Bailliff demanding all payment with 5 days

[helenback43]

Re: Bailliff demanding all payment with 5 days

Wish i would have seen this post as I am going through the exact same thing (arrears from a rented property).
Wednesday morning 7.15am we had balliffs knocking at the door (rather breaking it down) and was told we needed to pay £1003 or the will take stuff. They would not entertain any arrangement and even said they would take the car. I have three primary school children who at this point were crying as I was upset. The baliff had returned to his van to wait an hour so we could sort ourselves out.
I didn't dare leave the house so rang him and asked him to reconsider a payment plan because there was no way we could afford the full amount at this point he threatened gaining access to house and taking the car and unless it was paid in full basically tough s**t he then moved the van to block car meaning that I couldn't take children to school. At this point I rang the police who told me not to let them in the property and contact the company by which time the Baliff had disappeared. I rang company who told me to sort repayment with the baliff which i rang again with reply of you've got 5 working days full amount nothing else.
Shaken i contacted CAB would made me an appointment for Tues. They told me to be thick skinned keep doors windows locked and if baliffs came back tell him there dealing and they will hear from them asap. Apparently repeating the same thing to the Baliff over and over will make them bored and they'll stop trying to intimidate you to getting the money from other sources to pay. I'll keep you posted how it turns out but if your in same remember doors and windows x
(I was advised to move car outta sight as they have been known to clamp them so just to be safe i would recommend that also)

Helen

[Amy]

Re: Bailliff demanding all payment with 5 days

Helen, you should also read this is you haven't already done so and consider making a Form 4 complaint about this bailiff.

Bailiff Guide - Legal Beagles

[sam9002]

Re: Bailliff demanding all payment with 5 days

Helen, I have just logged in and seen your post, sorry to hear about that bully bailliff, you did very well standing your ground, the best thing I can say is, take Amy's advice, she is brillant, I was at my wits end as well, thanks to Amy I have bought some time, your advice on feeding the bailliff the same information is very good, I am sure through the cab they will sort this bully out, It's no consolation to us, they're are lots of people in our situation, no one seen the recession and credit crunch coming, there seems to be no latitude or considerations re payment for people in our situation in the system, it's a bad system, when people can loose their processions or home, over a relatively small sum.

You are doing the right thing, if the bill is related to the local council, just keep contacting them, ask to speak to the relavant person dealing with your account in your situation, ask them to take the bailliffs off the case, or at least defer them, while you get your scheduled advice and work out a payment solution, based on your circumstance.

I hope you and the kids are not intimidated by them, please don't be, you are taking the correct steps to win over the bailliffs, and work out a solution, and remember they're are lots of every class of people in our situation. Keep us undated here, when you can, lots of people here with good advice, who have been in your boots.

[helenback43]

Re: Bailliff demanding all payment with 5 days

Ty for all your advice, I got intouch with the housing office who sent someone to see me, she arranged an appointment with the local advice centre that is run by the local council to try and sort it all out, I managed to get an appointment for the Tuesday prior to Wednesday that was supposed to be 'D Day` Anyway to cut a long story short when the advisor rang the company they said it had all been sorted and a repayment plan had been arranged by the council tax office?????????? The man was just as confused as me tbh, felt like i had made it all up to him at 1st as that was not the conversation with the baliff we had quite imagined. My only thought on it is that the police having to log the telephone call had something to do with it or the Lady that came from the council mentioned something?????? either way I'm glad I didn't let them in or attempt to source the money to pay ty all once again (1 problem down too many to count to tackle) xx

[sam9002]

Re: Bailliff demanding all payment with 5 days

Thank you Amy,

I got an extension for Bailliff action until Nov 27th.

My only gripe is, they (Council), are still demanding the full outstanding amount for the 4 years and up to March 2010, via the bailiff on Nov 27th.

I have tried to explain that consideration should be given, while my case is looked into over the past 4 years, response time is usually up to 14 days.

Also the fact of the current credit crunch amd lack of lending ability of the banks, I asked them to consider Full payment is until March 2010, can a figure be agreed to pay on the outstanding amount until the details of my situation is looked into and reviewed, any outstanding amount if due could be paid then in monthly installments.

They still are saying it's all due on Nov 27th, this was from the head of income, exchequer & income.

"You must deal direct with the bailliff regarding any payment arrangement"

The details and review will not be completed by Nov 27th.

They said if I was owed any money, over the amount I paid, it would be refunded.

Is their any ACT or legal reference against this action.

What wording should I use to the council to extend Bailliff action after the Nov 27th date, until my case is reviewed.

