Bailiffs & Council Tax

[vunerable]

I have been, unfortunately paying my council tax via the bailiffs for several years, I know some people will say don't they ever learn!, but I am trying to get in a position to only have my existing years tax to pay as unable to pay both. In the beginning it was ok they only charged for the visits, walk in fee as far as I remember. Lat year I was charged for section H, Levi fee & enforcement fee. I had the enforcement fee returned by the council after a bit of two-ing & fro-ing with the council.
Well yesterday I got my first visit for this years council tax. I never answered the door & as they had my phone no on record they phoned me. The woman said I owed £150 from my last bill which I have checked several times & I owe only £45.34 which is due tomorrow. I was told I had to pay £260 immediately i said I never had that money, she advised me I had no choice when I said in the past I had paid £100 (this is apart from last time when I was bullied into paying £250 or I loose my stuff) she replied she didn't care what i paid before this is what i was going to pay now. When I asked why so much she replied I had to pay for the following costs

£24-50 for 1st visit
£18.00 for second visit
£24.50 Section H
£12.00 walk in fee
£49.00 Levi fee
£151.00 for enforcement fee (the Van)

She repeatedly asked me to add the figures up & I refused & asked her not to be so patronizing she would not stop demanding for me to add them up I insisted I didn't need to add them up as all I asked for was a break down. I then said "ok you told me they total £260 so that must be the total" again she insisted I add them up.I cant remember whether i agreed with her or not as I couldn't get my head round why she wanted me to do this. In hind site I think this was something to do with maybe getting me to agree that I need to pay that amount, not sure if she was recording my conversation!!

She told me if I didn't pay my normal amount on sunday then I would be defaulting but "TO HELP ME OUT" I could pay her just the £260 & then pay nothing again until the 28th of next month, this is what happened last time, She told me if I make my payment tomorrow I will still have to make a payment of £260 on the next call. She also quoted how many times they had called in the past she had no intention of making several calls she WILL sort it straight away.

I have started to write an email to the council about this & begging them to take back the debt so I can pay them instead but not sure this will happen.

I have called myself venerable because I have been a victim of mental & physical abuse, the person was charged & sent to prison. I cannot deal with this kind of stress. I have been a physical wreck since the phone call & my blood pressure is quite high due to this. Why has it turned into such a nasty business when all they need to be is human.

I live in a flat with a garden in the back & front, the front garden is open but the back garden has 2 gates with locks on, Inside my garden is a shed with no door but childrens toys occupy it & a summerhouse with double glazed windows & doors that are locked are they allowed to gain access to this area by force? Also I have a garage the cable on the door is broken at the moment so hard to open but no lock on it are they allowed to gain access to the garage?
Thank you

[vunerable]

Re: Bailiffs & Council Tax

Also I f I pay the 1st visit & 2nd visit to the bailiffs will that give me breathing space?

[labman]

Re: Bailiffs & Council Tax

I think you need to phone the council first thing on Monday morning and find out:

1. How many Liability Orders they have against you, and the account numbers against which each LO was made.
2. The dates they were obtained?
3. The addresses they were for?
4. The period of time each covers?
5. How much each one was for?
6. How much is still outstanding?
7. The dates they were passed on for enforcement?

I would also write to the bailiff company with the following letter:

[YOUR ADDRESS]
[DATE]



To:
[Insert Name and Address of Bailiff Company]

Ref: Account Nos: 123456, 345678 and 567890

Dear Sir,

With reference to the above accounts, I would be grateful if you could provide me with separate breakdowns of all charges incurred.

This includes, but is not necessarily limited to the following:

a the time and date of any bailiff action that incurred a fee or charge.
b the reason for the fee or charge.
c the name(s) of the bailiff(s) that attended on each occasion a fee was charged.
d the name(s) of the Court(s) at which the Bailiff(s) was/were Certificated.
e the date of certification.
f the initial balance, and any amount currently outstanding on the account

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully,




Once we have that information, we can begin to move forward with you.

