making offer to council

[hammermitch]

I have had problems with Bailifs calling to collect council tax, despite the fact that i am in dispute with the council over the amount that i owe, i have offered to pay the council direct a reasonable amount each month to clear this debt, as i have told them that in no way will i be paying bailiffs fees or dealing in any way with the bailiff, the council have refused this and refuse to call the debt back from the bailiffs, do the council have to accept my offer of payment to clear the debt?

Also, i have informed the council and the Bailiff that i am a single parent family and am also now unemployed, again this has had no affect with either the Bailiff or the Council,

I would be very grateful of any advice and help as to where i stand, in particular any legislation i can use against the Bailiff or council

[ploddertom]

Re: making offer to council

Have you read this first http://www.legalbeagles.info/forums/...67-Council-Tax

[hammermitch]

Re: making offer to council

yes, i have sent a letter to the council and informed them by telephone that i am a vulnerable single parent family and am currently unemployed, they have completely ignored this and have refused to recall the debt from the Bailiffs, is there some reason why they are so reluctant to do this? do they suffer financially if they recall the debt? just wondered why they are being so stubborn, also refusing regular payments direct to the council, why?

[seduraed]

Re: making offer to council

just go to the council office and make payment the same day each fortnight when your dole comes in . If you are unemployed you should be receiving CT benefit and housing benefit so check with CAB that you are getting the right amount for each of these. I pay on line using the council system.

[ploddertom]

Re: making offer to council

yes, i have sent a letter to the council and informed them by telephone that i am a vulnerable single parent family and am currently unemployed, they have completely ignored this and have refused to recall the debt from the Bailiffs, is there some reason why they are so reluctant to do this? do they suffer financially if they recall the debt? just wondered why they are being so stubborn, also refusing regular payments direct to the council, why?

It is insufficient to just claim you are vulnerable, you do have to provide proof of same. If this is something you have done and they are still ignoring them then it is time to involve your local Councillor(s) - if they are reluctant or refuse then go straight to the Leader of the Council and his opposite number.

[ploddertom]

Re: making offer to council

You do not need the Council's permission to pay them. It is your money and doubtless the Bailiff is claiming you have to pay some ridiculous figure they have imagined. You may pay via online banking, Council website or automated phone. Mention is made above about paying in cash - if they refuse this you must ask politely for the name & position of the person refusing as this will form the basis of any complaint about the Council.

Incidentally are the Bailiffs involved Equita or Ross & Roberts. Most Councils have outsourced the majority of their admin functions to private companies, one such company is Capita & they also own the 2 Bailiff Co's mentioned. In many cases you do not speak to an actual Council employee on the phone.

[labman]

Re: making offer to council

Which of the letters from the linked section did you send? In future, make sure you deal purely in writing (email is fine) or record any telephone conversation if you have to. I appreciate sometimes it's unavoidable, but it's a good general rule.

[hammermitch]

Re: making offer to council

thanks for your replies, the Bailiffs are Reventus and the bailiff that is attending my address does not appear on the website as a certified bailiff, however i have been given the name of the court that issued his certificate by the bailiffs, why does his name not appear on the justice website?

Also the council have known for many years that i am a single parent family as i have been claiming housing and council tax benefit as was on working tax credits, now i have lost my job i am on JSA, however my point is the council knew before sending the bailiffs round that i was a single parent family, is this not classed as vulnerable?

[labman]

Re: making offer to council

thanks for your replies, the Bailiffs are Reventus and the bailiff that is attending my address does not appear on the website as a certified bailiff, however i have been given the name of the court that issued his certificate by the bailiffs, why does his name not appear on the justice website? It's just the way it works. The notification process is slow working through the system - that's why we recommend going beyond just the on line check.

Also the council have known for many years that i am a single parent family as i have been claiming housing and council tax benefit as was on working tax credits, now i have lost my job i am on JSA, however my point is the council knew before sending the bailiffs round that i was a single parent family, is this not classed as vulnerable?

Could you also answer the question in post 7 please? It would be helpful.

Thanks.

[hammermitch]

Re: making offer to council

Could you also answer the question in post 7 please? It would be helpful.

Thanks.

I did not use any of the letters from here, just several letters to the council recovery dept, suggesting that i pay a regular payment each month to clear the debt directly to the council if they call the debt back from the bailiff, the council refused to do this stating i must negotiate with the bailiff, i then emailed them to inform them that i am a single parent family and classed as vulnerable under the guidelines, i stated the council should have known this before sending the bailiffs round as i have been on working tax credits and so claiming council tax benefit, the council replied they knew i was a single parent but did not know i was vulnerable?

why are the council so reluctant to take the debt back from the bailiff and deal with me direct as i have offerd to pay in instalments, i am refusing to pay any bailiffs costs which so far are a total of £213 for one visit, do the council suffer financially if they take the debt back from the bailiff?

i am currently making a 2nd stage complaint to the council, i must do this before going to the ombudsman

any help would be very much appreciated

[labman]

Re: making offer to council

Alongside your complaint - you are right that they should at least consider recalling the debt as you fall into the vulnerable category under the NSfEA's, you should also make payments directly to the council using their online or automated telephone facilities. There is nothing which states you have to deal with the bailiffs, and I have a sneaky suspicion your letters may not have been read by any council employees, hence our recommended approach to use the template letters here.

Try to pay a regular amount on a weekly basis - the same day, every week, regular as clockwork. If you have a lump sum saved up from what you would have been paying, it would be a good idea to pay this in order to clear a little of the backlog. At least then it proves to them you are willing to repay the debt. They can't refuse payment and you can continue with your complaint alongside this.

Is it possible you could post up a redacted version of the letters you sent, just so we can see what they have received from you?

As long as you avoid letting the bailiffs make a levy, the most you will owe the bailiffs is £42.50 for two visits. They are not allowed, by law, to charge any more than that if nothing is levied upon. Just keep paying the council an affordable amount, every week, regular as clockwork and there's not a whole lot they can do, other than strengthen your complaint. It would be interesting to see what you've written though.

[ploddertom]

Re: making offer to council

You have to put yourself in control of the situation. Don't ask the Council just pay what you can afford. Have you claimed vulnerability from the Council, you will have to submit proof again. If they are still reluctant to accept this then you should contact your local Councillor(s) and ask them to intervene.

As for the Bailiff the company you mention have 1 Bailiff listed on the Register, you do need to send off for a breakdown of the charges they are applying. Have they ever gained access to your home or levied on goods outside? Have you ever been left a Notice of Seizure (Form 7)?

[labman]

Re: making offer to council

We all seem to be saying the same thing to you - it's really up to you now to do it! As Ploddertom says - it puts you firmly back in control which would be great for you.