The council do not want to recall Bailliff action, until after the review, it just looks like they just want to sort this out in the easiest way possibly for their admin system, through Bailliff action.

My Local good advice centre is closing down this month.

If I could use some legal reference with a factual letter to the council, this would be the only way to extend the payback period until after a review.

Or is their a Government department or Person who I could e-mail, to look into this for me, it seems like no due consideration is been given, and they are acting with the full force of their authority, to exact payment, in a Bullish fashion.

It would be very easy to say, I was not entitle to any exemption, after the money was paid in full.

Thank you for your great help and co-operation on this matter

Have a nice weekend.

[Amy]

Re: Bailliff demanding all payment with 5 days

My only gripe is, they (Council), are still demanding the full outstanding amount for the 4 years and up to March 2010, via the bailiff on Nov 27th.

Most of these County Halls are staffed mainly by jumped up little nobodies who have no authority, but like to exert their perceived powers over the little people. They cannot get blood out of a stone. You cannot give them what you do not have. Therefore, they either accept installments or you don't pay them.

They still are saying it's all due on Nov 27th, this was from the head of income, exchequer & income.

As above.

"You must deal direct with the bailliff regarding any payment arrangement"

Absolute rubbish. The bailiffs are employed by the council and if the council wish, they can take the debt back. You just have to point this out to them as forcefully as you can.

They said if I was owed any money, over the amount I paid, it would be refunded.

How said this? Surely, the council must know how much you owe? Why would they owe you anything - unless they don't actually know how much you owe. Has the council supplied you with this information?

The council do not want to recall Bailliff action, until after the review, it just looks like they just want to sort this out in the easiest way possibly for their admin system, through Bailliff action.

Fine, then point out to them in your next letter that you have no intention of ever letting the bailiff have access to your property, therefore, he will have no choice ultimately but to return the debt. The sooner the council recall the debt the better off everyone will be.

If I could use some legal reference with a factual letter to the council, this would be the only way to extend the payback period until after a review.

Post up a draft and we can look it over for you.

Or is their a Government department or Person who I could e-mail, to look into this for me, it seems like no due consideration is been given, and they are acting with the full force of their authority, to exact payment, in a Bullish fashion.

You could email your local MP. I know someone on here did just that and he helped (can't remember who it was though but if you search for it I'm sure it'll show up).

Have you paid any installments for this council tax since this all started. If not, you really should and pay the council directly - just keep the bailiff out of the loop completely.

[sam9002]

Re: Bailliff demanding all payment with 5 days

Thank you Amy,

Quote
Most of these County Halls are staffed mainly by jumped up little nobodies who have no authority, but like to exert their perceived powers over the little people. They cannot get blood out of a stone. You cannot give them what you do not have. Therefore, they either accept installments or you don't pay them.

How very True, they have too much leeway and Authority over regular people

Quote
Absolute rubbish. The bailiffs are employed by the council and if the council wish, they can take the debt back. You just have to point this out to them as forcefully as you can.

That's good I have some time, just need to get a factual forceful letter completed.

Quote
Have you paid any installments for this council tax since this all started. If not, you really should and pay the council directly - just keep the bailiff out of the loop completely.

less than 25% to the Bailliff on the origional deadline

Letter draft:

Name, Council Tax ref Address concerned:

Dear

With the effects of the postal strike, post is a good bit behind.

I have paid 1,000.00

I have sought advice on this matter, The council can offer payment terms, and instruct the Bailliff accordingly of such terms, and I am entitled to ask the council to take the debt back from the council, which the council can do.

Full payment is until March 2010, can a figure be agreed to pay on the outstanding amount until the details of my situation is looked into and reviewed, any outstanding amount if due could be paid then in monthly installments, although it maybe a case of a credit been issued?


As you can imagine obtaining a lump sum of this kind is very tight in one go during a credit squeeze, especially when you are a course paying student, from advice I have received, this is a resonable offer, until the facts of my situation during that period are looked into and reviewed, and a final reply given, full time should be allowed for that process, then a definate time deadline could be set for payment to be received.

I am willing to co-operate with the council on this issue and payment.

I am willing to pay what my dues are, just need some consideration under the current financial circumstances and climate.



Thank you for your co-operation on this matter, it is appreciated.

[Amy]

Re: Bailliff demanding all payment with 5 days

First of all, have you actually had confirmation from the council of precisely how much you owe in council tax?

[sam9002]

Re: Bailliff demanding all payment with 5 days

Thank you Amy,

Yes, It's 4 years back payment - on the first note on this thread I put in some details

[sam9002]

Re: Bailliff demanding all payment with 5 days

It's still the origional figure for the 4 years minus the amount paid, the rest to be paid by Nov 27th to the Bailliff or else Bailliff action from Nov 27th.

