Merton Bailiffs

[Belville]

sorry i missed this thread, just been asked to have a look.

 

What i find hard to beleive with this is the £200 fee,

are on DLA or do you have a blue badge ?

your Email also needs to make them very aware that you are VULNERABLE

and the council have a DUTY OF CARE to you and because of this there demands are poor.

 

thank you LFB

I have sent you a PM let me know when you have read it if I should post the contents on open forum please.

Also I am not at present on DLA nor do I have a blue badge

I am struggling to word the application form for DLA correctly and although I always managed it fine for my husband I think the reality of how my illness affects me is hitting home, Fibro also causes you to be forgetfully and gives you a feeling of having a foggy brain alot of the time so I now find think thats were easy a couple of years ago really hard now and it's frustrating!!

What would you suggest I add to my email to make them aware of my vulnerability??

[hallowitch]

sorry i missed this thread, just been asked to have a look.

 

What i find hard to believe with this is the £200 fee,

are on DLA or do you have a blue badge ?

your Email also needs to make them very aware that you are VULNERABLE

and the council have a DUTY OF CARE to you and because of this there demands are poor.

 

L F B is correct you should be clased as venerable if you haven't sent it try to add it

 

now that you have started to deal with the council tax arrears it would be a good idea to start a new thread about your parking tickets

[lets fight bailiffs]

cut and paste this to your email

 

I would also like to inform you that as to my posision, i am under the rules of Duty of Care also classed as VULNERABLE and if my payment plan is not accepted then i will have no chioce but to contact my MP as the money i receive are set at a minimum for me and my child to live.

[Belville]

Thanks Guys for your help and advice

but

I really want to get this email sent and still don't know what and how to add something about vulnerability

I really need to get this sent as it's friday and they are coming on Monday

so to be a nag but I'm getting myself really worked up about it and don't want to make any mistakes

[Belville]

cut and paste this to your email

 

I would also like to inform you that as to my posision, i am under the rules of Duty of Care also classed as VULNERABLE and if my payment plan is not accepted then i will have no chioce but to contact my MP as the money i receive are set at a minimum for me and my child to live.

 

 

Sorry didn't see this as was typing my post

will add it then send email

thanks again

[lets fight bailiffs]

dont get worked up we are here to help and as i have advised on your PM if we need to do that then that is what we will do.

 

LFB

[Belville]

OK so It's been sent now and heres a copy

 

Dear Sirs,

Council tax reference number: ********

Bailiff Case Reference: *****

I had a visit from Merton bailiffs on 12th August 2009 regarding my unpaid council tax the bailiff is returning on Monday to collect full payment of this debt including charges

 

my only income is made up of state benefits, namely Child benefit, Child Tax Credit and widowed parents benefit and I have no savings therefore I simply won’t have £620.10 to pay the bailiff on Monday

 

Due to my financial and personal circumstances I am a widow with a 16yr old daughter to support,I have Fibromyalgia and am in constant severe pain, I also have Osteo arthritis and suffer from depression and am on medication for ita payment of £5 per week is all I can realistically afford as paying any more would put me in severe finantial hardship.

 

I will make my first payment of £5 on Tuesday 18th August via your Automated payment line and then by standing order ever week ( I will await your details to allow me to set this up)

 

If this payment is not suitable perhaps you can arrange for the payment to be made direct from my benefits

I appreciate that the given the size of the dept it will take a long time to clear the outstanding balance however if my financial situation chances I will immediately get in touch with you and make arrangement to pay more

 

I would also like to inform you that as to my position, I am under the rules of Duty of Care also classed as VULNERABLE and if my payment plan is not accepted then I will have no choice but to contact my MP as the money I receive are set at a minimum for me and my child to live.

 

As this is a very worrying situation I find myself in an early reply to this e-mail would be appreciated

 

Yours faithfully

 

Just hoping that I here back from them today otherwise I will be panicky all weekend

[lets fight bailiffs]

L F B is correct you should be clased as venerable if you haven't sent it try to add it

 

now that you have started to deal with the council tax arrears it would be a good idea to start a new thread about your parking tickets

 

I did PM the OP with regards to this HW and it would appear that an out of time declaration will put a stop to the them, but if not the a STAT DEC will.

Happy day's:)

 

LFB

[lets fight bailiffs]

what will happen now if that is not accepted you have every right to have it means tested by a magistrate and it will not look good on the council if this ends up in court as you have made an offer to pay.

[hallowitch]

thanks for that L F B council tax bailiffs I'm OK with but parking tickets I'm still trying to learn

i live in wee village a few miles outside llangothlen so if your ever down my way i owe you lunch or coffee at least

[Belville]

ok so have also sent an email to The CEO of finance with a copy of my email to the bailiffs

not sure if it's going to do any good as both emails were sent to the same email addy

well it's fingers crossed now and NO ANSWERING THE DOOR TO STRANGERS!!

