bailiffs entering house

[labman]

Re: bailiffs entering house

I'm perplexed why the Council haven't done it in this case?

I'm not! It is not in the council's interest to have the account returned to them. They will, and do, support their enforcement officers for as long as they can get away with it. :beagle:

[astraldream]

Re: bailiffs entering house

One thing that hasn't been brought up, is why if the OP has now made a payment arrangement with the Council directly, have the Council not contacted the baliffs and told them to leave it?

I had an unpaid bus gate ticket, upshot is, I rang up the Council and told them I don't deal with baliffs under any circumstances and that i'll only deal with them and that as I didn't have an opportunity to pay the inital fine (I had no idea about it until a Baliff letter arrived).

They tried to wriggle out of it, until I pointed out that they simply can't refuse to deal with me and that if they refuse to take my money, then imagine how that will do down in Court.

They accepted, and they called off the Baliffs, all of the Baliffs imagined fees were wiped out there and then by the Council.

I'm perplexed why the Council haven't done it in this case?

They wont take it back from the DCA. They have said they are not allowed to refuse me paying them but i will most likely get charges from the DCA.

All that being said i havent heard from Equita for 2 weeks which is odd. So i wonder if the letters i have sent are taking effect with the council?
Time will tell

[bluebottle]

Re: bailiffs entering house

They wont take it back from the DCA. They have said they are not allowed to refuse me paying them but i will most likely get charges from the DCA.

All that being said i havent heard from Equita for 2 weeks which is odd. So i wonder if the letters i have sent are taking effect with the council?
Time will tell

At the very least, the council should inform the DCA you are making payments to them and to stop all debt collection action. The council are correct in saying that they cannot refuse to take payments directly from you. If they refused, they would be deemed to be acting unreasonably. What excuse did they give for them not being able to "take it back from the DCA"? Ask them to quote the relevant statute law they are relying on to give credence to this statement. If they can't or won't, threaten them with the Local Government Ombudsman (LGO).

[labman]

Re: bailiffs entering house

Agreed 100% Bluebottle. AD, when they say they can't take it back they are lying. They can without any difficulty whatsoever. They are just refusing to do so in order to try to make payments on time next time - bullyboy tactics. They are behaving just as badly as their appointed agents.

Do as Bluebottle suggests. I'd suggest a strong letter to the CEO before the LGO, firstly as it may work if you point out their vicarious liability and the fact that they are laying themselves open to higher complaints, and possibly legislation if they refuse to take it back; Secondly because the LGO is likely to give it more credibility if you have tried to pursue your request through the council.

I actually tend to involve the Head of Revenues first knowing he will almost certainly back the bailiffs, then go to the CEO with the fact his Head of Revs is laying the council open to legislation, then mentioning the LGO then asking him to reconsider.

[titch2k6]

Re: bailiffs entering house

They wont take it back from the DCA. They have said they are not allowed to refuse me paying them but i will most likely get charges from the DCA.

All Councils will tell you this. On the bailiff letters we received, it was also clearly stated that all payments and correspondence was to be made directly to the bailiff's and not the Council.

So of course, we did the complete opposite.

We can make online payments via Santander BillPay service to our District Council. These payments are automated and go directly to the account for which they are being made. The bailiff letters, and any correspondence from the Council, will have to state the CT reference number on to which it relates.

So, with this information, we went online, through the BillPay system with our CT reference and made a payment on the account in arrears. Guess what? It was not returned by the Council saying "sorry, but we can not accept your payment". The Council will also report any payments made to the bailiff service.

I believe that taking this action was one of the deciding factors that made the Council take back our account into their administration.

[bluebottle]

Re: bailiffs entering house

Sounds like your local council didn't have much choice, Titch.

With money as tight as it is, why on earth are local councils hiring vermin like DCAs to do their revenue collection for them. They should save money and do it themselves.

Better still, find out which cretin hired the DCA involved and suggest to the council's CEO, rather forcefully, that the council terminates the cretin's employment. That would save even more money for the already harassed council tax payer.

