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

[CleverClogs]

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

If it results in the same outcome as in the case in Hampshire, during 2012, it will certainly shake the bailiff, give Newlyns something to think about and, probably, give the local authority who hired Newlyns something to worry about. Judges don't make decisions as in the Hampshire case lightly.

It does seem a pity he cannot be sentenced to hang - see attachment:

[bluebottle]

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

It does seem a pity he cannot be sentenced to hang - see attachment:

He'd probably enjoy it, Cloggy. :grin:

[toobusy]

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

Toobusy its up to you but with the help of others like Bluebottle you can kick up such a fuss against this Bailiff that maybe he will lose his certificate and no one else will have the problems you had

hello, im more than prepared to fight my corner as the way bailiff has acted no one else should go through and there alot of vulnerable people , im quite thick skinned so can see through there threats, sure still have texts messages sent from another mobile asking to call the bailiff on another number b4 1.55pm etc... or they will come and remove goods and i'ii incur further costs, its lies after lies with them the council should also be made aware of the way they act, especially with debtors who have shown the effort to pay debts off

[bluebottle]

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

Maladministration, as the debt was already being cleared or had been cleared. Totally agree.


What, exactly, did he/they say to your neighbours? Probably something unintelligible and incoherent.


Unless he has previously levied distress on your goods, that notice is worthless. Agree. The demands and threats he scrawled on the top of the notice, in ink, were, to put a finer point on it, a bloody stupid thing to do. Brainless isn't the word for it. What the hell did he think he was doing?


How quaint!

I dare say that the Court whence his Certificate was issued might be interested in his usurpation of the role of a magistrate or judge.

Rest assured that no mere bailiff has the lawful power to confine you to gaol and, as for his decision being "final", one might expect every judge in the land would disagree. It's going to be interesting to see what the CJ or DJ at Watford County Court says about the bailiff's scrawlings.

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[labman]

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

Before we get totally carried away, I don't see any answers to post 2 yet. Did you phone the council and get the answers? Apologies if I've missed something, I'm trying to play catch up after a few days away.

I agree with writing to the certificating court, but think it would be better to draft something yourself and post it up here for us to view rather than ask one of us to write it.

Given the threatening nature of the paperwork, I'd be inclined also to visit your local councillor, or phone them any time between 8:30am - 9:00pm and seek their aid with the issue.

[bluebottle]

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

Before we get totally carried away, I don't see any answers to post 2 yet. Did you phone the council and get the answers? Apologies if I've missed something, I'm trying to play catch up after a few days away.

I agree with writing to the certificating court, but think it would be better to draft something yourself and post it up here for us to view rather than ask one of us to write it.

Given the threatening nature of the paperwork, I'd be inclined also to visit your local councillor, or phone them any time between 8:30am - 9:00pm and seek their aid with the issue.

I'm helping the OP to draft something, LM, and once it's drafted, it will be posted on this thread for all to see. It might also be advisable for the OP to make a formal complaint to the LA involved with a view to escalating to the LGO, if necessary.

[labman]

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

I'm helping the OP to draft something, LM, and once it's drafted, it will be posted on this thread for all to see. It might also be advisable for the OP to make a formal complaint to the LA involved with a view to escalating to the LGO, if necessary.

I assume that's drafting something for the certificating court? Also I'm sure it will be posted before being sent?

Personally I think getting the Councillor involved in the first instance would be advisable - if you don't know who it is, you can find out HERE.

[bluebottle]

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

I assume that's drafting something for the certificating court? Correct.

Also I'm sure it will be posted before being sent? Correct.

Personally I think getting the Councillor involved in the first instance would be advisable - if you don't know who it is, you can find out HERE. That would be my inclination, too.

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[labman]

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

Excellent - great to know we're all thinking down the same lines! :beagle:

[toobusy]

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

Before we get totally carried away, I don't see any answers to post 2 yet. Did you phone the council and get the answers? Apologies if I've missed something, I'm trying to play catch up after a few days away.

I agree with writing to the certificating court, but think it would be better to draft something yourself and post it up here for us to view rather than ask one of us to write it.

Given the threatening nature of the paperwork, I'd be inclined also to visit your local councillor, or phone them any time between 8:30am - 9:00pm and seek their aid with the issue.

Hello, rang council and sent them a email just got a reply back today saying i owe £1200 less than what the bailiff is asking for, and last years council tax is in dispute as wasn't working, and for this year there asking for all of it upfront, so I currently owe approx £2000 so newlyn's have added approx £1200 on for themselves or though I have yet to query this, but the response got was;

"The outstanding Liability Orders are with Newlyn Plc bailiffs who act as agents of Huntingdonshire District Council. At all times they are required to comply with the law and our contract/service level agreement.
We have previously confirmed to you that any payment you choose to make direct to the Council will be notified to Newlyn. However this does not mean that we are accepting a payment arrangement as any decision about terms of repayment of Council Tax and additional bailiff fees must be made direct with Newlyn."

So does this mean I have to deal with the bailiffs, ive told them many times my contract for council tax is with council and whoever they choose to appoint is there own choice but will only make payments direct to the council no one else and have no interest in dealing with bailiffs, is this legally correct?

advice would be very much appreciated


thanks

[CleverClogs]

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

You need to know what the buggers at Newlyn are charging and why.

Send them letter #1 from here ---> link

[toobusy]

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

ok im sendin this off 2day


thankyou

[labman]

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

Hello, rang council and sent them a email just got a reply back today saying i owe £1200 less than what the bailiff is asking for, and last years council tax is in dispute as wasn't working, and for this year there asking for all of it upfront, so I currently owe approx £2000 so newlyn's have added approx £1200 on for themselves or though I have yet to query this, but the response got was;

"The outstanding Liability Orders are with Newlyn Plc bailiffs who act as agents of Huntingdonshire District Council. At all times they are required to comply with the law and our contract/service level agreement.
We have previously confirmed to you that any payment you choose to make direct to the Council will be notified to Newlyn. However this does not mean that we are accepting a payment arrangement as any decision about terms of repayment of Council Tax and additional bailiff fees must be made direct with Newlyn."

So does this mean I have to deal with the bailiffs, ive told them many times my contract for council tax is with council and whoever they choose to appoint is there own choice but will only make payments direct to the council no one else and have no interest in dealing with bailiffs, is this legally correct?

advice would be very much appreciated


thanks

No, you do not have to deal with the bailiffs as long as they have no valid levy in place. If they have a valid levy, you have to deal with them.

The recommendation of this site is to pay an affordable weekly via the internet or the council's online banking. If the bailiffs don't get a levy, the most they can charge is £42.50.

You got excellent advice from Ploddertom in posts 2 and 3, but only today you are acting on it, following a reminder from CC.

I know how stressful this is, I've been through it with four LO's in place and it was horrendous. The sooner you act on good advice, the faster things will resolve. I know it's easy for me to say don't worry about the bailiff fees, but they honestly cannot charge more than £42.50 per LO if they do not have a valid levy.

[toobusy]

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

Hello, I acted on this straight away, it may seem its been a few days but im self employed so time is limited but this debt along with my others is a priority and one's which im slowly but surely paying off, im awaiting for response now from council and bailiffs as to what the extra £1200 approx is for. For this yrs council tax the council is asking for it all upfront.

again thankyou very much for your advice

[labman]

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

Sorry if I'm playing catch up, or you're having to repeat yourself for me. Did you default on this year's payments, or did they just refuse you the option of paying in installments immediately?