Threatened with prison today.

[Kati]

Re: Threatened with prison today.

page 8 -

4.1: Power is given to Local Authorities to levy distress. Bailiffs are simply working on the Local Authority’s behalf – it is therefore the Local Authority’s responsibility to ensure bailiffs, whether directly employed or private companies, are working within the law and the Local Authority who can be held accountable if they are not. Bailiffs should make it clear to the debtor whether they, the bailiff, is employed directly by the authority or by a private firm.

4.2: Local Authorities should have robust contracts in place with their bailiffs. When contracting and working with bailiffs, they should at all times be guided by the National Standards for Enforcement Agents. These clearly set out the expectations of a responsible creditor. Equally Local Authorities should expect bailiffs they work with to uphold the standards.

page 9 -

5.6: Local Authorities remain responsible for the action of contractors. Councillors should regularly scrutinise the operation of outsourced contracts; and the broader use of such recovery action must command and continue to command public support and confidence.

[wales01man]

Re: Threatened with prison today.

Go direct to the CEO of the Council and contact your Councillor first thing Monday if you have talked to him on the phone the calls may have been recorded ask the Councillor to get the recording listened to.
If you are paying this is not a Refusal to pay?this idiot and his threats must be stopped most of al try hard to stop worrying to got to prison for anything it can only be actioned by a magistrate or a judge no one from a company or council can commit you to prison for any reason at all.

Its early on here but keep in touch with LB there will be some excellent advice and support to come.

[Kati]

Re: Threatened with prison today.

Thank you for comments. I want to make a formal complaint about tuttel.
but I wouldn't know where to start. if I was refusing to pay id expect this. but im paying a lot every month. I don't know who is higher than kevin. the magistrates court have made a liability order for 2 different amounts. since the payment plan has been set up and no court letters where sent to me. I did not get the chance to prove I'm paying or that the payment plan was suppose to stop any further balifs. witch I know kevin wasn't happy about it.


I remember saying to him how can he fretten prison I was having panic attacks over the phone and in tears he didn't have anything nice to say. even when I told him what was said about my daughter going into care he didn't want to know.

Hi tongie, I do think a formal complaint would be the way to go. This man Kevin has no right to threaten you with prison - you are not refusing to pay - and to then go on to say your daughter would be put in care is just despicable. Do you know who your local MP is??

I would suggest you go and see them (MP) and get them to write a formal complaint on your behalf. If you have your MP on side, the council will have no choice but to accept they have made a complete F up in your case.

You should not be forced to deal with either the bailiff or the man at the council. You should be handed over to another person as soon as your complaint has gone in via your MP.

Kati x

[Kati]

Re: Threatened with prison today.

Go direct to the CEO of the Council and contact your Councillor first thing Monday if you have talked to him on the phone the calls may have been recorded ask the Councillor to get the recording listened to.

the CEO of he council is a Graham Farrant :tinysmile_grin_t: - https://www.thurrock.gov.uk/chief-ex...graham-farrant

[Kati]

Re: Threatened with prison today.

Member of Parliament for Thurrock
Jackie Doyle-Price MP (Conservative)
House of Commons, London, SW1A 0AA
: 01375 802029 (constituency office), 020 7219 3000 (parliament office)
: jackie.doyleprice.mp@parliament.uk
Surgery takes place monthly in Grays, by appointment only. Telephone constituency office for details.

Member of Parliament for South Basildon and East Thurrock
Stephen Metcalfe MP (Conservative)
House of Commons, London, SW1A 0AA
: 01268 200430 (constituency office), 020 7219 7009 (parliament office)
: stephen.metcalfe.mp@parliament.uk
Surgery takes place fortnightly in Pitsea or Stanford-le-Hope, by appointment only. Telephone constituency office for details.

[bluebottle]

Re: Threatened with prison today.