[astraldream]

Re: bailiffs entering house

Agreed 100% Bluebottle. AD, when they say they can't take it back they are lying. They can without any difficulty whatsoever. They are just refusing to do so in order to try to make payments on time next time - bullyboy tactics. They are behaving just as badly as their appointed agents.

Do as Bluebottle suggests. I'd suggest a strong letter to the CEO before the LGO, firstly as it may work if you point out their vicarious liability and the fact that they are laying themselves open to higher complaints, and possibly legislation if they refuse to take it back; Secondly because the LGO is likely to give it more credibility if you have tried to pursue your request through the council.

I actually tend to involve the Head of Revenues first knowing he will almost certainly back the bailiffs, then go to the CEO with the fact his Head of Revs is laying the council open to legislation, then mentioning the LGO then asking him to reconsider.

Can i ask what an LGO is please? How do i find out the contact details for the head of revenues?

I thought all this was dealt with after i had sent two letters to them by recorded post first one with an income/expenditure sheet and a brief letter explaing that i will continue to pay them direct and at 50 per month rather than the 100 that i was paying.

Another letter disputing that i was always late, i will copy and paste this letter in a second. These letters were sent recorded post on the 19th of Jan to the revenue office but i have heard nothing since.

This is the letter regarding the supposed late payments...

[FONT='Arial','sans-serif']Dear Sir/ Madam,[/FONT]
[FONT='Arial','sans-serif'][/FONT]
Reference: 29681584


[FONT='Arial','sans-serif']Further to our recent emails with Peter Rooney regarding my payments for outstanding council tax debt, I enclose details of my payments to Equita. I have been making the payments to Equita by telephoning them on their payments line and making debit card payments. The dates listed in the ‘Dates Paid’ column are the dates on which the payments were deducted from my account by Equita.[/FONT]
[FONT='Arial','sans-serif'][/FONT]

[FONT='Arial','sans-serif']Pay Month[/FONT]

[FONT='Arial','sans-serif']Date required to be paid[/FONT]

[FONT='Arial','sans-serif']Date paid[/FONT]

[FONT='Arial','sans-serif']Paid to[/FONT]

[FONT='Arial','sans-serif']Days early / late[/FONT]

[FONT='Arial','sans-serif']Supposed pay date supplied by Equita[/FONT]

[FONT='Arial','sans-serif']December 2010[/FONT]

[FONT='Arial','sans-serif']20/12/2010[/FONT]

[FONT='Arial','sans-serif']06/12/2010[/FONT]

[FONT='Arial','sans-serif']Equita[/FONT]

[FONT='Arial','sans-serif']14 days early[/FONT]

[FONT='Arial','sans-serif']02/12/2010[/FONT]

[FONT='Arial','sans-serif']January 2011[/FONT]

[FONT='Arial','sans-serif']20/01/2011[/FONT]

[FONT='Arial','sans-serif']13/01/2011[/FONT]

[FONT='Arial','sans-serif']Equita[/FONT]

[FONT='Arial','sans-serif']7 days early[/FONT]

[FONT='Arial','sans-serif']11/01/2011[/FONT]

[FONT='Arial','sans-serif']February 2011[/FONT]

[FONT='Arial','sans-serif']20/02/2011[/FONT]

[FONT='Arial','sans-serif']02/02/2011[/FONT]

[FONT='Arial','sans-serif']Equita[/FONT]

[FONT='Arial','sans-serif']18 days early[/FONT]

[FONT='Arial','sans-serif']02/03/2011[/FONT]

[FONT='Arial','sans-serif']March 2011[/FONT]

[FONT='Arial','sans-serif']20/03/2011[/FONT]

[FONT='Arial','sans-serif']04/03/2011[/FONT]

[FONT='Arial','sans-serif']Equita[/FONT]

[FONT='Arial','sans-serif']16 days early[/FONT]

