Council Tax committal to prison by bailiff even though making direct payments

[toobusy]

Hello,

been unemployed for near on 2.5yrs upto 6month ago, so debts mounted up and for some reason council didn't receive my forms for council tax benefit even thou was gettin job seekers allowance and housin benefit.

Now debt has mounted upto a couple of thousand and from 6 months ago when started own business as couldn't stay unemployed, been makin small payments, lately (past 3 months) business has been going up so increased payments by a huge amount paid directly to the council.

They past the debt to newlyn bailiffs who have been basically harrassin me with bashin the door at early/ late hours, rantin at neighbors askin my whereabouts, sendin txt messages frm different no's to call the bailiff etc...

Ive told them many times cant afford to pay full amount they keep on sayin have to let bailiff into property to discuss which ive refused.

today received a bright red hand delivered letter

"removal of goods notice" magistrates liability order for unpaid council tax

and at the top handwritten "committal proceedings" if no reply or allowed access, call the bailiff not office as the bailiffs decision is final!

Can anyone offer any advice as ive called council several times when makin payment and all they say is that there not interested and speak to bailiff. I've no interest in dealing with the bailiffs or calling them due to previous experience of them lying/ cheatin ways .

Also the bailiffs keep on addin charges the last one was for £95 and another for £200 when they threatened to come around in a van at 6am, so know the bulk of the amount is bailiffs charges.

can anyone offer any advice as even thou im makin payments still cant do anything, im defo not avoidin the council tax or my debts but they are takin time to pay off tried to explain this to bailiffs but no luck whatsoever and seems they cant b bothered, its enough stress tryin to make business work let alone constant hounding by bailiffs

any advice would b very much appreciated

thanks

[ploddertom]

Re: Council Tax committal to prison by bailiff even though making direct payments

You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
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
8 - the dates & amounts of any payments

[ploddertom]

Re: Council Tax committal to prison by bailiff even though making direct payments

You are doing the right thing by refusing to deal with the Bailiff. If anyone asks tell them you wish to know which Regulation says you have to deal with or speak to a Bailiff - there isn't any. You can safely ignore the letter they have sent you - Andrex has more value - + the final decision lasts with the Council & not the Bailiff. By paying the Council direct and as long as you do this on a regular basis then getting a Committal Hearing is going to be a long shot as you can prove you are making payments.

Providing you dent the Bailiff access to your home or prevent him levying on goods outside then there is not much he can do. He may visit as many times as he likes but if no goods are seized then he is limited in charges to a maximum of £42-50 for his first 2 visits - he can charge no more. It will pay you to send for a breakdown of his fees and see what fairy story you get back - they are well renowned for fictitious levies etc. Send Letter 1 from http://www.legalbeagles.info/forums/...Useful-Letters

[toobusy]

Re: Council Tax committal to prison by bailiff even though making direct payments

hello, shall i ask tis in writin as every time call council say speak to bailiffs as its past over to them

[ploddertom]

Re: Council Tax committal to prison by bailiff even though making direct payments

You are entitled to that information. What Council are you dealing with?

[toobusy]

Re: Council Tax committal to prison by bailiff even though making direct payments

Huntington council

[ploddertom]

Re: Council Tax committal to prison by bailiff even though making direct payments

Huntington council

There is a chance that when you have spoken to the "Council" you have spoken to a member of a private company and not a Council employee. Many Councils outsource their back office functions in this way. One such are Capita - who I note provide payment systems for your Council - and they are not noted for being cooperative. If you are being given the run around it is best to contact your local Councillor(s) to act on your behalf, in my view they are contactable 7 days per week up until 9pm - initial contact is best by phone.