[vunerable]

Re: Bailiffs & Council Tax

Thank you for your reply

Besides the one that they are just trying to start I only have one other which after all the charges mentioned, which I obtained from them last year in writing, & payments made I owe £45.35. This is a copy of what they sent me last year.

		date			date
debt			817.34			817.34
fees	First Visit	08.09.11	24.50		06.06.12	24.50
	Second Visit	17.02.12	18.00		03.09.12	18.00
	Walking Possession	28.03.12	12.00		02.10.12	12.00
	Levy	28.03.12	49.00		02.10.12	49.00
	Section H	28.03.12	24.50		02.10.12	24.50
	Card Fees		7.50
	Enforcement Fee					146.00
total due			952.84			1091.34
payments
		29.03.12	145.34		02.10.12	250.00
		30.04.12	101.50
		29.05.12	101.50
		29.06.12	101.50
		30.07.12	101.50
		29.08.12	101.50
total payments			652.84			250.00
current balance			300.00			841.34
Total Amount Outstanding					1141.34			The £300 was paid in Oct, Nov, Dec £100 each month so that was paid off

The new debt I started paying in Jan I have made 5 payments of £100 & 1 for £150 making a total of £650 the council agreed to wavier the £146.00 which leaves me a last payment of £45.35. I sent them a High priority email yesterday @ 3.30 pm but still no reply. I have receipts for all my payments & an email confirming the payment of the £146 to be taken off here is a copy of the part of the email from the council
Whilst the Bailiff did visit your property in a van and the fee of £146 was raised correctly, I have contacted Ross and Roberts and advised them to remove this fee as a gesture of goodwill. I would respectfully request that you keep up with your arrangement of £100 per month (payable direct to Ross and Roberts) to clear this outstanding debt. If payments are made as indicated Ross and Roberts will not call on you again. I must inform you that if payment is not made as agreed, then enforcement action will recommence and you will incur additional fees

As you will see the council also say they are within their right to turn up & charge for the van but this is the only way they turn up!!

Thank you

I think you need to phone the council first thing on Monday morning and find out:

1. How many Liability Orders they have against you, and the account numbers against which each LO was made.
2. The dates they were obtained?
3. The addresses they were for?
4. The period of time each covers?
5. How much each one was for?
6. How much is still outstanding?
7. The dates they were passed on for enforcement?

I would also write to the bailiff company with the following letter:

[YOUR ADDRESS]
[DATE]



To:
[Insert Name and Address of Bailiff Company]

Ref: Account Nos: 123456, 345678 and 567890

Dear Sir,

With reference to the above accounts, I would be grateful if you could provide me with separate breakdowns of all charges incurred.

This includes, but is not necessarily limited to the following:

a the time and date of any bailiff action that incurred a fee or charge.
b the reason for the fee or charge.
c the name(s) of the bailiff(s) that attended on each occasion a fee was charged.
d the name(s) of the Court(s) at which the Bailiff(s) was/were Certificated.
e the date of certification.
f the initial balance, and any amount currently outstanding on the account

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

I require this information within 14 days.

Yours faithfully,




Once we have that information, we can begin to move forward with you.

[vunerable]

Re: Bailiffs & Council Tax

ok thank you

Can I email the letter or do I need to send it by post?

Thanks

[CleverClogs]

Re: Bailiffs & Council Tax

Ross & Roberts indicates that your local council has a Crapita infestation.

This is why they seem to condone overcharging, as the bailiffs are part of the same group.

[bluebottle]

Re: Bailiffs & Council Tax

Vulnerable,

Are you receiving medical treatment in connection with the abuse you suffered? If so, this may put you in the vulnerable category under the MoJ National Standards for Enforcement Agents. If you are receiving ongoing medical treatment, even if this only involves medication, a letter from your GP confirming any medical treatment may help. I have attached a copy of the National Standards for your information.

[vunerable]

Re: Bailiffs & Council Tax

No I am not on medication I try to stay away from it but I know if I went to the docs now I would have high blood pressure as I can feel my heart racing & being light headed & shaking.

