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  1. Hi, I received some documents yesterday found by next doors' landlord after the tenants skipped house and they gained entry. The documents include a 24 hr bailiff removal notice and a "Form 7- Notice of Seizure and Inventory of Goods" on which my car is listed. The car was parked on the road in front of their property (which also happens to be the closest parking space to my house). The debt was incurred from failure to pay council tax. I telephoned the bailiff today and he replied with "Oh we do that all the time, once the DVLA checks came back we wouldn't have done anything" and then instructed me to destroy the documents. I am 8 1/2 months pregnant and we rely heavily on the vehicle to make a living. I was just wondering if the bailiff if authorised to serve a notice of seizure without even checking who the vehicle belongs to?? Thanks in advance xx
  2. Hi all, I'd be so grateful if anyone can offer me any advice on this, I really don't know how to proceed. It's a complicated situation so please forgive the length of the post. 3 years ago I was living in a slightly(!) dodgy houseshare, it was originally a three bedroom house which the landlord converted to four bedrooms. He never visited the property, certainly I never met him, and there was no tenancy agreement in place. Basically the rent was paid on the 25th of the month and that's all he was concerned with, he did not mind who lived there. When someone moved out they found someone to replace themselves in their room and so got their deposit back that way, there was no involvement from the landlord or even from the other housemates. This meant zero accountability, it also meant that by the time I moved out there were 9 people living there! I would never have considered moving into such an arrangement but at my previous address my tenancy was up and not renewable and in 3 months of searching I had been unable to find anywhere else at all that I could come close to affording, I had no option. I lived there for 10.5 months and moved out as soon as I got a new job that paid a bit more, in July 08. When I moved out I was up to date with the rent and I made certain that I paid my housemates my share of the outstanding bills, including council tax. Unfortunately I did this in cash so can't prove it. They were not people I kept in touch with, although I did get a single phone call from one of them in September that year as the council had been tipped off to the number of people living there (10 by then, with a single bathroom I should mention!) and were evicting them as the place was deemed unfit for habitation. I was called because no one in the house could find the landlord's telephone number. Maybe an alarm bell should have gone off in my head right then! Well, I never heard from any of the housemates, or the landlord, again after that one call. But two days ago I received a council tax bill for the property for the period 1st April 08 to 31st July 08. There are just two names on it, mine and one other girl living there at the time. I think basically this is because I was once foolish enough to email the landlord when the toilet was broken and we couldn't get him by phone, so he had my name, and the other name is the girl who called me for his number when the eviction came - also she was far and away the longest resident, she had been there already a couple of years before I lived there. On the bill she is listed as a full time student, so there is a discount given, but that still leaves a bill of £420 to be paid - presumably that means by me. The other housemates were all from Eastern European countries (mostly Estonia) and I doubt they are still in the country; I certainly have no means of tracking them down as they changed so many often and this far down the line I can't remember even the first names of the people living there at that period! I know that technically we are joint and severally liable for the council tax, but given the absence of a tenancy agreement is there a case to be made against this? Also, should I tell the council how many people were living there to support my case? I worry that in doing so I will lose the student discount given and will have even more to pay if I lose. I should also mention that there is absolutely no way I can pay this amount all at once. Like many people I am struggling to make ends meet right now and at best I could pay them perhaps £10 a month. If I tell them that are they going to laugh in my face and take me to court? Any advice at all would be greatly appreciated! Thanks.