It looks like the power/Authority is in their hands, at the expense of regular people, with no allowances for the present financial pressure and hardship, and demanding 4 years in one go, including future payment to March 2010, before an investigation is looked into and completed, which seems unjust, until an investigation is complete at least, which could proberly take 2-3 months from now.

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, 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.

If it was a human over sight, or system error, shouldn’t considerations be given to me on demanding the payback over 4 years by Nov 27th, payment direct to the bailliff, otherwise Bailliff action, if it was due at all do to my circumstances, until an investigation is complete.

I am proberly wishing upon a star for such consideration, dealing with the might of a council and Bailliffs, it looks like no consideration will be given, or are they legally forced under law to give such consideration, it's easier to evict people and/or take their processions, and label them with future debt and bad credit.

[WendyB]

Re: Bailliff demanding all payment with 5 days

Siorry if this has already been answered in the thread and I've missed it, but it seems to me that as you have not been living in the house for the last 4 years, shouldn't you have had some sort of rebate on your council tax? Or at least a rebate given that you are unemployed/student etc? That said, I also think that you should speak to your tenant about a contibution to the outstanding bill, after all it's he who's been living there isn't it? Does he actually apy rent? And does this cover the mortgage?

[sam9002]

Re: Bailliff demanding all payment with 5 days

Had to borrow money from a loan shark, to pay this money, so am in serious debt as a result, surely their is a law against such unrealistic demands and practices from the council, it was their mistake and the benefit agency mistake, going back over 4 years, I bet the same people who made that mistake are still working their, making the same mistakes over and over again, and it's regular people who are made to pay for their mistake and sharp practices, with no intervenion financila assistance or laws to protect us in place, resulting in us been in serious debt or losing our property.

[sam9002]

Re: Bailliff demanding all payment with 5 days

Had to serve a section 8 on him, refused to pay for any council Tax or tv license, and only part paid some rent. Thankfully he was not there for long.

I was doing a friend of a friend a favour, never again, it costs me so much money and maintenance, repair, upkeep.

I was not living continuously there for that 4 year period, as home owner you are liable I understand for Council Tax, ( when you seek specific information from them, it's all very general and vague, no counter staff can tell you, in detail what the situation is, regarding your circumstances, you are also at a disadvantage, when you are trying to get this information, whilst not living there.


Also how do I enquire/apply for back dated council tax rebate, as I am writing from overseas, I would need to do this via e-mail if possible.

I signed off Benefit in 2006.

For the next 4 years, the council issued statements for 4 years stating I did not owe council Tax, I have copies of these statements.

I had not worked continuously over the past 4 years, mainly because I was doing an education course, so I assumed this was the reason, as looking at my National insurance number record, this would prove that, is this not what they go on?

From April 2009, they issued a demand for 4 years back dated council Tax, which I explained previously the sequence of events, including Bailiffs action, and a loan shark to pay the 4 years.

All the council have in a statement in April 2009, was Benefit over payment, even though I didn't claim or get any Benefit payment in that 4 year period.

It looks like it is a system/Benefit dept oversight, human error, what ever way you want to phrase it.

However there was no consideration or support for me, for their mistake, I was simply servered with Bailliff action or eviction.

What are the rules governing backdated council Tax rebates?

Who can apply?

What period is it relevant for?

What information do you need to provide?

Is their any agency/company apart from Citizen advice who can liaise with the Council and Benefit section on your behalf whilst you are out of the country?


I have no issue with paying my share of dues, but I am not happy with the heavy handed demand of the Council, with no due consideration, and no explanation as to why the Benefit was over paid, (even though I did not claim or get any benefit for that period).

I am paying the price for their mistake, and oversight.

[nettifer]

Re: Bailliff demanding all payment with 5 days

i an a licencee of a pub that my pub co has just sold to a local consotium, also they have sold them a debt of £7,000 after taking off my bond, our tenancy ends sept 2010, but the new owners have given me papers demandin this debt plus a months rent up front, i told them i dont owe this debt and been in dispute with the pub co over it, but the say they have bought the debt and we now owe them,i told them i cant pay, they then 24hrs later sent in a bailiff, who did a walking possession on all trade f& f, and said if i dont pay in 5 days they will remove it, i cant trade with no kitchen etc,what do i do? we have no where else to live, can they do this? 2 of the new owners are solicitors, can they shut me down? they only bought the pub a week ago, please help! annette.

[Amy]

Re: Bailliff demanding all payment with 5 days

How long has this been going on for? Have you been taken to court for the money?