Bailliff demanding all payment with 5 days

[sam9002]

I had an unresolved issue with my local council, for 4 years they issued statements stating I did not owe Council Tax, on March of each year, including this year. I can not afford a high street solicitor.

I am not living in the property all the time, I am doing an eduvcation couse part-time, and visit the property through out the year, mostly for maintenance.

I received the no owing notice in March, and was not back in the house until July, where subsequently there were other letters stating I did owe council tax for this year and the last 4 years, because I was not there and had not replied to subsequent letters from the council, they had to my horror passed it onto Bailliffs, who demanded via a court order payment in full, I contacted Bailliff he was looking for whole payment, I told him myy circumstance, no means of income, on a part-time education course, not living in the house all the time.

He said he would take half now and the rest on Friday am, I got him down to 1,000 on my c/c which was already melting.

He wants the rest 3,500.00 by next Friday, don't know what to do, I am in 'debt, I don't have it, or a means to get that kind of money.

All the time, I keep communicating with the council and the Bailliffs, explaining my situation, and I stated I was prepared to pay via installments for my due amount once that was worked out, considering my circumstance, not in the house all the time, and doing a part time education course. The council take an age to reply, just get the standard, we will reply within 2 weeks, but that still hasn't happened.

I briefly got some initial legal assistance, how ever you must have some form of income to qualify for legal aid, and even if the bank owns the house via a mortgage, you would not qualify, so I am between a rock and a hard place.

I told them once my education course is finished in march, I should be abe to get meaningful employment, and could pay my dues then in a bigger quicker fashion.

The legal advice I got, said most top creditors would except 3.20 per week, how ever the bailliffs are seeking full payment via a court order, and I think at best they can only offer installments for total amount over 6 months.


Can I stall this payment on Friday?, how can I do it?

If I don't pay on Friday, can they then get a court order to break in and size goods, or do they need another court order?

My situation case hasn't been looked into by the council, the time frame is too short, the bailliff said, he understood my situation, if I paid all the ontstanding amount, I could still receive a rebate if any due from the council.

There seems to be no realistic reading of the realities of the situation people are in today, with the economic crisis, and mass unemployment, no meaning ful work options, and the credit crunch, no money available from Banks.

they are treating it, as I if I meaningfully defaulted over the 4 years which is incorrect, it was only from march to july this year that they issued the demand for the past 4 years, it was an error in the system or a humane error, but I am treated liked I defaulted over the past 4 years.


What can I do to legally stall the payment of the rest of the money on Friday?

What are my entitlements, until I finish my education course next march, to again offer installments on a montly basis?

For how long can I spread the 3,500.00 payments out.

I also have to pay back interest on the 1,000 put on the c/c along with the rest on it.

Thank you, for reading this, any guidance to resolution appreciated.



I have asked the council to take the issue away from the bailliff, but this will take an age to get a reply if ever, certainy before next Friday.

[Amy]

Re: Bailliff demanding all payment with 5 days

I had an unresolved issue with my local council, for 4 years they issued statements stating I did not owe Council Tax, on March of each year, including this year. I can not afford a high street solicitor.

Do you and did you agree that you do/did not owe any council tax?

If I don't pay on Friday, can they then get a court order to break in and size goods, or do they need another court order?

No they cannot and whatever you do, do not let them enter your property no matter what they say to you. Have a read here Bailiff Guide - Legal Beagles

My situation case hasn't been looked into by the council, the time frame is too short, the bailliff said, he understood my situation, if I paid all the ontstanding amount, I could still receive a rebate if any due from the council.

I just bet he did. What a caring soul. Do not ever listen to what a bailiff tells you, he will sell his Grandmother if it means he'll get paid. You need to write formally to the council and demand that they deal with your case.

What can I do to legally stall the payment of the rest of the money on Friday?