 

 

Dear Sir,

 

I have sent an e-mail to Merton Bailiff Services with a payment plan for my council tax arrears a copy of which I have included in this e-mail

As Merton Bailiff Services are employed by you, I believe the final decision regarding payment is yours

I therefore hope you will look favorably on my payment plan

 

Many thanks

 

[hallowitch]

if the reply is no then you get your M P involved

[MRSWESTHAM]

Good Luck Belville

 

Just reading through your post , Cant help much with the bailiffs as rely heavily on the clever bods on here to sort me out but I saw you are having trouble wording the DLA forms. I work in a GP surgery and our GP is happy to help patients fill the forms in. Perhaps if you got an appointment yours could too?

 

Keep us informed

x

[Belville]

thanks for that MRSWESTHAM my Gp will fill in his part only already asked!

Can't find a welfare rights office anywhere near me so I'm wondering about using the benefits helpline form filling advisers

what does everyone think of that?

[lets fight bailiffs]

CAB will also help with with this

 

LFB

[Belville]

thanks

[Fair-Parking]

Don't forget the basic principle here. The only court order outstanding is that relating to the amount written on the liability order. Don't let Merton Council/Bailiffs try to tell you that more is owed.

 

If they do, ask them for a copy of any court order that adds to the amount on the liability order.

 

No court order - no debt.

 

So pay the council and not the bailiffs office.

[Belville]

morning all

 

I've just checked the online council tax account balance checker and it says that the outstanding balance is £636.10

 

can they do that? I mean my council tax isn't £636.10 it's £399.10 so I don't understand how I can owe the COUNCIL that unless they have told the bailiffs what to charge.

 

I know they are inhouse Bailiffs but surely thats not allowed!

 

belville

Edited August 17, 2009 by Belville

[Belville]

Pay the council direct - not the bailiff office. They have to accept it - and don't listen to any arguments or excuses that prevent that. Leave the cheque on the desk if they try to refuse. Remember that the ONLY court order outstanding is the liability order. What is on that is the amount owed. No more according to the court.

 

There is no court order for any fees and unless a bailiff has a court specifying any other amount other than that written on the liability order, there will be no court authority to collect any more. Full payment of the amount written on the liability order renders the bailiffs powerless -apart from more lies and more unsustainable intimidation.

 

I suspect that the brains of Merton Bailiffs would be unable to comprehend such simplicity, but that doesn't change their status within the law.

 

Hi is there somewhere on the net that I can see this written in Black and white to use this in my fight with both the council and the bailiffs, Some legislation or court rules?

[Fair-Parking]

Belville it really doesn't matter whether it's written in black and white on the internet, what you owe is written in black and white on the liability order.

 

You have a most disreputable and fraudulent council who aren't going to listen to anything that will contravene the arrogant and unlawful belief that they can demand anything that they think they can get away with. The law doesn't come into their reckoning.

 

Best way to deal with this is to tell the council that you wish to see a copy of the liability order and any other court order that they may have relating this case. Any other paperwork they may produce particularly that printed in their own office has absolutely no relevance. If it isn't court stamped then it isn't a legal document.

 

The liability order is the only proof of any alleged debt.

[seanamarts]

I would now get intouch with the council ombudsman out lining everything that has been done by the council

[Belville]

well Just got home from and arduous few hours at he hopsital with my mum and theres no reply to either of the emails I sent on Friday

having said that I doesn't look like the Bailiffs have been either as there weren't any more letters hand delivered with more charges on them so thats good I suppose

 

I will look at the link to the Council Obudsman that seanamarts has posted and see what they can do

I will update you all whan i have spoken to them if not my local CAB have and open door tomorrow so will probably go along and see what if any help they can be

[hallowitch]

Before you get in touch with the LG O read this posted by tomtubby

 

It must be remembered that a bailiff enforcing a debt for council tax, National Non Domestic Rates (NNDR) or an unpaid parking ticket is working as a agent for the local authority.

 

In this, the local authority cannot simply abdicate responsibility for the actions of their contractor as ultimately, it is the responsibility of the local authority to ensure that a levy is carried out in a lawful manner and that the fees charged by their agents are in accordance with statutory regulations.

 

Following a discussion with the Local Government Ombudsman's Office (LGO) they have advised that if you have a Compliant for the Council about their bailiff's then you MUST do the following:

 

.

 

You must ENSURE that you mark your letter to the local authority: FORMAL COMPLAINT.

 

Your letter should be addressed to the CHIEF EXECUTIVE and should be COPIED to the COMPLAINTS DEPARTMENT ( this will ensure that it is registered as a formal complaint).

 

If you are unsatisfied with your response from the local authority then you can take your complaint to the Local Government Ombudsman but they will want to see that you have gone through the councils COMPLAINTS PROCEDURE first and that you have allowed the local authority a maximum period of 12 weeks to respond.

 

The Local Government Ombudsman's office will need to satisy themselves that you have made it CLEAR to the Local Authority that you are making a FORMAL COMPLAINT

[Belville]

Thanks for that hallowitch good advice as usual

Do you think that I should follow up on fridays emails today or give them a few days, and if so any sugestions as to the wording?

[hallowitch]

give them time to deal with your complaint

if you get no reply by Friday send them a recorded delivery letter

in the mean time try to pay something through the councils on-line payment service

 

find out who your M P is and when there surgery is its a good idea to go see them if the council are not willing to help