baliffs chasing a 4 year old debt

[bradbull]

Re: baliffs chasing a 4 year old debt

im in the process of sending a stronger letter to council and copying in my local mp. i received from equita today a enforcement notice stating they will come round with a van and seize my goods.is this letter just another threat as my partner is quite worried about it all.
am i still right thinking unless i let them in they cant take any goods ?

[WendyB]

Re: baliffs chasing a 4 year old debt

Have you read the Bialiff Guide in the link posted earlier?

Council Tax liability is different from other debts and I believe they can actually break in and remove goods for Council Tax debts, although rarely do.

[Amy]

Re: baliffs chasing a 4 year old debt

am i still right thinking unless i let them in they cant take any goods ?

Yes, you are correct.

A bailiff is technically allowed to break in to a property while enforcing the recovery of a Magistrates' Court fine.

Council tax is different and they cannot break in.

[bradbull]

Re: baliffs chasing a 4 year old debt

thanks amy was just making sure i was right about them not being allowed to break in as im gonna play hard ball with council as defo dont want to deal with ballifs as everything i have read on equita is not good at all

[bradbull]

Re: baliffs chasing a 4 year old debt

just received another letter from equita saying a van will be in the arear this week to recover goods totaling the amount of outstanding council tax.the letter was dated the 11th but didnot receive it till the 20th.

i am starting to pay off the council tax arears on line as im still in disbute with the coucil over the amount and they are still insisting i deal eith the balliffs and they will not recall the debt.

am i still correct as its a council tax liablity the balliffs have no authority to break into my house to seize goods ?

[Amy]

Re: baliffs chasing a 4 year old debt

am i still correct as its a council tax liablity the balliffs have no authority to break into my house to seize goods ?

Yes, you are still correct.

This will only change if you allow them entry or they find an unlocked door or window with which to gain entry.

[bradbull]

Re: baliffs chasing a 4 year old debt

cheers amy have just recvied another letter from equita.

formal notice

dear mr ******

we refer to our previous letter in relation to our attendance at your home.our bailliffs have identified sufficent goods to remove.whilst the goods may not cover the whole amount they will discharge a proportion of you outstanding council tax due to bradford metropolitan council.
we have re-scheduled our removal teams to be back in your area next week.we would prefer that you were in attendance when your goods are removed and urge you to contact our office immediately to arrange a convenient time.

in the absence of any communication from you .our balliffs will be in the area between the hours of 7 am and 9pm and may call at any point during this period.

as you can imagion i am abit stressed now as can they break in which is basicly wat they are saying as i thought that was against the law or is it more bully tactics to get me to pay.

i dont know how they have identified goods as they have not been in my property all i can think is they have looked through the window

[WendyB]

Re: baliffs chasing a 4 year old debt

well if they have never been into your house and identified goods then they won't have a valid levy, will they? And they cannot break into your house.

I'm sure Amy will be along to confirm this and advise on your nest steps...

[bradbull]

Re: baliffs chasing a 4 year old debt

thanks wendy rang national debt line they said same thing also told be to make a complaint about baillifs and copy council in as they said letter is very misleading and would be against law if they broke in

[Guest]

Re: baliffs chasing a 4 year old debt

cheers amy have just recvied another letter from equita.

formal notice

dear mr ******

we refer to our previous letter in relation to our attendance at your home.our bailliffs have identified sufficent goods to remove.whilst the goods may not cover the whole amount they will discharge a proportion of you outstanding council tax due to bradford metropolitan council.
we have re-scheduled our removal teams to be back in your area next week.we would prefer that you were in attendance when your goods are removed and urge you to contact our office immediately to arrange a convenient time.

in the absence of any communication from you .our balliffs will be in the area between the hours of 7 am and 9pm and may call at any point during this period.

as you can imagion i am abit stressed now as can they break in which is basicly wat they are saying as i thought that was against the law or is it more bully tactics to get me to pay.

i dont know how they have identified goods as they have not been in my property all i can think is they have looked through the window

What goods have they identified and how have they done it?

They are not permitted to identify goods through a window and claim that those goods have been levied upon. However, it could be that they have levied upon your car, but if this was the case, then you would know about it.

As you have been advised above, bailiffs cannot break into your home for council tax debt unless they have been allowed peaceful entry at some time previously and even then, it is very rare since they want money and not goods.

You should consider making a formal complaint about the conduct of Equita, in particular the content of that letter. Bradford Metropolitan Council are equally culpable and liable for any unlawful actions carried out by any bailiffs in their employ and you should communicate this to them also.

[WendyB]

Re: baliffs chasing a 4 year old debt

Write to the council again and agree a figure for the outstanding balance. Once you have this it will be easier to agree a payment arrangement. It is very difficult to get the council to take back the debt, however, the bailiffs work for the council, so if you can agree a payment arrangment with the council, then the council can instruct the bailiffs how much to accept each month. I know this because this is exactly what has happened with me. Yes, I have to pay it to the bailiff, but it is at a figure that I can afford and have agreed. I know this goes against the grain and the object is to get the debt back to the council, but this is the next best thing, IMO.

In your letter to the council, make sure you let them know that the bailiffs are acting on their behalf and they are culpable etc etc. If you pm me your email address I'll forward you a copy of the stuff I sent to my council if you like. It worked for me, but that may be just because the supervisor in the council tax recovery dept is quite human!!

[bradbull]

Re: baliffs chasing a 4 year old debt

What goods have they identified and how have they done it?

They are not permitted to identify goods through a window and claim that those goods have been levied upon. However, it could be that they have levied upon your car, but if this was the case, then you would know about it.

As you have been advised above, bailiffs cannot break into your home for council tax debt unless they have been allowed peaceful entry at some time previously and even then, it is very rare since they want money and not goods.

You should consider making a formal complaint about the conduct of Equita, in particular the content of that letter. Bradford Metropolitan Council are equally culpable and liable for any unlawful actions carried out by any bailiffs in their employ and you should communicate this to them also.

thanks am doing a letter of complaint as all i can think is they have looked through my house window which i understand they cannot levy goods this way plus think by ltter they are trying to mislead me to belive they can just come and take goods even without my permission