The ball is in your court here, so long as you do not let the bailiff in there is nothing he can do. Nothing. Have you checked to see if this bailiff is certificated? Certificated Bailiff Register - Legal Beagles

What are my entitlements, until I finish my education course next march, to again offer installments on a montly basis?

This is something that should be added to your letter to the council.

For how long can I spread the 3,500.00 payments out.

You do not even know that you owe this money yet, so slow down and wait for a reply from the council.

I have asked the council to take the issue away from the bailliff, but this will take an age to get a reply if ever, certainy before next Friday.

No it won't, you just have to let them know you know your rights and point out to the council that they are liable for the people (bailiffs) they employ despite what they think. They are perfectly able to withdraw this debt from the bailiffs if they so choose. You should consider sending the SAR, also in the bailiff guide.

If you need any help with any of this, post back.

[sam9002]

Re: Bailliff demanding all payment with 5 days

Thank you very much Amy, I need some help with this situatiion please, I am at my wits end here, at the moment I am living in Ireland.


Do you and did you agree that you do/did not owe any council tax?

I completed a sign off form for Social welfare in 2006 to end job seekers allowance, it looks like due to a human error they did not notify the council until March this year, that's what I was told when I spoke to a council official, they received a letter from the dept of works and pensions stating my circumstance had changed since 2006, every year from 2006 - 2009 each March I received a letter from the council stating I did not owe Council Tax, I honestly thought this was correct, since I was not employed, upskilling doing a part-time education courses, in Computer networking, web design, Microsoft Office programmes, and not living at that address all the time through out these years, I was in Ireland, since March 2006, I went to the house mainly to do maintence and upkeep. I have an official letter from the revenue stating I did not work during this period from 2006-2009.

The council wrote to me after I went to see them in July stating I was willing to pay via installments, they offered me monthly installments for the full amount over 12 months, I said I could not afford this, and wrote them a letter stating this, and handed it to them, it would be obvious from my financial statemnet this would not be possible.

The next thing they had the Bailliffs on my case, it was like I was been trested like I did not pay the council Tax for 4 years, withiout considering the facts.

The Council were given this letter, and I asked them verbally and in a letter on Friday to take the matter away from the bailliffs and that I was willing to pay via installments what I owed.

It takes them up to 2 weeks to reply, which is too late for this.

My problem is financially I am tied up, with house expenses, I don't have employment, and can't get some before finishing my course, which is a priority, I loaned money to survive, also using credit cards. I guess I panicked when I seen the letters in July stating I owed all this back dated council tax, I gave the council a statement of my financial affairs, which was in the negitive figures, more going out than coming in. Despite this I did not qualify for Council Benefit, they said I should apply for job seekers allowance, this can be back dated for 13 months, as I reside most of the time in Ireland, this would not be possible.

I can not afford a high street solicitor, and don't qualify for legal aid, I am outside the system. My appeal for council Tax Benefit was turned down, mainly due to having the borrowed money from family to live on, how ever this money has to be paid back.

Would I need a legal letter to stop further Bailliff action?

Get the council to act urgently?

Or a call from a legal rep?

This is a huge sum and worry to me, even the sum I paid I will be struggling to pay back the minimum amount each month, and certainy can't pay any more.


At the moment it would be also difficult to sell the property, certainy not in this short of time frame, besides it is my pension, if I could hold onto it, the Bank have been very understanding.

There is a tenant in the house, he is a rogue Tenant, he refuses to pay any council Tax, he is costing me more than its worth, so the liability falls to me as the owner.

I did him a favour, he was a friend of a friend, who wanted to move from a previous address, he is just a mean stingy person, despite been self employed and have 2 flats in India paid for. He is a parasite.

I am not having much luck, lots of factors are against me, you end up thinking and worrying about it all day and nite.

Once I finish my course in March/April I could schedule out the payments, of what I owe.
I do this course through correspondance with a UK Training company, Skillstrain, I Started it whilst I lived in Croydon in 2006 and am completing it from Ireland.
They send me the course books, and asignments, I can contact the Tutors via phone and e-mail, on any questions.

