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Council Tax Bailiffs at 39 weeks pregnant

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  • Council Tax Bailiffs at 39 weeks pregnant

    Hello all - I will try to keep this as brief as possible:
    Last week Weds found out when bailiff attended my home that there is a council tax amt o/standing for the previous tax year. Called the Council asking for details and a breakdown and found out some direct debits were returned (during a period of unemployment and financial difficulties). I then went online and made (late) payments but these were allocated to the current tax year.
    Due to the following 3 issues:
    -being 39 weeks plus pregnant and very financially stretched at the minute with baby on the way
    -self employed ie no income at the moment (off work with pre-eclampsia)
    -large instalment payment plan already in force for the current year
    I advised both Bailiff and Council of this and that I could start a payment arrangement on 1 August. CAB advised me that I was a "vulnerable person" so I wrote in a letter asking for an explanation of the amount the baiifff was chasing (different from Council's figure), told them I felt vulnerable and could they recall the debt from the Bailiff as this action as worsening my health because of stress. They replied yesterday: "Although it is understood that you are heavily pregnant I would point out that you are not the only person liable for council tax at this property who is able to deal with Mr Bailiff and it is not deemed necessary to recall the account from the bailiff office for the reasons of your pregnancy. If it is your choice not to deal with Mr Bailiff and to continue to contact the council directly then he is perfectly within his right to re-attend the premises. At this stage and in view of your payment history, the minimum requirement of Mr Bailiff is that he secure collection of the payment by levying on items in the property and/or a vehicle. Mr Bailiff is able to enter into negotiations in terms of repayment arrangements, however he will not do so without the security of items of value. We are satisfied that Mr Miller can continue in his duties until such time as he enters into an arrangement with you or that he returns the file to us if he feels it is the best course of action to do so." We have a car on HP and some furniture in the garden. I have not let him in as yet. Please can you help me. I have a doctor's check up this morning and I can already feel my heart racing as I feel so stressed. All I want is to be left alone to at least have my baby in peace - we can start repayments on 1st August and do not dispute the amount. Please advise.
    Tags: None

  • #2
    Re: Council Tax Bailiffs at 39 weeks pregnant

    Hi Nhamo, welcome to Legal Beagles, the key is to deny the bailiff a levy, so do not let him in under any circumstances, and put the garden furniture away or he may levy it, as the car is on HP it is out of the bailiffs reach, although he may well insist he can take it, he would be very silly indeed if he tried. He may claim a levy on a random or neighbour's car parked near your premises, but that would also be unlawful. I cannot stress this enough, do not let him in, what council and bailiffs are these? This is important as if Equita or Ross & Roberts (Ross 'n Robbers) the council may have a severe Capita infestation. Capita provide office services to councils, and guess what they own the two bailiff companies I mentioned. You are potentially vulnerable, and this would make the whole household vulnerable. Above all don't worry this can be sorted, and Beagles will be4 along to help

    You need to ask the council
    How many liability orders they hold for you
    How much is owing on each one
    When were they obtained
    When were they passed to bailiffs for action

    Comment


    • #3
      Re: Council Tax Bailiffs at 39 weeks pregnant

      Merton Council Bailiffs. I am not able to move the furniture myself and we do not have anywhere to store it. I assume then I should also move our (HP'd) vehicle? I have a medical appointment this morning for my health issues - can he levy if he comes while we are out? I cannot deal with this and also my health issues - I am completely overwhelmed. If I get another high blood pressure reading (which I probably will now) they may decide to induce the baby.

      Comment


      • #4
        Re: Council Tax Bailiffs at 39 weeks pregnant

        Hello - sorry I did not see your questions. Answers are 1, £920, not sure about when obtained and passed to Bailiff in Oct 2012.

        Comment


        • #5
          Re: Council Tax Bailiffs at 39 weeks pregnant

          Hi Nhamo and welcome to Legal Beagles,

          I have read your initial post and am both disgusted and disturbed by the attitude of the council involved. Taking account of the fact that you are 39 weeks pregnant and indicate pre-eclampsia, a condition, I am sure you have been told by your midwife, can have serious complications, the council seems completely oblivious to the fact that their actions are not only in breach of the Ministry of Justice's National Guidelines for Enforcement Agents, but their statutory duty under Section 3, Health & Safety at Work Act 1974 (Duty to Ensure the Health and Safety of the Public).

          I would certainly speak to your GP and midwife about the couldn't-care-less attitude of the council and we can help you draft a letter to send to the council officer who responded to your plea for commonsense to prevail, their line manager, senior manager and the chief executive of the council, reminding them of their statutory duty and the penalties, civil and criminal, pertaining thereto, especially if they have been alerted to the pre-eclampsia and ignored it.
          Life is a journey on which we all travel, sometimes together, but never alone.