I am sorry if I came across as thick or ungrateful on my forum I cant help but panic more about the confrontation it scares me to death, my heart is racing all the time thinking about it. My monthly payment is £100 but I have calculated that I only owe the £45.34 but she has said I owe more without any explanation her words were she wasn't interested in that one only the new one. What do I pay tomorrow?

They used to have an online account that showed how much you owed when you made a payment but this has gone now.

Can I email the letter you gave me to the company ?

Thank you again

[labman]

Re: Bailiffs & Council Tax

I think you should write to the bailiff company and copy it to the CEO and Head of Revenues at the council reminding the council of their vicarious liability for their appointed enforcement agents. I would explain why you are vulnerable and ask for the bailiffs to put a hold on all enforcement action while the council decide whether or not they will take the debt back.

Meanwhile pay the council directly either online or via their automated telephone service - obviously you should explain you will continue to pay via the council in your letter.

I still think that if it is not too much for you all at once you should send the letter in post 2 separately and phone the council to find out the information stated there. I know you have given a breakdown above, but it will do no harm to get it again.

I don't know whether or not I'm correct in thinking you may have already completely settled some accounts from previous years. Could you clarify that please?

Thanks.

[vunerable]

Re: Bailiffs & Council Tax

Thank you

Yes the only one outstanding is the last payment tomorrow.

This is why it is so hard for me to deal with as well the fact I have always paid the agreed amount until it has been paid in full there is no need to be so nasty

Thanks

[labman]

Re: Bailiffs & Council Tax

Yes the only one outstanding is the last payment tomorrow.

I thought you said in Post 1 you received a visit only yesterday for this year's CT bill?

[vunerable]

Re: Bailiffs & Council Tax

Yes that is right, sorry what i meant is, in the last post was, the only OTHER (2012/3) one outstanding which should be finished tomorrow. Then this years (2013/4) which is what the visit yesterday was about.

Sorry hope this makes sense now
Thank you for being patent

[bluebottle]

Re: Bailiffs & Council Tax

No I am not on medication I try to stay away from it but I know if I went to the docs now I would have high blood pressure as I can feel my heart racing & being light headed & shaking.

I am sorry if I came across as thick or ungrateful on my forum I cant help but panic more about the confrontation it scares me to death, my heart is racing all the time thinking about it. My monthly payment is £100 but I have calculated that I only owe the £45.34 but she has said I owe more without any explanation her words were she wasn't interested in that one only the new one. What do I pay tomorrow?

They used to have an online account that showed how much you owed when you made a payment but this has gone now.

Can I email the letter you gave me to the company ?

Thank you again

Any letters regarding matters such as CT arrears can be sent by email, but you should always send a hard copy letter as well, preferably, by Royal Mail "Signed For" so that if the email disappears into cyberspace, the hard copy letter should get there. Also, if there was any query later on down the line and they have been sent a hard copy letter, they cannot claim they were not told. "Signed For" mail service has its uses.

[ploddertom]

Re: Bailiffs & Council Tax

Each time they claim a levy & Walking Possession, do they list the same goods each time? I am concerned when you say you have been in this position for a number of years that you have been taken as a "cash cow", I think this may be one of those instances where a Subject Access Request to the Bailiffs may be in order.

[labman]

Re: Bailiffs & Council Tax

Each time they claim a levy & Walking Possession, do they list the same goods each time? I am concerned when you say you have been in this position for a number of years that you have been taken as a "cash cow", I think this may be one of those instances where a Subject Access Request to the Bailiffs may be in order.

Indeed, that's why I amended the letter to cover all accounts, but as it is clear they are not all live now, I agree a SAR would be in order.

You can find one at Number 3 here:

http://www.legalbeagles.info/forums/...Useful-Letters

It will need pluralising, so account -----> accounts etc....

It will also replace the letter in post 2, it carries a £10 Statutory maximum fee and they have 40 calendar days in which to reply.