[toobusy]

Re: Council Tax committal to prison by bailiff even though making direct payments

ok will do that 2morow, already spoken to council tax depatment manager 2 months back and she even says that have to discuss with bailiff as they past it over to them so not interested anymore, even when made the last payment few days ago the women said should b paying bailiff not council

do u think it might go to jail even thou been increasin my payments but ignorin bailiffs, might the court think ive been uncooperative?




thanks

[ploddertom]

Re: Council Tax committal to prison by bailiff even though making direct payments

ok will do that 2morow, already spoken to council tax depatment manager 2 months back and she even says that have to discuss with bailiff as they past it over to them so not interested anymore, even when made the last payment few days ago the women said should b paying bailiff not council Maybe you should remind the Council that they are 100% responsible for the actions & charges of their contractor, that the debt remains with them & they may order its return at any time.

do u think it might go to jail even thou been increasin my payments but ignorin bailiffs, might the court think ive been uncooperative? I would doubt this would go anywhere near a Court, you have been making voluntary payments so are not "wilfully avoiding payment". Sounds more like the Bailiff is getting totally p****d because you are dealing with the Council and he sees his share disappearing. Have you read this http://www.legalbeagles.info/forums/...y-for-%A342-50!! - it's a long read but you can see the type of thing you are up against.




thanks

PTPT

[toobusy]

Re: Council Tax committal to prison by bailiff even though making direct payments

thats a very interesting read, hence wy ive not botered wit the bailiffs, also what ive noticed is everytime make payment to council the bailiff attends or sends letters a few days after

so a clear indication there very pissed off that im not dealin with them but the council

do you think the council will leave it with the bailiff for the foreseeable future or they'll take it back?

thanks for the advice

[bluebottle]

Re: Council Tax committal to prison by bailiff even though making direct payments

The bailiff in your case, as well as behaving like a complete moron, is sailing very close to the wind legally. He cannot demand entry to your home, other than in exceptional circumstances which require a court order signed in ink by a judge, which is unlikely in your case.

I would certainly send a letter to the Circuit Judge or District Judge at the court that issued his certificate, together with a photocopy of the letter he posted through your door with the handwritten threats. I doubt whether a judge would take a favourable view of such behaviour. Ask the judge what further action, if any, they wish you to take or, if not, that the matter lie on file and be taken into consideration when the bailiff's certificate falls due for renewal.

Please be aware that county courts have the power to revoke a bailiff's certificate without a formal complaint, called a Form 4, or a hearing. This has happened in the last 14 months.

[toobusy]

Re: Council Tax committal to prison by bailiff even though making direct payments

hello, how do I find out which court issued his certificate? bailiffs name is Ben smith, ive never actually seen or talked to the bailiffs direct as when ive been in didn't even go to the door and have never ever called there mobile phone

Called newlyn office several times and always get told need to contact the bailiff not them, which is why stopped callin them few months ago, should I write to newlyn and ask them for this information along with a list of there charges? or should I write to the council asking them as at the end of the day they are the one's who have appointed the bailiff and ive said to them numerous times that do not talk or deal with bailiffs as my debt is with the council.

thanks



thanks

[ploddertom]

Re: Council Tax committal to prison by bailiff even though making direct payments

Would suspect it is Watford County Court - http://certificatedbailiffs.justice....o?search=smith

The reason the Council contact them is to advise a payment has been made which in turn lowers the sum outstanding.

[bluebottle]

Re: Council Tax committal to prison by bailiff even though making direct payments

There you go, Toobusy. If you need help drafting a letter to the judge at Watford County Court, please ask. Before you write, ring the court and ask whether they have a District Judge or a Circuit Judge and their name. Please remember that the salutation on a letter to a judge is "Your Honour", if they are a district or circuit judge, and "My Lord", if it is a judge in one of the higher courts, i.e. High Court, Court of Appeal, not "Dear Sir" or "Dear Madam".

[enquirer]

Re: Council Tax committal to prison by bailiff even though making direct payments

There is a chance that when you have spoken to the "Council" you have spoken to a member of a private company and not a Council employee. Many Councils outsource their back office functions in this way.

Good point.

That way they (vicarious liability notwithstanding), can claim that they 'didn't know'. I circumvent this situation (internal departments can be just as bad), by sending correspondence directly to the Chief Executive. It gets passed on of course, but it means that they can't claim ignorance.

It also means that inconvenient correspondence can't become 'accidentally' lost.