Dukes bailiffs collecting council tax debt advice needed please

[wayneofhull]

Re: Dukes bailiffs collecting council tax debt advice needed please

yer that is correct i belive
and my car is nothing special its a x reg ford ka so worth about 100 pounds
and the debt is 475 including the fee you mention
also can not find the ceos email would this email give me the same thing info@housing-ombudsman.org.uk
its what the hull city council website says to make complaints

[Milo]

Re: Dukes bailiffs collecting council tax debt advice needed please

ok thank you so much i shall get the email typed up asap and sent to them both and follow up with calls
i shall pop i to CAB in the morning (its a drop in so should get seen)
as for the pip they have not asked for prove how ever i have offerd them it
as for the agreement put forward i spoke with the agent today and said i can pay weekly and clear it off asap he declined so i spoke with my brother who said he would pay it off weekly until the end of december when he gets hes studant finance and then any monies owed on the account will be paid off in full again they refused
i didnt know there was a notice of enforcement until todays actions this is due to fault of my own as i tend to dis regard post due to my issues

I am sorry for asking so many questions but is is important to get background information and in particular, if you are minded to make a complaint to the Chief Executive of the Council complaining at the way in which the debt is being enforced.

It may be a good idea to have a look back at letters that you may have disregarded to see whether there is one from Dukes entitled Notice of Enforcement. The letter is an important one as it is on receipt of this letter, that a payment proposal can be outlined. It is also on receipt of this notice that notification should be given to Dukes of any 'vulnerability'.

What payment proposal have you offered the bailiff?

[wayneofhull]

Re: Dukes bailiffs collecting council tax debt advice needed please

the payment proposal i have offerd is a weekly payment (no numbers) he refused
the second payment agreement was weekly until my brothers money cleared (end of dec) then cleared in full he refused
i pointed out that i dont dispute the debt and will pay i also said that i am disabled due to mental health and asked if he could do any thing to help me not worry over the weekend he said in hes words "what do you want me to do about it" i asked if he could come tomorrow so i didnt stress tomuch (this is affecting my health due to the worry and panic so much so that i have had to have my brother come over to keep an eye on me)

[Milo]

Re: Dukes bailiffs collecting council tax debt advice needed please

yer that is correct i belive
and my car is nothing special its a x reg ford ka so worth about 100 pounds
and the debt is 475 including the fee you mention

also can not find the ceos email would this email give me the same thing info@housing-ombudsman.org.uk
its what the hull city council website says to make complaints

The bailiff fee would be £75 compliance fee and an enforcement fee of £235. I'm afraid to say that both fees appear to have been properly charged. That is not to say that consideration could not be given to removing the enforcement fee (of £235) if you can demonstrate 'vulnerability'.

The debt to the council seems to be around £180.

At present, I would wait until after meeting the CAB tomorrow to think about sending a complaint.

Please post back once you have visited them.

[wayneofhull]

Re: Dukes bailiffs collecting council tax debt advice needed please

thank you so much and i shall post back soon as i am home from the CAB

[Indebt]

Re: Dukes bailiffs collecting council tax debt advice needed please

For clarity, there is no such thing as a "removal fee". There is a sale and disposal fee of £110. Dukes have threatened to charge that plus a "removal fee".

Get the complaint in asap. It is your best bet at stopping enforcement. You may well have incurred the additional £235 fee but that does not impact your right to pay in reasonable installments. Once the complaint is in (and the complaint mentions the vulnerability and benefits aspect), you can worry about discussing all the finer points that Milo has mentioned.

The CEO email appears to be: darryl.stephenson@hullcc.gov.uk

[Milo]

Re: Dukes bailiffs collecting council tax debt advice needed please

I also said that i am disabled due to mental health

The importance of asking background information is highlighted by your above comment. It is vitally important that evidence of 'vulnerability' is sent to Dukes.

[Milo]

Re: Dukes bailiffs collecting council tax debt advice needed please

thank you so much and i shall post back soon as i am home from the CAB

I would hold back on the complaint until after you have seen the CAB. In your complaint that had been suggested, there are some pretty serious allegations being made. This comment is just one:

Dukes have refused to accept a reasonable repayment plan. They appear to be doing so in order to manufacture an additional fee of £235 for visiting.

As you confirmed yourself, you did not contact Dukes on receipt of the Notice of Enforcement. Accordingly, an enforcement agent is legally entitled to make a person visit (and charge the 'enforcement' fee of £235).

[Indebt]

Re: Dukes bailiffs collecting council tax debt advice needed please

All cases of vulnerability should be reported directly to the creditor. Bailiffs are required to do so in any case. List all aspects of vulnerability in the complaint. It will then be for the council to ask for evidence if it is required. Hopefully, the complaint will be enough to ensure that an affordable and sustainable repayment plan is accepted.