          Comment


          • #6
            Re: Council Tax Bailiffs at 39 weeks pregnant

            Simon Alexander Miller Croydon County Court 25/02/2013 24/02/2015 London Borough of Merton
            CAVEAT LECTOR

            This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

            You and I do not see things as they are. We see things as we are.
            Cohen, Herb


            There is danger when a man throws his tongue into high gear before he
            gets his brain a-going.
            Phelps, C. C.


            "They couldn't hit an elephant at this distance!"
            The last words of John Sedgwick

            Comment


            • #7
              Re: Council Tax Bailiffs at 39 weeks pregnant

              Merton Council run their own in-house Bailiffs. As for your vulnerability issues then the the Council are wrong, it applies to the whole household. You must urgently contact your local Councillor(s) and appraise them of the situation. As for payments made being allocated to this years CT, it is your chaoice as to which year the monies were allocated to - only if nothing is said may they allocate it otherwise.

              Comment


              • #8
                Re: Council Tax Bailiffs at 39 weeks pregnant

                Originally posted by bluebottle View Post
                I would certainly speak to your GP and midwife about the couldn't-care-less attitude of the council and we can help you draft a letter to send to the council officer who responded to your plea for commonsense to prevail, their line manager, senior manager and the chief executive of the council, reminding them of their statutory duty and the penalties, civil and criminal, pertaining thereto, especially if they have been alerted to the pre-eclampsia and ignored it.
                One might wonder if the staff had been trained at Belsen.

                Comment


                • #9
                  Re: Council Tax Bailiffs at 39 weeks pregnant

                  Originally posted by ploddertom View Post
                  Merton Council run their own in-house Bailiffs.
                  Then they clearly have no excuse whatever.

                  Comment


                  • #10
                    Re: Council Tax Bailiffs at 39 weeks pregnant

                    http://www.merton.gov.uk/bailiffs.htm
                    CAVEAT LECTOR

                    This is only my opinion - "Opinions are made to be changed --or how is truth to be got at?" (Byron)

                    You and I do not see things as they are. We see things as we are.
                    Cohen, Herb


                    There is danger when a man throws his tongue into high gear before he
                    gets his brain a-going.
                    Phelps, C. C.


                    "They couldn't hit an elephant at this distance!"
                    The last words of John Sedgwick

                    Comment


                    • #11
                      Re: Council Tax Bailiffs at 39 weeks pregnant

                      These clowns need a tolchock in the yarbles, they are wrong wrong wrong about the vulnerability.

                      Comment


                      • #12
                        Re: Council Tax Bailiffs at 39 weeks pregnant

                        Originally posted by charitynjw View Post
                        Originally posted by The People's Republic of Great Merton
                        Whilst having exactly the same enforcement powers as a private company we apply bailiff law in a slightly different way. The bailiff team is required to work within the council's corporate policy and has a code of conduct that must be adhered to at all times.
                        So where is their Code of Conduct?

                        Comment


                        • #13
                          Re: Council Tax Bailiffs at 39 weeks pregnant

                          Originally posted by CleverClogs View Post
                          So where is their Code of Conduct?
                          What Code of Conduct? It appears to be non-existent.
                          Life is a journey on which we all travel, sometimes together, but never alone.

                          Comment


                          • #14
                            Re: Council Tax Bailiffs at 39 weeks pregnant

                            Originally posted by bluebottle View Post
                            What Code of Conduct? It appears to be non-existent.
                            It must be the one again following the Aliester Crowley Book Of The Law, as in

                            "Do What thou Wilt Shall Be The Whole Of The Law" or Make it up as we go along and to hell with the Regulations, as we are the council we are Judge Dredd We Are The Law... tossers. They need a phone call recording and putting up as a podcast to expose the buggers

                            Comment


                            • #15
                              Re: Council Tax Bailiffs at 39 weeks pregnant

                              Originally posted by bizzybob View Post
                              It must be the one again following the Aliester Crowley Book Of The Law, as in

                              "Do What thou Wilt Shall Be The Whole Of The Law" or Make it up as we go along and to hell with the Regulations, as we are the council we are Judge Dredd We Are The Law... tossers. They need a phone call recording and putting up as a podcast to expose the buggers
                              Sounds just like an Anonymous YouTube video.... "We are Anonymous. We are legion. We do not forgive. We do not forget. Expect us."

                              Can you imagine what that might come out like if the UK electorate turned on the present shower in Westminster... "We are the Electorate. We are legion. We will not forgive. We will not forget. Expect us to turf you out of power sometime very soon. Losers"
                              Life is a journey on which we all travel, sometimes together, but never alone.

                              Comment

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