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Hello every one this is my first post and do home that you will be able to give me some advice.
To cut a very long story short over the past 2 years I have a few jobs, I have been made redundant twice and have had a pretty torrid time. Subsequently I have signed on & off and claimed council tax benefit quite a few times. The upshot of it I currently owe £1500 council tax. The bailiffs Bristow & Sutor have called a few times and always when I am at work or just out. Last week they called when I was in, I did not here them know the door. They posted me a levy of goods saying that if I did not pay up in full in 5 days they would seize my car. Which at the time was parked outside my house on the street.
I am currently in receipt of Job Seekers Allowance (JSA) I have been to the council to ask them to deduct money direct from my JSA, which they refused to do. It also transpires those periods of this year whilst claiming JSA my council benefit was not being paid. I have again filled in the necessary forms and handed them to the council.
This week I wrote to Bristow & Sutor and also sent a copy to Bristol City Council
I refer to your letter dated 10th December 2009 informing me that your company have been instructed by Bristol City Council to enforce a warrant/liability order etc against me, in respect of arrears of council tax.
In your letter you state that you will be visiting/returning to my home to seize my car unless full payment of £1518.58 is made by return.
The purpose of this letter is to advise your company that I am in receipt of jobseekers allowance and am enclosing as proof, a copy of payment book. It also appears that no council tax benefit was paid to me during several periods of 2009 whilst on jobseekers allowance. I have subsequently today visited and submitted a back dated claim to Bristol City Council.
I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993. For this reason, I would like to request that this account be referred back to Bristol City Council so that the relevant forms can be completed.
I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.
As I have now made you aware of my circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court
Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.
Yours Faithfully
They replied:
RE: outstanding council tax arrears owed to Bristol City Council
We acknowledge receipt of your letter dated 11.12.09, the contents of which have been duly noted
We advise that we are not prepared to refer your account to our client Bristol City Council in order for them to set up an attachment of your benefit, as they have instructed us to recover the sums owed by recovery action only
In order to prevent further recovery action we request you contact us by no later than 21.12.09 to resolve the matter.
We further advise if our client confirms that you are due a reduction as you are in receipt of benefits then any agreement which is in force with us would be reviewed at that time.
We trust this clarifies the situation
I would welcome any help or comments that you all have. Have the bailiffs actually contacted the council or are they just playing hard ball so that they can earn there money?
Cheers
Dave
To cut a very long story short over the past 2 years I have a few jobs, I have been made redundant twice and have had a pretty torrid time. Subsequently I have signed on & off and claimed council tax benefit quite a few times. The upshot of it I currently owe £1500 council tax. The bailiffs Bristow & Sutor have called a few times and always when I am at work or just out. Last week they called when I was in, I did not here them know the door. They posted me a levy of goods saying that if I did not pay up in full in 5 days they would seize my car. Which at the time was parked outside my house on the street.
I am currently in receipt of Job Seekers Allowance (JSA) I have been to the council to ask them to deduct money direct from my JSA, which they refused to do. It also transpires those periods of this year whilst claiming JSA my council benefit was not being paid. I have again filled in the necessary forms and handed them to the council.
This week I wrote to Bristow & Sutor and also sent a copy to Bristol City Council
I refer to your letter dated 10th December 2009 informing me that your company have been instructed by Bristol City Council to enforce a warrant/liability order etc against me, in respect of arrears of council tax.
In your letter you state that you will be visiting/returning to my home to seize my car unless full payment of £1518.58 is made by return.
The purpose of this letter is to advise your company that I am in receipt of jobseekers allowance and am enclosing as proof, a copy of payment book. It also appears that no council tax benefit was paid to me during several periods of 2009 whilst on jobseekers allowance. I have subsequently today visited and submitted a back dated claim to Bristol City Council.
I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993. For this reason, I would like to request that this account be referred back to Bristol City Council so that the relevant forms can be completed.
I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.
As I have now made you aware of my circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court
Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.
Yours Faithfully
They replied:
RE: outstanding council tax arrears owed to Bristol City Council
We acknowledge receipt of your letter dated 11.12.09, the contents of which have been duly noted
We advise that we are not prepared to refer your account to our client Bristol City Council in order for them to set up an attachment of your benefit, as they have instructed us to recover the sums owed by recovery action only
In order to prevent further recovery action we request you contact us by no later than 21.12.09 to resolve the matter.
We further advise if our client confirms that you are due a reduction as you are in receipt of benefits then any agreement which is in force with us would be reviewed at that time.
We trust this clarifies the situation
I would welcome any help or comments that you all have. Have the bailiffs actually contacted the council or are they just playing hard ball so that they can earn there money?
Cheers
Dave
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