to them using Signed for service, then follow up with an email after 7 days followed by a phone call after another 7 days.

            And it's probably a good idea to copy the Council as well as, after all they are in charge of what the EA does.
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            A mutation of the beast now comes black leather clad, riding a motorcycle that looks like a battenbergh cake on wheels.

            A skilled predator, totally ruthless with it's prey, but also known to be extremely generous in doling out tickes that can provide points for motorists who want to downsize from mechanically propelled vehicles to bycicles.



            It's a dirty job, but someone got to do it!

            My opinions are free to anyone who wishes to make them theirs, but please be advised that my opinions might change without warning once more true facts are ascertained

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