Council Tax Arrears - bailiff involved

[fuzzybrain]

Help!!

Due to my serious ill health we have council tax arrears, I had contacted them to sort out a repayment plan, which they refused but told e to send in an 1 and E form and they way reconsider, which i did. I was waiting to hear from them (and admitedly forgot about it and assumed they had accepted the repayment plan) and made a payment of £220, bringing the balance down to £600 and was due to make another payment tomorrow.

However - and this is the nasty bit


My daughter got home from school today to find a letter (no envelope - just an A4 letter posted through the letterbox stating that it was an intention of attendance to remove property. We must contact them asap otherwise they will be back within 48 hours with police if needed to remove property.

She was in a blind panic so I contacted the bailiff as i was at work and wnted to make sure he wasn't going to return to day. He told me that the company had sent two letters to us (which we never received as i would have responded to them). He told me the balance was £1003. He has addded over £400 as fees!!

he asked me how I intended to repay the debt. I stated i have every intention of repaying the council tax debt, but would not be paying the over inflated fees, as all he can charge me for is 1 visit which i believe is about £24.00

I also made him aware that i am serious ill with several life long incurable illness that require me to take several medications (including morphine) and that i am under the care of the local hospital and a specialist hospital in London. I stated that as i am classed as a vulnerable person he needs to make allowances for this and liaise with the council to seek advice on appropriate action

He turned very very nasty at this point and told me i would pay the the amount he says otherwise he will remove my property and will get the police there to make sure he can get entrance.

I have contacted the council told them of the above and of the charges he has placed on the account. I reminded them that i am serious ill and asked them to take the account back from the bailiff and agree a repayment plan with me.

The council i spoke to is going to discuss this with his manager and contact me tomorrow with the decision.

Any ideas on what i do next - and how i get rid of the bailiff and his charges??

Thanks

[Amy]

Re: Council Tax Arrears - bailiff involved

Well Fuzzy, this sounds to me as if you know what you're doing. You've done exactly the right thing so far.

Have a read of the bailiff guide and then come back if you have more questions Bailiff Guide - Legal Beagles Consumer Forum

Other than that, just keep the bailiff out of your house at all costs and you must, must, must keep the council in the loop at all times.

[fuzzybrain]

Re: Council Tax Arrears - bailiff involved

Thanks Amy - The bailiff was as polite and nice as possible at first, but when i started questioning the fees and stated the only thing he could charge for was a visit was £24.50 and not for sending letters and charging for a transportation and removal he got very very nasty and told me i was ignorant and I did not understand the bailiff charges and that I had to pay otherwise he was coing back in 48 hours.

Just to definately confirm (before i send a fax to the bailiff company) the only charge that can be made is £24.50 forn the visit and no other bailiff charges can be applied.

I also intend to fax the council and attach acopy of the letter with the balance shown as £1003 as it proves their inflation of charges and mis charging, plus to confirm my vulnerable person status. I will also include another I and E form and evidence of my medical condition.

He has never been in the house and never will be!!!!

What about putting levy on cars - does it matter if they are on the drive or street???

Is there anything else i should be doing/aware of???

[Amy]

Re: Council Tax Arrears - bailiff involved

If he didn't leave you any documentation to say he was charging you for the visit, then no, he cannot charge you for that either because each and every time they visit you and it incurs a fee, they must leave you the appropriate paperwork.

Also, the letter should have been in a sealed envelope and addressed to whoever pays the council tax as per the National Standards for Enforcement Agents.

Under the heading ‘Information and confidentiality’ it states the following:-

Enforcement agents should, so far as it is practical, avoid disclosing the purpose of their visit to anyone other than the debtor. Where the debtor is not seen, the relevant documents must be left at the address in a sealed envelope addressed to the debtor.

[fuzzybrain]

Re: Council Tax Arrears - bailiff involved

The balance when given to the bailiffs from the council was £978 but a payment we made that day of £220 wasn't deducted from the balance, so the true balance was £758, However the bailiff said that payment had been included with his balance,

All that was left was a typed letter (although it said hand delivered today and the date written in by hand) titled in huge letters that said attendance notice the clearance of goods.

It stated the balance of £1003.50 written in and said that he called today with transportation to remove my goods. This action will be taken without further notice.The usual info about contacting them within 48 or he will call back within the next 48 hours with the police in attendance in necessary to complete his task.

Says that he may remove sufficient goods and chattels as are necesary to clear the debt at public auction, this may include vehicles. The cost of removal contractors and auctioneers wil be deducted from the proceeds of the sale of my goods.

Then it gives the surname of the removal bailiff in charge and his mobile number.

There is no way i can prove he didn't put the letter in the envelope, so although i can and will complain about it, i doubt it will come to anything, but at least it shoots a warning across his bow that i'm not a push over and accept anything or everything he says.

If its ok to ask for further advice -what do i put in the letter to the council and bailiff company regarding the bailiff's balance being £345 more than the council say it is.

Also can he levy the car as he says he will and what would he need to leave to be able to charge me - and can he not just claim that he did the required paperwork??

I really appreicate the help - this is stressing me out a lot, which is not helping my health and it has aleady had a very negative impact upon my pain and have had to increase my morphine to try and reduce it. Should i mention this in the letters??

Many thanks for the help
xxx

[Amy]

Re: Council Tax Arrears - bailiff involved

You can ask anything as often as you like.

I would move the car, just for the time being because what we need here is the council to take the debt back and they must do this because of the fees that have been added and because they are threatening you with the police (when they know full well this is not possible without prior peaceful entry).

Quite apart from all that, as you have already identified; you are a vulnerable person.

There is plenty on the forum to give you ideas about what to write and if you'd like us to check over what you have written, then by all means post up a draft and we'll take a look.

[fuzzybrain]

Re: Council Tax Arrears - bailiff involved

Thanks Amy. Please could you take a look at this and give me your thoughts - all advice is gratefully (and desperately!!) welcomed

[Amy]

Re: Council Tax Arrears - bailiff involved

It's fine, you should send it immediately.

You should also copy that to the CEO of the council and invite their comments because it is they who are responsible for the actions of the bailiff.

[fuzzybrain]

Re: Council Tax Arrears - bailiff involved

It's all sorted. Council have taken back the account and have agreed a repayment plan and I have made the first payment.

The bailiff's fees have been wiped out and poor Mr Bailiff gets nothing from me!!!

Thanks for your help Amy, it has been very much appreciated. xx

[Amy]

Re: Council Tax Arrears - bailiff involved

Brilliant result, well done xx