Miss worried

[Miss worried]

Last year I made an arrangement with b&s to pay off a ct debt at 62.80 every fortnight.this was affordable as my partner was working at the time. My most recent payment was in december 2011. I have defaulted on two payments. I phoned them today to inform them that I could not pay now but would catch up. I explained that my partner had been diagnosef with MS and was waiting for his benefits to come thru. They said that because I had defaulted I had been passed to the bailiffs! I cannot pay right now and they want the outstanding debt of £434 immediately. Please help what can I do???

[labman]

Re: Miss worried

Have a read of this:

Bailiffs and COUNCIL TAX enforcement - Legal Beagles Consumer Forum

A question for anyone reading this thread - I can only find a terminated Consumer Credit Licence for Bristol and Sutor. Can anyone find a current one:

Public Register

[Miss worried]

Re: Miss worried

Thanks but I think that will take too long!

[labman]

Re: Miss worried

Thanks but I think that will take too long!

Why would it take too long? You can write to the Head of Revenues at the council via e-mail complaining that the bailiffs are refusing installments. If you get no success with the Head of Revenues, go to the CEO reminding him of the vicarious liability of the council and telling him that his Head of Revenues is condoning the bailiffs action.

You also need to find out the exact amount of the LO from the council to see if the amount of the debt is accurate, bearing in mind what you have already paid.

As bailiffs have not yet done any work, currently you have no fees to pay, just the original debt.

[Bill-K]

Re: Miss worried

About 20 minutes, I reckon - well worth the effort IMO, Miss W.

[Miss worried]

Re: Miss worried

I have just been reading more about gaining access to property and as I stupidly let them in once before, it says they can force entry! My partner is very ill at present and is worried sick!! I will phone the council tomorrow and see what they say. Thanks for your replies x

[pepsie]

Re: Miss worried

Your partner having been diagnosed with MS makes your household 'vulnerable' you must notify both the bailiff and the Council to this, if either give you grief then remind them legislation dictates the situation. Meanwhile, start to pay the Council using their online payment system at the rate you can justify to be affordable to you.
vulnerable situations

• Enforcement agents/agencies and creditors must recognise that they each have a role in ensuring that the vulnerable and socially excluded are protected and that the recovery process includes procedures agreed between the agent/agency and creditor about how such situations should be dealt with. The appropriate use of discretion is essential in every case and no amount of guidance could cover every situation, therefore the agent has a duty to contact the creditor and report the circumstances in situations where there is potential cause for concern. If necessary, the enforcement agent will advise the creditor iffurther action is appropriate. The exercise of appropriate discretion is needed, not only to protect the debtor, but also the enforcement agent who should avoid taking action which could lead to accusations of inappropriate behaviour.
• Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
• Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
• Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
• Those who might be potentially vulnerable include:
  • the elderly;
  • people with a disability;
  • the seriously ill;
  • the recently bereaved;
  • single parent families;
  • pregnant women;
  • unemployed people; and,
  • those who have obvious difficulty in understanding, speaking or reading English.

Pepsie

[Guest]

Re: Miss worried

Bill & labman are right, you DO need to write to the council

[HEAD OF REVENUES]
[NAME OF] Council
[ADDRESS & POSTCODE]

[DATE]

Dear sir.

FORMAL COMPLAINT

BY POST AND BY EMAIL

Re: Council tax [ACCOUNT NO.] & [amount AS SHOWN ON THE LIABILITY ORDER]

I make this formal complaint because I received bailiff from you on [DATE] collecting the aforementioned liability without having been sent a Final Notice or a Reminder to my home address as required by enforcement regulations.

I am in a vulnerable household for the purpose of civil enforcement, because my spouse suffers from MS. See Page 9 of the Ministry of Justice Leaflet http://www.justice.gov.uk/downloads/guidance/courts-and-tribunals/courts/enforcement-officers/national-standards-enforcement-agents.pdf

To resolve this complaint:

1. Return the case to council administration.
2. The council makes the necessary investigation why no Final Notice or Reminder was sent to the address the bailiff attended.
3. Quash the Liability Order under Section 82 of the Local Government Act 2003.
4. Make a full and proper investigation why the council (or its contractor) over charged me with fees contrary to prescribed enforcement legislation,

I will make the repayments for what I lawfully owe in affordable monthly installments of [AMOUNT] starting on [DATE]. Meanwhile, your enforcement contractor is being denied entry and access to goods because he has been caught cheating with his fees, which I understand is an offence under Section 2 of the Fraud Act 2006.

If you are unable, or unwilling to resolve this complaint in full, please mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene.

If you do neither by 3pm on [DATE IN 21 DAYS TIME] this complaint will automatically transfer up to the Local Government Ombudsman, and a Statement of Complaint will be made at a police station because this is an arrestable offence under Section 24 of the Police and Criminal Evidence Act 1984, and the police say I must give you a reasonable opportunity to resolve the matter before an investigation can be approved.

Yours Sincerely.


[NAME]
Encs. copy of:
Bailiffs document.
1st instalament cheque.

Meanwhile, this is how you deal with the bailiffs: http://www.legalbeagles.info/forums/showpost.php?p=243074&postcount=1

Also, Zacchaeus 2000 Trust is a charity that fights the causes of poverty and helps vulnerable debtors to gain justice against unfair systems. http://z2k.org/

[bluebottle]

Re: Miss worried

Check with the Equality and Human Rights Commission (EHRC) as regards you partner's MS under the Equality Act 2010. This may provide some form of additional protection or rights, in addition to that under the provisions already mentioned in the posts above.

Also, have you contacted the MS Society? They may be able to offer you advice and support or point you in the direction of someone who can help you in your local area.

Also, check out any local advocacy service in your area that deals with disability rights. They may be able to advise or help you.

Bluebottle

[bluebottle]

Re: Miss worried

Contact details for EHRC and MS Society -

EHRC - http://www.equalityhumanrights. com 0845 6046610

MS Society - MS Info, Research, News and Support | Multiple Sclerosis Society UK 0208 438 0700

Best of luck.

[Miss worried]

Re: Miss worried

Thank you all v er y much for your responses. I will definitely get in touch with these people tomorrow!! Thanks again.

[ploddertom]

Re: Miss worried

Also, Zacchaeus 2000 Trust is a charity that fights the causes of poverty and helps vulnerable debtors to gain justice against unfair systems. http://z2k.org/

As far as I am aware Z2K can only help those in London

[ploddertom]

Re: Miss worried

I have just been reading more about gaining access to property and as I stupidly let them in once before, it says they can force entry! My partner is very ill at present and is worried sick!! I will phone the council tomorrow and see what they say. Thanks for your replies x

Did they levy on any of your possessions, if so can you list them exactly as described on the Notice of Seizure they left? Did you also sign a Walking Possession Agreement?

If he attends again you do not have to allow him back in to your home. He will tell you otherwise and will issue all sorts of threats none of which he can carry out at this stage.

[Miss worried]

Re: Miss worried

So much advice but who do I contact first? I think I will try the council then the mp for my arrear.

[ploddertom]

Re: Miss worried

you contact the Council first to collate how much you owe etc. To claim the vulnerability aspect you will need to provide some proof of this and this should be sent to both Council & Bailiffs. Don't take any buck from the Council - remember those at the bottom have a script to read from so it is always a good idea to ask to speak to a more senior staff member.

The Council will probably still yell you they can't help & you will have to remind them of their responsibilities. They are 100% liable for the actions & conduct of their contractors. They are also prone to forgetting they have agreed to abide by the National Standards for Enforcement Agents.