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Hi,
I recently received four letters stuffed in an envelope together from Equita bailiffs, apparently relating to council tax for a previous property. The very next day, they must have visited whilst I was out & hand delivered a nasty follow up saying that they were coming to take goods etc. I immediately wrote to them, using information I found on this site, 'There is only an implied license under English CommonLaw for people to be able to visit us on our property without expresspermission; the postman and people asking for directions' etc. to stop them visiting. I stated that they could not continue with action whilst a debt is in dispute - which it is - and said I would be dealing direct with SODC. And I immediately wrote to SODC, to request full information about this debt/debts and what it all relates to - again using info from this brilliant site. I've had no paperwork from SODC at my current address, so it seems they have jumped straight to bailiff action without my knowledge and sent all the correspondence to my old address.
I am here with three young children, during the week as my husband works abroad & I do not want to deal with bailiffs on my own, I feel very vulnerable & I am suffering from stress/high blood pressure, in addition. I have now received a secure email from SODC, outlining what the debts apparently relate to & the periods they are for - small amounts for periods which I need to go back & check to see if they are correct. My husband got made redundant three times in 2012/13 and I was also made redundant from my job. We had to go onto Jobseekers Allowance & Housing Benefit whilst we looked for jobs - we had no income for most of 2012/13. We really struggled financially, not helped by a £300 deficit/shortfall per month between housing benefit amount we received and the actual rent. We eventually received some discretionary housing payment to help meet the large gap but we had a terrible time trying to feed three children & survive on very little. I kept in touch with the council throughout - but these four smallish bills seem to relate to periods when my husband managed to get bits of work & we came off benefits briefly, only to go back on when work dried up again due to redundancy. In short, the council did make some mistakes, there was a lack of communication between the Jobcentre & the council (different counties & systems that do not speak to each other) etc. I am not sure we actually owe the debts they are now claiming - hence me saying that this is in dispute.
The council's email states that whilst they have put the matter on hold with the bailiffs for 30 days, whilst they review our benefits query they say in the next paragraph as follows:
Finally, I note you have sent a letter to Equita, dated 9 November 2013, concerning your allegation of ‘trespass’ and that you do not allow them any right of access. However, I must point out that withdrawing consent to the right of access to the property does not override the legal right of the bailiff. The bailiffs have been granted powers by statute contained within the Council Tax (Administration and Enforcement) Regulations to levy distress and that in accordance with Regulation 45(7) they cannot be considered a trespasser. Considering the correct statutory recovery process has been followed the bailiff is perfectly legally entitled to continue.
I would really appreciate your advice on this paragraph - are they correct? I thought that bailiffs had to back off whilst a matter was in dispute. I will only deal with the council & if any correct amount/debt really is proven, then I will pay them & not the Equita muppets. I understand I have a right to pay only the council, no matter if they try to say I can only deal with bailiffs once a debt has been passed to them.
I also need to deal with the fact that the council sent all correspondence leading up to this, to an address I no longer lived at. So, it has all been done without my knowledge. They say that they served the required three letters - they did but just not to the address I currently live at.
Thanks,
BeeCee
I recently received four letters stuffed in an envelope together from Equita bailiffs, apparently relating to council tax for a previous property. The very next day, they must have visited whilst I was out & hand delivered a nasty follow up saying that they were coming to take goods etc. I immediately wrote to them, using information I found on this site, 'There is only an implied license under English CommonLaw for people to be able to visit us on our property without expresspermission; the postman and people asking for directions' etc. to stop them visiting. I stated that they could not continue with action whilst a debt is in dispute - which it is - and said I would be dealing direct with SODC. And I immediately wrote to SODC, to request full information about this debt/debts and what it all relates to - again using info from this brilliant site. I've had no paperwork from SODC at my current address, so it seems they have jumped straight to bailiff action without my knowledge and sent all the correspondence to my old address.
I am here with three young children, during the week as my husband works abroad & I do not want to deal with bailiffs on my own, I feel very vulnerable & I am suffering from stress/high blood pressure, in addition. I have now received a secure email from SODC, outlining what the debts apparently relate to & the periods they are for - small amounts for periods which I need to go back & check to see if they are correct. My husband got made redundant three times in 2012/13 and I was also made redundant from my job. We had to go onto Jobseekers Allowance & Housing Benefit whilst we looked for jobs - we had no income for most of 2012/13. We really struggled financially, not helped by a £300 deficit/shortfall per month between housing benefit amount we received and the actual rent. We eventually received some discretionary housing payment to help meet the large gap but we had a terrible time trying to feed three children & survive on very little. I kept in touch with the council throughout - but these four smallish bills seem to relate to periods when my husband managed to get bits of work & we came off benefits briefly, only to go back on when work dried up again due to redundancy. In short, the council did make some mistakes, there was a lack of communication between the Jobcentre & the council (different counties & systems that do not speak to each other) etc. I am not sure we actually owe the debts they are now claiming - hence me saying that this is in dispute.
The council's email states that whilst they have put the matter on hold with the bailiffs for 30 days, whilst they review our benefits query they say in the next paragraph as follows:
Finally, I note you have sent a letter to Equita, dated 9 November 2013, concerning your allegation of ‘trespass’ and that you do not allow them any right of access. However, I must point out that withdrawing consent to the right of access to the property does not override the legal right of the bailiff. The bailiffs have been granted powers by statute contained within the Council Tax (Administration and Enforcement) Regulations to levy distress and that in accordance with Regulation 45(7) they cannot be considered a trespasser. Considering the correct statutory recovery process has been followed the bailiff is perfectly legally entitled to continue.
I would really appreciate your advice on this paragraph - are they correct? I thought that bailiffs had to back off whilst a matter was in dispute. I will only deal with the council & if any correct amount/debt really is proven, then I will pay them & not the Equita muppets. I understand I have a right to pay only the council, no matter if they try to say I can only deal with bailiffs once a debt has been passed to them.
I also need to deal with the fact that the council sent all correspondence leading up to this, to an address I no longer lived at. So, it has all been done without my knowledge. They say that they served the required three letters - they did but just not to the address I currently live at.
Thanks,
BeeCee
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