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mauz

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  • mauz

    Hi i HAVE HAD A BALIFF AROUND FOR NON PAYMENT OF COUNCIL TAX i MANAGED TO GET THIS REDUCED AS THEY HAD NOT TAKEN INTO CONSIDERATION SINGLE PERSON ALLOWANCE, IS THE ORIGINAL WARRANT FOR THE FULL AMOUNT VALID OR WOULD THE COUNCIL HAVE TO GO BACK TO COURT AND HAVE THE AMOUNT AMENDED?
    THANKK YOU FOR YOUR HELP WHERE WOULD WE BE WITH OUT YOUR KNOWLEDGE AND SUPPOT.
    m X
    Tags: None

  • #2
    Re: mauz

    If its been amended I would think that's the main thing. Someone will soon tell you if I'm wrong!

    Having been in this exact position try to pay as soon as you can. The bailiffs we had were really nasty, lying, cheating bar stewards! We arranged payment plans, stuck to them religiously then they added fees for defaulting even though we hadn't. It caused us a year of hell so the quicker you get them off your back the better. HOWEVER......

    Your ideal aim would be to get the council to take the debt back - that way you don't pay the bailiffs anything. What the bailiffs will do see is pay their own (ever increasing) fees first, then pay the council what's left (probably not a lot). If you pay the council direct on-line and inform the bailiffs you have done so, keep paying a sensible amount regular as clockwork on-line, then contact the council and ask them to instruct the bailiffs to leave you alone. The council are vicariously liable - this means as they have employed the bailiffs to recover the money they are equally responsible for the bailiffs conduct (normally pretty terrible!)

    The bailiffs have no right to enter your house so DO NOT LET THEM IN UNDER ANY CIRCUMSTANCES and don't pay them another penny - pay it direct to the council. If the bailiffs get even half a toe through your door, they then gain right to force entry whenever they want. Read the guide under bailiffs at the top of the page - it's very good.

    Once you begin to re-establish a relationship with the council you can ask them about the single persons reduction. Alternatively you can SAR them - it costs £10 but would let you know where you are with them.

    Hope this helps,

    David

    Sorry - also meant to mention the council will almost certainly tell you they can't take the debt back. They are lying. Just keep paying regularly on-line. They will accept it and they'll take it off what you owe. Eventually they will take the debt back, but don't expect them to make it easy for you - they won't!
    Last edited by Caspar; 4th November 2010, 16:44:PM. Reason: Missed a bit out!

    Comment


    • #3
      Re: mauz

      Thank you for your reply it was really helpful, the council have not deducted the amount for single person from the original warrant and although they have instructed the bailiff the new amount the warrant is still the old amount so is the warrant still valid? i suspect not but do not have the answer, I have contacted the council and will start paying on line from tomorrow.
      Can I just say hi to everyone and a big thank you this forum is fantastic and David your great.

      Comment


      • #4
        Re: mauz

        One of the very few reasons for a magistrate to consider not issuing a liability order is an incorrect amount owing, which would appear to be the case here.

        However, presumably the LO has already been issued hence the bailiff visit.

        Are you continuing to pay the council something towards this?

        Comment


        • #5
          Re: mauz

          the LO order was issued but it was the wrong amount I have since got the council to reduce the amount due to Single persons allowance. The Bailiff has been round and left a note but have only spoken to him on the phone.
          So the LO is for the old amount so is the LO Legal as the amount showing is wrong?
          I will start paying the council tomorrow this has happened to me over the last week.
          I will take Davids advice and start paying on line.

          Comment


          • #6
            Re: mauz

            Bailiffs do not give up very easily, so you must be careful.

            If the amount on the LO is incorrect then the council have a duty to correct the information and to remove the debt from the bailiffs.

            If you leave this situation as it is and miss future payments, you run the risk of the council enforcing the debt via bailiffs in the future.

            Comment


            • #7
              Re: mauz

              Thank you I will contact the council tomorrow with that information, and I will start making regular payments as I do not think I can cope with the stress and worry Bailiffs bring with them.
              This is a brilliant forum and will be recommending it to my friends I am so glad google pointed me to you.

              Comment


              • #8
                Re: mauz

                Originally posted by Amy View Post
                If you leave this situation as it is and miss future payments, you run the risk of Athe council enforcing the debt via bailiffs in the future.
                Caspar: keep paying a sensible amount regular as clockwork on-linekeep paying a sensible amount regular as clockwork on-line,

                Already said! Hope the advice has been good here.




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                • #9
                  Re: mauz

                  I was referring to leaving the LO in place. Paying the council direct is the correct thing to do, but it does not mean that a LO no longer exists.

                  Comment


                  • #10
                    Re: mauz

                    Originally posted by mauz View Post
                    Thank you I will contact the council tomorrow with that information, and I will start making regular payments as I do not think I can cope with the stress and worry Bailiffs bring with them.
                    This is a brilliant forum and will be recommending it to my friends I am so glad google pointed me to you.
                    That's brilliant! Don't think the bailiffs will just magically vanish as they probably won't, but pay the council as Amy and I have said and they will be called off (and won't get a penny of your money). Just don't let them into your house EVER over this!

                    David
                    x

                    Comment


                    • #11
                      Re: mauz

                      I called the council today over a summons for my council tax and they were lovely and gave me a new payment arrangement - best thing to do with any problems over council tax is communicate with them, lots. They are still going for a LO as well, but will hold it until I miss another payment.

                      One thing I worked out, is they work on their three strikes and you are out, my three strikes were one in april, one in june and one beginning of october, and because I was on a weekly payment arrangement there was much more risk of missing a payment. I have got the new arrangement monthly, so I have four weeks to get the payments right before the payment date and much less risk of missing one.

                      A bit general but it might help a little if you are setting up a new arrangement with them.
                      #staysafestayhome

                      Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                      Received a Court Claim? Read >>>>> First Steps

                      Comment


                      • #12
                        Re: mauz

                        Mauz,

                        I don't know how your finances are, but if you need help getting to the offer the link below may help you. The last thing you need now is to agree a repayment you know you won't be able to stick to. If you want to post it on here for us to look at (keep it honest - we're not here to judge!) feel free. Make sure you don't fill in the personal details, name etc.... and be realistic - you can't live on nothing. Worked eaqrlier today with someone on theirs and it went from being £60 in credit to -£200ish. She was too embarrassed to let us know the real situation, but without we can't help.
                        The offer is there is you want it!


                        http://www.legalbeagles.info/forums/...ad.php?t=19592

                        David
                        x

                        Comment


                        • #13
                          Re: mauz

                          Hi I can not open the files on the link can you advise?
                          Mauz

                          Comment


                          • #14
                            Re: mauz

                            Can you not open ANY of them?

                            Comment


                            • #15
                              Re: mauz

                              Sorry - just tried to be clever, didn't work. I'll keep trying for you!

                              Comment

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