I could also pay any one who does any work for me legally, or do work for them.

The bailliff wants me to call him Monday morning, to get a reference for the payment that went through on Friday, should I call him or just ignore him, I phoned a number of times on Friday after giving him my c/card details, at 5pm, he said to call in 10 minutes to confirm the payment had gone through, I did and left a number of messages on his voice mail, and sent a text message, I got a reply at 6:10 via text to say the payment had gone through.

Should I call him or ignore him, I don't want to committ to a payment on Friday, I simply can't do.

What's my best course of action to buy some time, and stop any further court orders and Bailliff action before Friday next?

I need some help with this please Amy, thank you very much. If you need more information, please let me know, this is causing more sleepless nights and constant worry.
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Equita told me his name, on the bailliff list their is a reference for that surname in the council area although , he doesn't work for Equita, he works for a company called Dawkins, maybe they use this company in my area.

[Mochamoo]

Re: Bailliff demanding all payment with 5 days

There is a tenant in the house, he is a rogue Tenant, he refuses to pay any council Tax, he is costing me more than its worth, so the liability falls to me as the owner.

I did him a favour, he was a friend of a friend, who wanted to move from a previous address, he is just a mean stingy person, despite been self employed and have 2 flats in India paid for. He is a parasite.

If he lives there he should be paying the council tax. Do you have a tenancy agreement with him? How long has he been there?

[sam9002]

Re: Bailliff demanding all payment with 5 days

There is no Tenancy agreement, I was naive in this, I was doing him a favour, my mistake, lesson well learned.

[Amy]

Re: Bailliff demanding all payment with 5 days

My advice is the same as I already gave you - you need to write a good strong letter to the council asking them to confirm that you do owe this money. Tell them you are not refusing to pay, you would just like some clarification as to how much (if any) you owe.

You need to tell them to call the bailiff off while they investigate your complaint.

Stop corresponding with this bailiff. Tell the bailiff you will no longer be dealing with them. As long as you remember never to let the bailiff in - and be very careful here because he will lie to gain access to your house - he's stuffed, there is nothing he can do but return the debt to the council.

If you need any help with your letter, post up a draft and we can take a look at it for you.

[sam9002]

Re: Bailliff demanding all payment within 5 days

Thank you Amy, This is a wonderful help.

I have asked the company I am doing the education course with to write to me outlining the course details, which started in 2005 up to the present, it's a part time course.
They can't put in hours of study, as this is up to the student, min is 21 hours per week to quallify for a council tax exemption, I do more than this, with reading and asignments, but they officially can't put it on the letter, which is a shame.

Apologies - I texted the Bailliff today- Told him I asked the council to review the situation, during the period, the education course started in 2005, up to the present.
College will send on information, then it will sent to the council, then it will be reviewed, after which, if Tax owed, I would be prepared to pay via installments, until this review, could Bailliff action be stopped, thank you for your co-operation on this matter.

Email to council today - should it have been stronger?

Account ref xxxxx

CTax ref xxxxxxx

address x


Thank you X for taking my call today, I contacted the college, they will have the information to me in 3-4 weeks, then I can send it in to the council.

My course started in 2005.

The council issued notices that council tax was not owing in the years 2006-2009, and then issued statements this year stating it was owed, how ever as I explained my circumstances had not changed, if any thing due to finacing the education programme and usual expenses, they are worse.

Until my circumstance is looked at and reviewed, could the Bailiff action be stopped until after the review, upon receiving the information, this would be a big help. I paid 1,000 last friday, could I be given some space for information review and a decision to be made.

Previously I asked the council last week, to take back the issue from the bailliff, and we could look at installment payments after the review.

If I am entitled to a break due to education, could this be decided first.

Bailliff Details:

Once the review is over, I am prepared to pay what I owe via installments, the education programme will enhance my chances of employment in the near future, and once I have employment I could pay back via installments.