[FONT='Arial','sans-serif']31/03/2011[/FONT]

[FONT='Arial','sans-serif']April 2011[/FONT]

[FONT='Arial','sans-serif']20/04/2011[/FONT]

[FONT='Arial','sans-serif']04/04/2011[/FONT]

[FONT='Arial','sans-serif']Equita[/FONT]

[FONT='Arial','sans-serif']16 days early[/FONT]

[FONT='Arial','sans-serif']28/04/2011[/FONT]

[FONT='Arial','sans-serif']May 2011[/FONT]

[FONT='Arial','sans-serif']20/05/2011[/FONT]

[FONT='Arial','sans-serif']04/05/2011[/FONT]

[FONT='Arial','sans-serif']Equita[/FONT]

[FONT='Arial','sans-serif']16 days early[/FONT]

[FONT='Arial','sans-serif']31/05/2011[/FONT]

[FONT='Arial','sans-serif']June 2011[/FONT]

[FONT='Arial','sans-serif']20/06/2011[/FONT]

[FONT='Arial','sans-serif']02/06/2011[/FONT]

[FONT='Arial','sans-serif']Equita[/FONT]

[FONT='Arial','sans-serif']18 days early[/FONT]

[FONT='Arial','sans-serif']30/06/2011[/FONT]

[FONT='Arial','sans-serif']July 2011[/FONT]

[FONT='Arial','sans-serif']20/07/2011[/FONT]

[FONT='Arial','sans-serif']04/07/2011[/FONT]

[FONT='Arial','sans-serif']Equita[/FONT]

[FONT='Arial','sans-serif']16 days early[/FONT]

[FONT='Arial','sans-serif']01/08/2011[/FONT]

[FONT='Arial','sans-serif']August 2011[/FONT]

[FONT='Arial','sans-serif']20/08/2011[/FONT]

[FONT='Arial','sans-serif']03/08/2011[/FONT]

[FONT='Arial','sans-serif']Equita[/FONT]

[FONT='Arial','sans-serif']17 days early[/FONT]

[FONT='Arial','sans-serif']31/08/2011[/FONT]

[FONT='Arial','sans-serif']September 2011[/FONT]

[FONT='Arial','sans-serif']20/09/2011[/FONT]

[FONT='Arial','sans-serif']02/09/2011[/FONT]

[FONT='Arial','sans-serif']Equita[/FONT]

[FONT='Arial','sans-serif']18 days early[/FONT]

[FONT='Arial','sans-serif']04/10/2011[/FONT]

[FONT='Arial','sans-serif']October 2011[/FONT]

[FONT='Arial','sans-serif']20/10/2011[/FONT]

[FONT='Arial','sans-serif']06/10/2011[/FONT]

[FONT='Arial','sans-serif']Council[/FONT]

[FONT='Arial','sans-serif']14 days early[/FONT]

[FONT='Arial','sans-serif']31/10/2011[/FONT]

[FONT='Arial','sans-serif']November 2011[/FONT]

[FONT='Arial','sans-serif']20/11/2011[/FONT]

[FONT='Arial','sans-serif']02/11/2011[/FONT]

[FONT='Arial','sans-serif']Council[/FONT]

[FONT='Arial','sans-serif']18 days early[/FONT]

[FONT='Arial','sans-serif']30/11/2011[/FONT]

[FONT='Arial','sans-serif']December 2011[/FONT]

[FONT='Arial','sans-serif']20/12/2011[/FONT]

[FONT='Arial','sans-serif']01/12/2011[/FONT]

[FONT='Arial','sans-serif']Council[/FONT]

[FONT='Arial','sans-serif']19 days early[/FONT]

[FONT='Arial','sans-serif']30/12/2011[/FONT]

[FONT='Arial','sans-serif']January 2012[/FONT]

[FONT='Arial','sans-serif']20/01/2012[/FONT]

[FONT='Arial','sans-serif']03/01/2012[/FONT]

