If the council has written to your address stopping housing benefit and council tax benefit then it would seem that someone has been claiming them for your address. You need to talk to the council as I assume that you are paying the same to them for this address.

 

dpick

Ditto, but make sure you keep all records of YOUR payments, for Council Tax, (and rent if you are a tenant private as well as council/RSL), as they are often so inefficient,and/or incompetent the counciil will obtain a liability order for this person and send bailiffs also.

Easy way to find who is Councillor and MP is to go to http://www.writetothem.com and enter the postcode, you can send a letter to them via email direct from the site

Well they didn't follow the code of practice here did they............................

Well I just contacted the bailiff compant to ask the names of the bailiffs who attended my property on 13 April and 16th April 2010 and 06.01/11 and they refused to give me theis information as I am not entitled to it.

Also I need to think very carefully about upsetting them further or causing them any problems or my debt could substantially increase yet again, this was the offcie maanger talking, oh and in 19 years they never lost a court case, so I need to think very very carefully of doing a N4 against the bailiff cos I will lose without any doubt at all, and by the way if I dont want another visit or two I had better back off now and know whats good for me.

The absolute arrogance of those who attempt to collect the uncollectable by fear. Make sure you record any phone calls to bailiff and council, as when you are sorted out I'm sure your MP and other authorities including the police would be most interested

Yes I have already had him to do this, as he was really annoyed at what he saw happening and offered to write to the council etc without me having to ask.

Excellent, you can attach the written evidence to anything sent to CEO, Councillor, MP when and if required, as the council is liable for the actions of the bailiff, it sometimes helps to remind them of this

Lol now that is one good idea I will do this for sure.

Might be a good idea to get the other witness to write down what they saw, as in bailiff adding items willy nilly without seeing them or taking consideration of your obviously vulnerable status. It might be worth a punt if you need to complain to CEO and Head of Revenues, Councillor, MP et al later

Agree with you there caro, just shows how much CAG can help those that are in desperation. Well done reallyhardup, be proud of yourself

make that a ditto from me. BTW to find who your elected representatives are you can always go to http://www.writetothem.com where you can enter your postcode to find their details and write to them directly.

i have spent another 5 hours in citizens advice today and achieved nothing,councill keep giving who ever calls them different figure ,how are you supposed to pay when you don't even know the actual bill, they have had dealings with my bailiff and wouldn't even try ringing her because of her reputation, so the offer from the council is £3oo by friday and then £1100 by march or when i sell the car ,so i presume if i agree to this i will have to sign something,even though the court original liability order was for £1191 and i have paid £510,advise from citizens aadvise was to start claiming benefits , and the advise from my local councillor was a good ticking of for getting in this situation and get my car sold to pay walsall council GREAT any useful help or advise appreciated

Complain complain complain, telling you to sell your car is as abhorrent as the bailiff telling you to borrow money (as has hapenned ) to pay them A letter to the Chairman of the council, asking the standards committee to investigate may be an option. Again is Walsall Council a Capita/equita stitch up, as there could be grounds for these cosy arrangements to be investigated. possibly under EU legislation.

The Liability order was for £446.97 amount outstanding is now £285.97, They did not know what period of time the Liability order covers so I asked to be mailed a copy. It was passed to the bailiff company on 09/04/10.

The council say the current balance is £285.97 minus any fees that the bailiff may add, and the bailiff on the walking possession form states the balance as £514.97 including fees.

I also told the Council when I rang that the levy is unlawful or irregular as the total of goods does not amount to the fee let alone pay anything off the debt, and that the bailiff acted improperly in that I am disabled and he should have passed the account back to the Council and not served a distress notice, among other things, they were rather worried or so it sounded. I also told them no payments would be made to the bailiff company and I would only pay them direct, take it or leave it, I have a good case and would welcome them taking further court action, they agreed to take the payments and inform the bailiffs that I was now dealing with them.

Hold fire a little, and see what further advice may be forthcoming, It's good to have them on the backfoot for once, but more legal action should be avoided if possible, as it may mean they start assing more obnoxious fees wherther they are entitled to or not

If they have overcharged you for the previous addrfess and then gained a liability order , they may be on a sticky wicket, glad you have recorded the call as it may well be useful later, bailiffs seem to make it up as they go along with collusion from the council.

Others will be able to advise further

Have you put in a claim for housing and council tax benefits or is the debt from before you went onto ESA?

Even if it was from before, Op is now potentially vulnerable, under the guidelines and should inform the Council, and bailiffs of this , as deductions from benefit are appropriate under those circumstances.

Others will be able to help further

Hi thanks he did hand me an envelope demanding payment within 24hours but i have never let them in or signed anything,

open the envelope and check what is written there, as this will have a bearing on the advice, you will likely have to post up the details, so that you can get the best advice for the situation.