Is Tuttle the titular Head of Revenue provided by Serco or just an office grunt? If so Formal Complaint to CEO, and the Elected Leader, and tongie's local member are a must. Tuttle is out of order and potentially a loose cannon, wonder if this is his usual MO? Either way the complaint should highlight the breaches of ECHR andsd a Law Centre would be a good place to start this.

Thurrock need more than just a mild tolchock here they need plod's size 11s tromping through the Revenue Office.

I don't know about titular, but Tuttle is certainly being a tit.

[bluebottle]

Re: Threatened with prison today.

Thank you for comments. I want to make a formal complaint about tuttel.
but I wouldn't know where to start. if I was refusing to pay id expect this. but im paying a lot every month. I don't know who is higher than kevin. the magistrates court have made a liability order for 2 different amounts. since the payment plan has been set up and no court letters where sent to me. I did not get the chance to prove I'm paying or that the payment plan was suppose to stop any further balifs. witch I know kevin wasn't happy about it.


I remember saying to him how can he fretten prison I was having panic attacks over the phone and in tears he didn't have anything nice to say. even when I told him what was said about my daughter going into care he didn't want to know.

Can I clarify things, Tongie? Are you saying that a payment plan was already in place when the council or Tuttle/SERCO went scuttling off to the magistrates court for Liability Orders? If this is, indeed, the case, it could be very serious indeed.

[Debt Camel]

Re: Threatened with prison today.

I'm paying 120 a month to clear the debt.

Well in that case you aren't going to be sent to prison!

But knowing that isn't going to make the problem go away. In these circumstances I suggest you do several things at once, because you don't know which of them is most likely to work fastest.

The first step is to work out if any of Thurrock Council's own policies Tuttle appears to have broken. Read https://www.google.co.uk/url?sa=t&rc...73231344,d.d2k.
That says on page 1 "Every effort is made to address benefit entitlement" - are you currently claiming housing benefit and council tax support? Have problems with these claims been the cause of your council tax arrears?
on page 2 "Allow for full appraisal of a debtors circumstances – providing appropriate repayment arrangements" have you been asked by the council to supply an income and expenditure statement? If not, you should have.
"Provide money advice referral (CAB) where a need is identified" have they suggested that you should take money advice? If not, you should have.
on page 26 "Experiencing Mental Ill Health" is listed as a reason why a debtor should be treated as potentially vulnerable. Have you informed Tuttle or any other council official that you have been diagnosed with depression? If you have, they should have noted this.

Next you need to do three things:
1) put in a formal complaint to Thurrock Council. The email for this is here https://www.thurrock.gov.uk/complain...ow-to-complain. Your email could look something like this (but obviiously change it for your own circumstances):

I wish to complain about the actions of Kevin Tuttle and Phoenix bailiffs. I have offered £120 a month to pay off my council tax arrears, which is all I can afford. Thurrock's policy says there should be a "full apraisal of debtor's circumstances" - this has never happened. It also says debtors should be referred for monay advice eg to CAB - this has never happened.

I have been threatened with prison and having my daughter taken into care - I am a single parent. As a result I am scared to be at home. I am suffering from depression - I have told [xxxxx] this but it has been ignored which I understand is against Thurrock's policy on handling vulnerable people with debts.

I request that the debt is called back from the bailiffs, the bailiffs additional changes are removed and that my offer of £120 a month is accepted."

This will be a Stage 1 complaint, you don't need help to put it in. If it is rejected you will be told how to put in a stage 2 complaint (Thurrock's name for this may be slightly different) at which point you should go to your local CAB.

2) talk to your local councillors. They will usually have "surgeries" once or twice a month that you can go to. There is a list here https://www.thurrock.gov.uk/current-councillors. If you don't know which ward you live in, the council switchboard will be able to tell you. This may not sound like a very promising option, but it can produce results quite fast sometimes!

3) go to your local CAB and ask for their help https://www.thurrock.gov.uk/socialca...-advice-bureau

Do you have other debts? Credit cards, loans etc? If so, you need to consider not making the usual payments to these but may off the council tax arrears faster. If you are in a debt management plan, who is it with? You should ask to stop making any payments to it for a few months to clear the council tax debt.