  3. please can anyone help/advise me i am going round in circles with my council & the debt collector both refusing to help me set up an affordable payment plan!! I owe £880 for 2010 council tax. swift credit services have advised me they want payment in full within 7 days now i am on an income (with defecit of £900 a month) & cant pluck £880 out of thin air! I have been advised BY THEIR BAILIFF that he'd accept payments (over 8 months) that would be all he could do!!! but i still can not afford this & he would also want me to sign a walk in possession order (or something like that) can you PLEASE tell me where i go from here anyone i am desperate & have a 14 week old baby & a 5 year old
  4. Hi, Long post I know, questions in bold / italic! My partner has a dispute with a Liability Order that was issued in July 2001 and was recently resurrected by the local council (August this year). The council claims that due to a change in their computer system in 2002, the account was overlooked despite also stating in the same letter that the account was closed accordingly when she moved from the address in question, which she notified them of at the time (October 2001). Additionally, the council claim that the outside bailiff company were unable to make contact and they only discovered her forwarding address in August this year when an audit took place. My partner has been paying her council tax for the last 9 years without fail and the council has had her contact details at all times, as she has kept them informed of any changes, including when we notified them in August that we were moving house (this is the reason we believe that made them contact her and not because of an audit). Since August, there have been numerous exchanges and failures to respond to correspondance by the council, as well as 3 visits from a representative of Bristow & Sutor, the second on Tuesday evening this week (which I then called immediately and left a voice mail) and another one this morning (where I had a 20+ minute conversation with). Due to the age of this, it is almost impossible to get evidence, but my partner fully believes that the Liability Order was settled back in 2002 and her mother has a cheque stub relating to Council Tax for an amount that is in the region of amount being claimed. What we don't have is the cheque or who it was actually paid to. Following the visit on Tuesday this week, we sent another letter detailing our dispute to the local tax office, the LGO and our local MP. No communication happened until this morning, when my phone rang and the bailiff discussed my partners account with me and informed me that he was going to knock on our door (we were not together when the LO was issued - has data protection been breached here?). I informed him that we would refuse entry and that no-one was at home as we were all on our way to work. My partner then phoned the local tax office when we got to work and she was informed that on receipt of our letter, they had immediately contacted Bristow & Sutor to suspend any further action and that the manager of the local tax office had done this yesterday, by phone and on their website. I called the bailiff back, informed him of this to which he said he would check and call me back. He did so several minutes later saying that he had indeed received a text message on his phone and admitted that he had not checked it before calling at our house. No apology. Just told to disregard the letter he had put through our door. I have notified Bristow & Sutor that I wish to make a formal complaint against one of their officers. Given that a Bailiff is required to act within the law at all times, if the action has been suspended and they still continue with the action, against the instructions of the local council, surely this is harassment and illegal? We also believe that the council is guilty of maladministration causing injustice on the grounds of unreasonable delay (9+ years to follow-up original LO, despite being in contact with my partner throughout), failure to investigate (the council has been in contact with her throughout the 9+ year period), failure to provide information and injustice due to hurt feelings, distress, worry and inconvenience. Is this the case? We have placed a Subject Data Access Request to get a full history of the account, in an effort to reconcile the original amount and subsequent charges in the hope that the figures will tally with the amount of the cheque paid in 2002. As it stands, we have been unable to get a copy of the cheque as the banks only keep them for 6 years. We know that the cheque was cashed. Hoping someone can advise and help out!
  5. Hi all, I'm facing a quandary. I'm currently registered as a postgraduate student, but I was recently bereaved and have decided to suspend my studies for a year. I'm self-funding so I would like to just give up my student status and claim jobseeker's allowance, and look for a job for this year to tide me over. However, if I do that I'm worried that as the only non-student in a house with three students, I would become liable (and not exempt) for the council tax bill for the whole property (this is certainly what would happen if I were employed and living with students). I'd like to assume that I would be exempt because I would be unemployed, but I have nightmare visions of my quarter of the council tax being exempt, but being liable for the remaining three quarters. (To give an idea about the property, each of the four of us pay £350 rent per month). I imagine that this amount of council tax would exceed my jobseeker's allowance and so I'd end up worse off than now if I started claiming. Can anyone help me on this? Many thanks
  6. Hi, Wonder if anyone has any advice on this rather annoying situation. I've been made liable (apparently) for council tax debts relating to a property I lived in over 5 years ago. This would be fine apart from the fact the property was shared between 5 people and I was claiming council tax benefit while I lived there (to complicate matters). Somehow my name was left on the bill (I thought the bill had been paid when I moved out and didn't realise it was in my name) and bills were being sent to the old address which I never received. Eventually baliffs were brought in, found my new address and sent me letters relating to the old address. I spoke to the council and explained but they weren't much help but suggested I wrote to them and obtained tenancy contracts etc. Luckily I managed to get hold of the contracts from the estate agents we rented from and I sent them to the council explaining the situation (it was one contract for the whole house). They still weren't much help and said they wanted forwarding addresses. I only have the address of one person I shared with so I sent them that but they are still sending me bills in my name! Now it's got to a magistrate's letter. What should I do? Can I defend myself in court and get it thrown out? Should I contact the council before the court appearance and try (yet again) to get them to do the right thing? I can't afford to pay other people's debts and refuse to do so on principle. If anyone has any advice about what to do or what legal position I'm in I'd be extremely grateful. Very angry with Bham City Council over this, outrageous behaviour! Thanks.
