council tax and Equita

[wiccaqueen]

Re: council tax and Equita

Before the council can instruct the bailiffs they must send you a final
warning letter advising you that it is going to do this and telling you of the
costs involved in this course of action.


http://www.legislation.gov.uk/uksi/1.../contents/made
7.Information preliminary to distress
“Information preliminary to distress

45A.—(1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.
(2) The matters are—
(a)the fact that a liability order has been made against the debtor;
(b)the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;
(c)a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;
(d)notice that if distress is levied further costs will be incurred by the debtor;
(e)the fees prescribed in Schedule 5 to these Regulations;
(f)the address and telephone number at which the debtor can communicate with the authority.”



I would subject access request your council most councils don't charge for this if this letter was sent out to you it should show up in you subject access request

[ben13]

Re: council tax and Equita

thanks for the advice wicca.
Do you have a suitable SAR template?

Ben13

[wiccaqueen]

Re: council tax and Equita

I'm sorry i don't have SAR template for the council but the bailiff SAR request template on this site could be adapted to send to the council

personally i think anyone who has council tax arrears that has been passed to bailiffs should SAR there council

[ben13]

Re: council tax and Equita

no worries i'll try and find it and adapt it to suit.
I like your way of thinking there wicca.

Changing the subject slightly is it worth me asking the council for a 'true copy of the liability order' as i've heard that more often than not councils dont even have an order signed by a court representative

[Amy]

Re: council tax and Equita

Ben, the link to the SAR is in the bailiff guide I gave you at post #2.

[ben13]

Re: council tax and Equita

thanks Amy your great

[ben13]

Re: council tax and Equita

just a quick update,
i emailed the council and requested a true copy of liability orders they have against me.

I received a phone call from them yesterday stating that they do not have individual liability orders as the only do them in bulk and them get a magistrate to sign them.
I was then told it would take some time to 'produce them' as the council have to remove other peoples details from these bulk orders.

How can the council use bulk liability orders??? and more to the point is this legal?

While on the phone this council employee told me that Equita have been instructed by them to accept £200 every 30 days from me.
I can afford £200 per month at the moment but when CT is next due I wouldnt be able to pay that so then this would just keep rumbling on and on and on. Any advice?

[Amy]

Re: council tax and Equita

Yes, it is legal and this how they apply for liability orders. It is simply a list of defaulters presented to a magistrate, which unless there is good reason, is then rubber stamped. It's a mere formality.

Why do you want to see the liability order?

[ben13]

Re: council tax and Equita

i dont mean to sound funny amy but why not?

I heard of several people who've requested true copies of the liabilty orders from this council before and its not been signed by a judge which to my knowlege makes it worthless and therefor they are unable to persue using bailiffs.
Please correct me if i'm wrong as you are far more clued up on this subject than I am

Ben13

[Amy]

Re: council tax and Equita

i dont mean to sound funny amy but why not?

I heard of several people who've requested true copies of the liabilty orders from this council before and its not been signed by a judge which to my knowlege makes it worthless and therefor they are unable to persue using bailiffs.
Please correct me if i'm wrong as you are far more clued up on this subject than I am

Ben13

(a) A liability order is a mere formality if you are behind with your council tax payments. It doesn't matter whether it's been signed or not, what matters is whether you are behind with the payments or not. If the liability order is not signed, it doesn't mean you don't owe the money.

(b) If you are behind with council tax payments you don't have to deal with the bailiff. Ever. All you need to do is keep them out of your home and never speak to them as per post #2.

[ben13]

Re: council tax and Equita

(a) I never stated that I didnt owe the money. Just stated that if the liability order has not been signed then they cannot legally enforce the debt using bailiffs. Furthermore i was only asking if someone could clarify this for me.

(b) Amy I've NEVER let a bailiff in my house and NEVER will!!!
What I am concerned about however is what will happen if they levy on our car. The car is in my partners name only (CT is joint).

[Amy]

Re: council tax and Equita

You asked a question and I answered it. If you have read inflection into my post then you need to read it again as it was a factual post rather than an emotional one.

If you think asking for a liability order in the hope that it is unsigned will help then do it, it makes no odds to me. I simply advised that there are easier and less time consuming methods of achieving having the debt returned to the council.

[ben13]

Re: council tax and Equita

Sorry for being a tad rude to you Amy. I'm at my wits end with this council. I do owe CT and have never disputed that with the council. I've sent them income & expenditure sheets to show how little disposable income we have and STILL they told me they CANNOT accept less than £240 (odd) every month.
Now i dunno about anyone else but in the current economic climate I damn sure cant afford anywhere near that amount.
I told the council I could make one payment of £200 and now they've told equita to accept nothing less than £200 every month.
my partner and i will not deal with the bailiffs and I've told the council that too but they just say that we MUST deal with them now (we still won't though).

With regard the car, can they levy it even though its registered to my partner but my dad owns it (diagnosed with parkinsons and had to give it up)?

[Amy]

Re: council tax and Equita

No problem Ben.

How much can you afford to pay each month? If I were you I would write to the council and make them a sensible offer. Do not ask them, just say this is what I will pay you every month. Make the letter clear that the bailiffs will never gain entry to your property and that you will never deal with them and then make your payment online, if possible. They cannot refuse your payments.

They can only levy on goods belonging to the debtor, so unless her Dad lives with you and is also responsible for paying the council tax at your property, then the answer is no. However, they will probably try it on and if they do, it will be your responsibility to prove the car does not belong to you rather than up to them to prove it does.

[enaid]

Re: council tax and Equita

Hi ben,
Understandable about being at your wits end and that is why you have asked for help.
Amy will do all she can to help you and will never tell you to do anything that will make your situation any worse believe me.
I am sure if you pm her your number she will give you a call and then you can explain everthing fully and she will tell you your next step.
Enaid x