Hi wonder if you could clarify something for me, just had a baillif from equita at the door, saying they were coming back at the weekend to remove goods, they have never been in the property and have threatened with the police and locksmiths to get in, this is for councl tax by the way thought that if they never gained entry they could not force entry any advice would be appreciated. Thank u in advance

Never let them in, as unless they gain peaceful entry, they cannot break in or use a locksmith to pick your lock. the police if they bother to attend are not supposed to actively help the bailiff, they are merely there to keep the peace.

They are like vampires in that they have virtually no power unless you invite them in.

Did he give you anything in writing? If he did did you sign it?

You need to contact the council and ask them how much the Liability Order is for

Don't worry there are people on here who can point you in the right direction

if they removed the sofas i would have no seating at all. The tv is a 32in lcd

They couldn't take the sofas as they would leave you with no seating, they could take the TV, but 32" LCd is really a bog standard TV these days and would only fetch £50 ish at auction

Which council is it?, as if they are an outsourced front office they may be linked to the bailiff and you may need to contact CEO, of the counci , head of Revenues, local councillor, and possibly MP elected representative details their details can be found on http://www.writetothem.com/ stating your problems and pointing out that due to your vulnerable status, as per the National Standards For Enforcement Agents (Revised 2002) bailiff action will only compound the problem by spiralling the debt out of control, with no means for you to pay it. and that the council should take it back and deduct a nominal sum directly from benefits.

Again a copper sides with a bailiff, without any knowledge of the law, complain as suggested,

make sure you email the CEO and councillor, as well If they have an outsoursced front desk, you could be in a Capita/Equita type scenario so will have to push this upstairs. Whixh council ios it?

As per wonkeydonkey write to the council, and email copies to the head of revenues, CEO of the council, your councillor and MP, and also add that they have been as per your first post enforcing the arrears of a previous occupant on yourself which is wrong and tantamount to fraud.

morsy I agree with ploddertom, get onto the council by email as suggested ASAP if you don't know who your councillor is, try here http://www.writetothem.com/ where you can find your councillor and MP contact details.

I get IS, IB, DLA and my car is taxed as disabled so they cant touch that and its parked on my driveway which is mt front garden. So to touch it they would have to trespass.

 

This is for an old property (over 10 years ago). I think its for about £200 or £300 is owed.

 

The goods lists are garden orniments not woth anything. I've not signed anything either.... the document says they canenter my house to sezie the goods

 

I get full council tax now maybe thats how they found me?

You are most likely classed as vulnerable, and being in receipt of benefits, bailiff action may well be inappropriate. contact the council and tell them this as deduction from benefit is the preferred option, adding bailiff fees to someone on benefits is an obnoxious proceedure. I would check with the council when and for what address the Liability Order was obtained.

Others will likely be along who know more.

You're a life saver guys, I can't thank you enough.

 

To clarify, my mother will write this declaration out, go to her solicitor to swear the oath, pay a fee, and hand this declaration to the said bailiff when he arrives/send to their offices?

 

Thanks for this bguys but for the other thing I'd like to know, if you would.. Is there anyway to get my payments back to the council? Like I've said before I'd be happy to pay the taxes, it's just sorting out a payment plan through my benifits. If not I'd have to pay to the bailiffs.

 

My mother thanks you also

That is correct, so do it first thing tomorrow, and make several copies. before the bailiff can come back

They probably could list them, but there would have to be sufficient value in the goods to pay his fees, the removal, auction fees and a proportion of the debt. They like to levy on cars if they can also. if you check the stickys there is a fair bit on there

WHow much is the order for? and do you receive benefits, like Incapacity, or ESA and DLA, ?, and as you are disabled you are likely vulnerable under the guidelines for enforcement. If you are on inciome based bensfits you should be in receipt of some Council Tax benefit/ Housing benefit if you rent

Sorry I'm a bit thick but does statutory declaration stop them from taking my mother posessions? They haven't taken anything yet, he will be back tomorrow evening I believe.

 

Does my mother write/print this out and give to the bailiff when he comes tomorrow, or shall I send by email/post?

 

I'm terrible at this sort of thing, thanks for the advise guys!

It tells the bailiff that the property he has listed is not yours and he will be liable if he brings a van charges fees and takes property. I think it also invalidates any levy he has made, others will know more

Cut and paste and adapt hallowitches letter, your mother will have to sign it and swear at a solicitors or notary for this to be a legal documant that binds the bailiff, the swearing on oath carries the same weight as the oath whilst giving evidence in court

The policewoman needs to go back to plod school, as a bailiff can only force entry for most debts after first gaining peaceful entry (by guile and cheating and asking to use the toilet, or phone), You are not going to let them in are you. Trespass is the same whether you rent your property or are an owner occupier.