  7. So... Last July (2009) I began having visits from a Rossendales Bailiff over a Magistrates Liability Order/Distress warrant for unpaid council tax. I immediately called them and asked what the balance I owed was. The reply was a disheartening £875.91. I stated that I was out of work and could afford to pay £50 a month from my jobseekers allowance, but was told this wouldn't fly, they said I had two accounts outstanding(??), the first charge was £473.11 and the second was £402.80. I was told that if I paid the £473.11 by the end of the month they would accept installments on the lower amount. I borrowed money from my partner and her father (which I am still paying off) and applied for a Budgeting Loan from the DWP. I promptly paid the £473.11 (plus a hidden admin charge for paying with a debit card) on 28/7/09. I received a receipt from this. The folllowing month I paid £202.80 and received a receipt saying that my balance was now £200. It was only then that I discovered some earlier correspondence from Rossendales (my partner would often leave unopened mail on the table and it simply got buried with other paperwork). The previous letters from Rossendales stated that the balances owed were £402.80 & £204.11 (including first visit & second visit charges) totalling £606.91 NOT the £875.91 they were claiming in July. Since I had already paid a total of £677.51 (proven in my bank statement) I had already paid £70 more than I needed to. I called them to ask where their figures came from and requested a breakdown of their charges before I paid them any more cash, they said that my account details were still with the bailiff in charge. I called him and he said that I had to call head office. This went back and forth several times until I said that I refuse to pay any more money until I had the paperwork I was legally entitled to. In November (two months after the phone calls) I received another letter stating that they agreed to accept installments and I did not adhere to them. I now owed £389.00 plus a further £110.00 should a van be sent to my address. Again, I called them and was given the same old spin. I didn't pay and didn't hear from them again until May this year, when the same notices were posted through the communal door of my block (not even in sealed envelopes) and left in the foyer for any Tom, Dick and Harry to see. I ignored these, because, as far as I'm concerned, I didn't receive them. More recently I've had handwritten notices posted through the door for me to "contact the bailiff in charge and discuss the o/s court warrant". I should also add that one of these pieces of paper had somebody elses credit card details written on the back!!! For the last month I have been receiving phone calls from the bailiff, but I'm still reluctant to pay until I receive a breakdown of charges. Rossendales slogan states that they are "Proud to be Professional". What an absolute joke they are!