[FONT='Arial','sans-serif']Council[/FONT]

[FONT='Arial','sans-serif']17 days early[/FONT]

[FONT='Arial','sans-serif']N/A[/FONT]

[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']As you can see from the table above, I have made every payment to Equita before the date that I am required to pay and have continued to make payments early until the date that I began to pay pay directly to Liverpool Council. I began paying directly to Liverpool Council when dealing with Equita became unworkable because of their rudeness and attitude towards me. I cannot account for the incorrect dates given by Equita and can only presume that they have been fabricated in order to paint me in a bad light. If necessary I will contact my bank and ask if they can provide me with a list of the payment dates for you to show that the information supplied by me is correct.[/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']In respect to Equita claim that I continually requested that my payments be reduced, can I reiterate that only once have I contacted them and asked if I could reduce my payments and that was in August 2011, when I was expecting my personal circumstances to change and I felt it proper to try to negotiate a payment with Equita rather than default. I believe Equita unreasonably refused my request and have continued to treat me unfairly since. [/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']I believe Equita have applied charges to my account when I have paid the money owed, but I am unable to confirm this as they have refused to provide me with an account balance or provide me with details of any charges. I dispute any charges applied, as I have maintained payments to Equita as required by my payment agreement up until October 2011 when payments were made directly to Liverpool Council. I consider Equita’s treatment of me, and Liverpool Council’s refusal to resolve my concerns to amount to harassment and should I not receive adequate resolution, will be contacting the Financial Ombudsman Service as I believe Equita’s actions are in breach of the [/FONT][FONT='Arial','sans-serif']Office of Fair Trading Debt Collection Guidance.[/FONT]
[FONT='Arial','sans-serif'][/FONT]
[FONT='Arial','sans-serif']Furthermore, I cannot continue to deal with Equita because I do not believe that they have acted fairly with me and request that any account I have with them is closed. I will continue to maintain payments on my debt directly to Liverpool Council or to an appointed agent of Liverpool Council.[/FONT][FONT='Arial','sans-serif'][/FONT]


Surely that was enough to call off their knuckle draggers..?
I got home last night to receive a letter with FINAL DEMAND in a big red box at the top of the letter with the following..


RE. Magistrates Liaility Order Dated 19/05/2010
Owed to Liverpool City Council
Unpaid Council Tax

Our aillfs will be back in your area next week and willbe looking to seize goods in respect of your unpaid Council Tax owed to Liverpool City Council. Our Clients have instructed us under the Council Tax (Administration & Enforcement) (Amendment) Regulations 2003.

Under The Act we are authorised by our clients to seize goods with respect of unpaid amounts. Unless we receive a communication from you with your proposals to discharge this debt we will be forced to execute the Magistrates Liability Order issued against you.

We trust you will give this matter your urgent attention.


I have told the council on numerous times on the phone and more recently by e mail or letter i dont want to deal with this company as they are making me ill due to their threatening behaviour.

Who else do i write to and what do i say?

I'm sorry to keep asking but i really dont know what else to do, i have continued to pay them and wrote to them saying i dont want to deal with this company but i am getting nowhere and i feel like i am sinking.:tinysmile_cry_t:

[astraldream]

Re: bailiffs entering house

I have tried to attach letter in word so its easy to read.

[astraldream]

Re: bailiffs entering house

Is anyone able to help?

[ploddertom]

Re: bailiffs entering house

Where your letter refers to the Financial Ombudsman Service needs removing as they are not involved in this. What I would do in your shoes is to address this to the CEO of the Council marking both letter & envelope "Formal Complaint" and replace the part about the Financial Ombudsman with Local Government Ombudsman - the LGO.

Have you also contacted your local Councillor(s) to ask them to intervene. In my view they are contactable 7 days per week up until 9pm. Any reluctance or refusal then go over their heads to the Leader of the Council and his opposite number.

As for the breakdown of fees - when did you send this off, did you send by email as well as post?