[tongie]

Re: Threatened with prison today.

a month a go I got their frets and I've been waiting to hear from either the council or the balifs. I paid over 500 to them a few weeks beofe hand. then they came back out for 590 a month ago. I didn't and don't have the money. They decided my goods where nnot worth taking and I' moved all electronic items out just to be safe.
its been a month since I herd anything then came home to more summons and a letter from the balifs for 591 witch they know I haven't got.

I want to go to court make formal complaint about both kevin and the balifs. After saying my daughter will go into care its made me ill and very scard. this is a nightmare all of it.

[bluebottle]

Re: Threatened with prison today.

Given what Tongie has said, I am wondering whether a Regulation 46 appeal to the magistrates court is in order or whether it would be better to apply to the county court for an injunction, citing the Human Rights Act 1998 as a cause of action amongst other things.

I am attaching Section 6 of the HRA and the Articles and Protocols of ECHR for information. I am also providing the link below which is an article on human rights in the UK. Whether we wish to accept it or not, the Human Rights Act is a very powerful weapon against local and national government and its various arms when they go too far or overstep the mark.

http://www.dailymail.co.uk/news/arti...n-s-judge.html

[tongie]

Re: Threatened with prison today.

how would I go about making an appeal? I think after listening to their comments and what ive red online. kevin and the balifs have gone to far. the court will see I'm paying more than I can afford. and that I did offer to pay extra to stop any more balifs. Kevin said he don't think I will pay or deserve to have a payment plan to stop them. I begged him while in tears.

[Kati]

Re: Threatened with prison today.

1) put in a formal complaint to Thurrock Council. The email for this is here https://www.thurrock.gov.uk/complain...ow-to-complain. Your email could look something like this (but obviiously change it for your own circumstances):

I wish to complain about the actions of Kevin Tuttle and Phoenix bailiffs. I have offered £120 a month to pay off my council tax arrears, which is all I can afford. Thurrock's policy says there should be a "full apraisal of debtor's circumstances" - this has never happened. It also says debtors should be referred for monay advice eg to CAB - this has never happened.

I have been threatened with prison and having my daughter taken into care - I am a single parent. As a result I am scared to be at home. I am suffering from depression - I have told [xxxxx] this but it has been ignored which I understand is against Thurrock's policy on handling vulnerable people with debts.

I request that the debt is called back from the bailiffs, the bailiffs additional changes are removed and that my offer of £120 a month is accepted."

This will be a Stage 1 complaint, you don't need help to put it in. If it is rejected you will be told how to put in a stage 2 complaint (Thurrock's name for this may be slightly different) at which point you should go to your local CAB.

2) talk to your local councillors. They will usually have "surgeries" once or twice a month that you can go to. There is a list here https://www.thurrock.gov.uk/current-councillors. If you don't know which ward you live in, the council switchboard will be able to tell you. This may not sound like a very promising option, but it can produce results quite fast sometimes!

3) go to your local CAB and ask for their help https://www.thurrock.gov.uk/socialca...-advice-bureau

You need to follow this advice from Debt Camel ....

[seduraed]

Re: Threatened with prison today.

Ring them again make sure that you have your phone recording the conversation. Get them to threaten you with prison again . The is no need to tell person on the other end that you are recording in this case as the recording is being done for the detection or prevention of crime . Oh and also check if any of the other conversation were recorded it'sjust possible that the shaved gorilla from serco was so arrogant here made threats on a recorded line .

[Amethyst]

Re: Threatened with prison today.

You need to follow this advice from Debt Camel ....

Completely agree.

[bluebottle]

Re: Threatened with prison today.

I feel you need professional legal advice to deal with Thurrock Council and Tinpot Tyrant Tuttle, Tongie. Go to the National Pro Bono Centre website and also see if there is a Law Centre in your area.