  8. Hi all, I hope I give a good explanation to get some good answers on where I stand here At the time I was a single father of two, living in "emergency accomodation" provided by my local city council due to lack of social housing available. After my ex partner walked out on me and the children I was lucky enough to find a good job which paid well and was able to afford to place my children into nursery Mon-Fri while I was at work and cover the rent etc, however I found I was no so able to keep up to date with my Council Tax bill. Since then I lost my nice job through redundancy and have moved into a new property [social housing] so the Council Ta was the last thing on my mind at the time! Having moved the Council sent me a CT statement for the previous property, ok no problem, I know I owe this money, not disputing this, however as I was then unemployed I had not the means to cover this bill. I spoke to someone at the council 'hub' and eplained the situation - they were not too helpful. Now I find a new job [part time] and have a new partner, things are looking up We pay the rent and CT at the property we live at, but still find it difficult to cover the CT from the previous address. I left the house to pick up my children from nursery the other day and a male and female jumped out of a car parked outside my propery. "Mr ********?" they asked, of course I confirmed, quite worried as to two suited persons approaching me [Police delivering bad news was my initial thought ] "Hello we're from BRISTOW & SUTOR and need to come inside to have a chat with you about your CT debt and the probable siezure of items from your home" Now I obviously refused them entry to my home and told them sorry I can't talk now I have to pick my children up, please could you inform me of intended visits in future as I had never heard of them nor received any correspondance in advance. They were both quite rude, told me I have no choice but to listen to what they have to say right now, again I refused and told them again I had to go. They got back in their car and left. When I returned home with my children approimatly 30 minutes later there was a brown envelope waiting for me, so obviously they returned to post it. The CT owed according to them is higher than that of my final CT statement and they have added visitation fees! What is the best course of action for me to now take??? I have had a look at some other threads already but find some very conflicting opinions, hence starting my own thread. By choice I would rather pay the Council the CT, however cannot pay the full amount required. I don't wish to deal with B&S on my doorstep, their manner is appauling to be honest. If I pay the council directly will they refuse to accept the payment? Will B&S still turn up etc etc etc. Many thanks in anticipation and sorry for a long winded post. MT
  9. Hi The only place to start is at the begining. After having lots of trouble with Rosendales demanding hundrands of pounds every week managed to get my local council to talk to them and set up an agreement that I could afford to pay each week. Which I have been every week with out fail at the local post office so I had reciets. That was a year ago or a bit less. I moved house 4 weeks ago (still paying Rosendales may I add) and i had servel letters from the council in one day saying diffrent things and a letter from Rosendale saying I had defaulted and they were coming to get goods. I went strate away to my local council and asked them what was going on and what and were I should be making payments too. I also asked them how I had defaulted on my payments when I had recites to say I had paid. The person I spoke to from council tax was also confussed so left me in a side room for 40 min while they found out what was going on. They came back and told me infrontof a witness that I had defaulted cos on week I payed Rosendales the money on the saterday instead of the friday. But they said the good news is that they won't be coming out to your house becouse one of the accounts had now finished and the other one only had £68.00 left on it. They also said there was council tax left to pay on my old house. They wanted me to pay £100 to the council on the 12th of this month and then for the next 5 months on this date. And £68 to Rosendales on the 16th of this month. I asked over and over again if after I had payed the £68 I would not have to deal with Rosendales ever again and they said yes as long as I paid on time. I also asked over and over aain if they were sure that Rosendales would not come out to my house. They said yes and reashured me. So off I went happy and payed both payments on time. This morning Rosendales turned up to my house with 2 Balifs and 2 vans saying they were going to take my things. I was very shocked and conffused and told them that everything was clear. They told me it was not and the I still owe £261.71. So I said I will go and get the paper work the council have given me and all the reciets. I locked the door behind me (after learning what they can do a year ago and being on here) while I got them and showed them to the balif and he said no we have been told by the council this morning to get the money or take goods. I said to them well i need to talk to the council and they said no its money or goods can any one help you get the money? I said no but can I not at least phone the council. He said yes and they waited out side while I phoned the council. The council said they had made a mistake when they told me that the account was finished and in fact I still had £261.71 to pay. I asked them why had I not been told and given the oppertunity to pay it off in instalments or even keep