I had previously sent in a financial statement, at this moment it is hard for me to pay the full amount.

If you don't deal with this issue, could it be recorded in the database, and sent to the correct person, as it is urgent.

Please let me know, before Friday am.

Thank you for your co-operation on this matter,


E-mail signature

[sam9002]

Re: Bailliff demanding all payment with 5 days

The bailliff replied by text this am, saying I did owe the remaining money on Friday

I need some clout with the council to stop this, and give me some time to get that kind of money, which I just don't have, pls help, thank you, time is very short. The council told me, my e-mail yesterday was passed through the general e-mail system, which can take up to 10 days for it to be seen and actioned, until they receive the Cert in 4-6 weeks, then allow time to conduct their review, Bailliff demand for money on Friday am and further action can not be stopped.

They said they can not request the Bailliff action to be stopped, is this true?, how do you legally force them to stop Bailliff action?

She said, The Bailliff will try to get the total money by what ever means they conduct their business, and if that fails, the Bailliff will hand it back to the council,

This I find unlikely, they never fail, through a series of court orders and procession/walkin orders.

I couldn't sell the house in that time frame, it could take months.

I have tried to borrow some money, but that is not possible at this moment with no collateral, and the credit squeeze, I am trying family & friends, but they said it would take them weeks to come up with that kind of money or a percentage of it each, the banks have restricted their lending criteria.

So what can I do, to stall the process and get some time?

What am I legally entitled to do, to arrange some time, to sort out the situation, and pay via installments over a period of 1-4 years if possible? How can I stop another court order and Bailliff action on Friday.

Can some one intervene on my behalf please, I can provide relevant numbers for Both Bailliff and council?

Thank you very much,

[Amy]

Re: Bailliff demanding all payment with 5 days

Calm down a bit. As I have said, several times now, AS LONG AS YOU DO NOT LET THE BAILIFF COME INTO YOUR HOUSE THERE IS NOTHING THEY CAN DO.

The council can instruct that the bailiffs are recalled and they should do this immediately. Ignore the bailiff until you have some clarification from your council.

[sam9002]

Re: Bailliff demanding all payment with 5 days

Thank you Amy, I will try, it's very trying , when they issue 4 years of no payment entitlement and then demand all in one hit, whilst I am a student, not working, and financially squeezed, the system seems very inadequate, for the realities of todays economy and recession.

I appreciate your sound, expert advice, thank you very much.

[Amy]

Re: Bailliff demanding all payment with 5 days

I know it's hard, but honestly, I am right xxx

[Mochamoo]

Re: Bailliff demanding all payment with 5 days

If it makes you feel any better Sam the only reason no-one else is offering you any advice is cause Amy is very good at this and if you do what she has advised you to everything will work out.

I know its scary and you probably feel quite sick by it all but honestly there is no-one better at Bailiff issues than Amy, take a deep breath and follow her instructions and it will all sort its self out.

[sam9002]

Re: Bailliff demanding all payment with 5 days

I know Amy is first class I would still be far back at the starting blocks if it was not for her, of course I will take her expert Professional sound advice, as Amy said it can be very hard to understand the system, when you first experience Bailliffs, lets hope it's the last time , fingers crossed.

I will try the council tomorrrow am to request they pull the bailliffs off at least until the review is done, and hopefully off the case altogether, back to the council.

Thank you very much

[WendyB]

Re: Bailliff demanding all payment with 5 days

Just a point here...you said you have a tenant in the house? Make sure he doesn't let the bailiffs in either!

[sam9002]

Re: Bailliff demanding all payment with 5 days

Thank you Wendy, very apt quote "won't power", have a good rest of day.
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Just Proves Amy is excellent, Contacted council again, re stalling proceedings until information is received, reviewed.

Told me will put a 28 day Bailliff hold on it from today, on Nov 10th it reverts back to bailliff action, so at least I get a bit of breathing space, and won't here from Bailliffs until then, which is very good, thank you very much, have a good rest of week.