Dukes will soon come round to this in any case, once they discover that they cannot gain access to any goods.

If, once the enforcement has been placed on hold, there will be an opportunity to question whether the £235 fee should be added. This can be done at leisure though, as repayments will be on going for the original debt in any case.

[wayneofhull]

Re: Dukes bailiffs collecting council tax debt advice needed please

indebt i shall follow your advice i have PMed you a copy of the email if you wouldnt mind having a quick flick throw it
also would it be worth mentioning that i recive housing benifit and council tax benifit as they have copys of my pip claim and so on there so the council are awear of my disability due to when i put the claim in ?

[Indebt]

Re: Dukes bailiffs collecting council tax debt advice needed please

The best way to approach these matters is to get the complaint in asap, in order to get enforcement suspended. It is impossible to negotiate properly whilst you have the threat of having your goods being removed, constantly hanging over your shoulders. Once enforcement is suspended, there is then time to do everything else-Go to the CAB, question the validity of fees, send proof of vulnerability. These are all of secondary importance.

Once the council refused your request to intervene, you had enough grounds to issue a complaint. Within your complaint, you have mentioned financial hardship, you have mentioned vulnerability and you have mentioned benefits that you receive (yes, you should also include mentions of housing and council tax benefit).

It doesn't matter at this point if you are slightly wrong in certain aspects. If the council accept your proposal, you will have satisfaction. If they do not accept your proposal, we then send the second stage complaint in which will be 100% accurate and even more hard hitting.

I don't think that it is unreasonable for you to be asking to be allowed to enter into an affordable repayment plan, especially given your financial situation and vulnerability. Deep down, neither the council nor Dukes want to take your goods. In nearly all cases, it is the threat of having goods taken that forces people into paying more than they can afford.

[Henti]

Re: Dukes bailiffs collecting council tax debt advice needed please

I think a couple of things should be made clear here.

If you suggest a repayment plan at compliance which is not acceptable and claim you have no money or assets, it is part of the bailiffs job to validate this before returning the account. If it is found to be correct, these fees will be deducted on its return.

It is true that the EA should not misrepresent his powers and this is cause for complaint, although the authorities will expect the matter of the debt being addressed before considering any action for breach of protocol, even if supported by legislation.

Although raising complaint before settling the method of repayment is satisfying, it will not stop the bailiff or the council demanding repayment.

[Milo]

Re: Dukes bailiffs collecting council tax debt advice needed please

i have a child that lives with me and i am petrifide they take things like washer and fridge and so on

Wayne, I can reassure you that even if you allowed a bailiff to come into your home (in your case, NOT to be recommended) a bailiff cannot take items such as a washing machine or fridge.

The following is a list of the goods that are exempt from being taken under legislation (The Taking Control of Goods Regulations 2013):

Exempt goods


4.—(1) Subject to paragraph (2) and to regulation 5, the following goods of the debtor are exempt goods—

(a)...items or equipment (for example, tools, books, telephones, computer equipment and vehicles) which are necessary for use personally by the debtor in the debtor’s employment, business, trade, profession, study or education, except that in any case the aggregate value of the items or equipment to which this exemption is applied shall not exceed £1,350;


b)...such clothing, bedding, furniture, household equipment, items and provisions as are reasonably required to satisfy the basic domestic needs of the debtor and every member of the debtor’s household, including (but not restricted to)—

(i)
a cooker or microwave;

(ii)
a refrigerator;

(iii)
a washing machine;

(iv)
a dining table large enough, and sufficient dining chairs, to seat the debtor and every member of the debtor’s household;

(v)
beds and bedding sufficient for the debtor and every member of the debtor’s household;

(vi)
one landline telephone, or if there is no landline telephone at the premises, a mobile or internet telephone which may be used by the debtor or a member of the debtor’s household;



http://www.legislation.gov.uk/uksi/2...ade?view=plain

[wayneofhull]

Re: Dukes bailiffs collecting council tax debt advice needed please

alll sorted now thanks to indebt he helped me sort this out and got the enforcement fees taken off aswell as helped me get in to a affordable argrement plan with dukes
if any one else needs advice i would reccoment they go to bailiff help forum as there more supportive and certinly know there stuff mote then some people on here

[LizMarkley]

Certainly agree with what has been said about not providing a receipt of payment seeming fishy. Official Dukes Bailiffs will always provide a receipt of payment.

Additionally, a bailiff like Dukes will also be required to present a Liability Order to be able to enter a premises and Warrant of Control before taking any goods from a debtor both issued by The court. Under no circumstances would a bailiff be allowed to take goods that belong to the landlord.

When dealing with these kind of matters it is safer to refuse a "bailiff' entry as you have done so but also to conduct research on the following steps to take. Citizens advice or StepChange are good points of contact and I have also found this site to be useful and in this instance, this specific page on Dukes Bailiffs.