paying the instulments I had being paying in the past. Their response was they had made a mistake and now the money needs to be paid. I told them that 2 balifs were on my door step wanting to take my goods and all I had done was everything the council had asked me too. They said all they could do was tell Rosendales to give me a week to come up with the money in full. I told the council I could not find that sort of money in a week and they said thats all we can do. The council spoke to Rossendales and the baliff said I will be back next friday afternoon for the full amount. You now owe £321.71. So I sai you have charged me for this visit even though it was the councils mistake and he said yes I have to charge you for this visit but I wont charge you for the visit to pick up the money in cash. They then left! I know I just can not come up with the money in a week. Does any one know were I can go from here as it was not my fault it was the councils fault and they admitted it? Also they had a levey for goods at my old house. Can that levey carry over to my new house? Everything is in such a mess and my son has already not recived his birthday precents last week as I was trying to jump through hoops to pay the £100 to the council and a few days latter £68 to Rosendales. I just don't have any money left. Please please can some one help me. Thank you
  10. I have a council tax debt from about 5 years ago (been chasing me for years and I just ignore them) now the council have written saying they are petitioning for my bankruptcy (about a month ago). I own them about £2,000. I also have other unsecured debts totaling about £7,000 altogether (housing benefit overpayment, credit cards, utility bills). I have no income other than Job Seekers Allowance and Housing Benefit. I have no assets other than clothes and ordinary household items (like a DVD player and clothes). I'm worried this 'bankruptcy petition' could arrive any day, I've just been looking up my options and discovered the Debt Relief Order (DRO) and it likes like I might be eligible, I have no idea what to do If I inform my creditors I am applying for DRO will it slow them down until it's gone through? Please HELP!
  11. I really hope someone can help me as i'm at my wits end!! I have a council tax debt with Bristow and Sutor to whom i have been paying £10 a fortnight since 9/7/09. In January of this year i missed a payment for reasons i don't recall and NOT on purpose. I spoke to someone on the phone to apologise and made the payment plus the next payment and that is where it was left. Unbeknown to myself, they had changed my agreement with them to a temporary one until April during which time i was supposed to have sent them a letter proving that i was claiming benefits, I KNEW NOTHING ABOUT THIS!! On to present time, i have been making my fortnightly payments without fail not knowing that since April my account was in default. I telephoned Bristow and Sutor 3 days ago just to let them know that my benefit payments had changed and i would be paying them a week early and carrying on with the fornightly payments at which point i was told about my account and that i had to send a proof of benefit. As my benefit is claimed by my partner for the whole family, ALL our correspondence from them is in his name only so we promptly called the benefit office to get a letter stating that I was also claiming. The day after speaking to Bristow Sutor we get a Notice of Intention to force entry from the bailiff. I got straight on to their office and asked why they had been sent when we were still waiting for the benefit letter to arrive at which point i was then told that they needed the letter IMMEDIATELY after i had spoken on the phone to them the day before!! i was not told it had to be there straight away and thought they'd wait at least a day or 2 for us to get the letter and fax it to them!!! I have been informed that the bailiff will not be called off and he has the right to break into my home, even when i am not in, to take my property as he has walking possesion. I've tried negotiating with the bailiff on the phone but he refuses to even listen. I am currently sitting in a locked up home twitching every time a car pulls up outside because i know he could be here tonight or any time he feels like showing up, i'm scared to leave the house Please...is there ANYTHING i can do to stop them from entering my home??
  12. In August I got a letter from a debt agency asking for council tax relating to a previous property that I left almost 6 years ago. I followed it up and got in touch with the Council and found out that it council tax that they believe I owe from 2001-2003 . Now I left my property in August 2004. I did inform the local council of this but at that time I didnt know where I would be living . The council say that they found the error after I left and still sent the letters to my old address. But from October 2001 to 2008 I was either on Incapacity Benefit or Jobseekers Benefit. They know I was claiming but didnt get there admin right at the time as when you go from one benefit to another you have to reapply for Council tax benefit . And this I think I did. Please bear in mind I was suffering with a bad case of Depression and alot of things are sketchy But I know I have not been working for the period that they are asking for and therefore entitled to Council Tax Benefit. I have gained proof that I was on Incapacity benefit but I am unable to get proof of Job seekers as 3 years ago they computer system was changed at the DWP and none of the data was transferred . They re asking for 1500 pounds . what Can I do ?
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