Help please Penham Excel and Council tax debt

[RunDown]

Hi there, wish my first post was lighter hearted than this.

 

My partner and I have 3 council debts that were held by Equita until there was a change in the council and are now with Penham Excel. I offered an agreement to pay Equita 5 pounds a week for each of the 3 but they never responded and we heard no more for 6 months. Since I explained that I am unemployed and have 4 children.

 

Then this Monday we got a hand written envelope through the door whilst picking the children up from school. It was from Penham Excel with details of our debts and asking for them to payed in full by 4 days from the date of delivery. I rang them and offered the same payment plan as I did Equita. They declined this and said they would only enter an agreement with me if I let them onto my property to take a full list of our goods.

 

We rent the house privately although using housing benefits and we have very little. I read on here on Monday that under no circumstances should I let them in. So I refused this which was met with the reply of I will put that onto your account and then he hung the phone up.

 

What should I do now. I have sent an email offering the payment plan to them but fear they will only show up at my door in the near future wanting entry.

 

Help please

[Bartok]

Everyone on here says pay the council direct, no matter how little and get a claim for council tax benefit put in ASAP.

[littlemonstersmum]

I had a similar problem with my council and Bristow & Sutor bailiffs. They wanted something like £70 a week which was impossible for us to afford. We went back to the council and although they refused to take the debt back (which i now know they can do, and probably should have done) they did contact Bristow & Sutor on our behalf and told them we could only afford to pay £10 a week and that is what they had to accept.

 

We paid Bristow & Sutor directly because again i wasn't aware we could pay via the council. For us this wasn't a problem until our final payment was missed (pregnant scatty head and not deliberate!). We then had a hand written letter saying they were coming for our goods etc etc. Bear in mind by this point it was for just £40!! Anyway, i sent a snotty email to Bristow & Sutor and made the payment via internet banking. Thankfully the account now shows as cleared and we didn't incur any extra charges. I think we were lucky though having read some other stories!

 

Please please do not let the bailiff into your house under any circumstances. Make sure you don't leave any windows open either. Some people suggest talking to them through an upstairs window but personally i wouldn't bother talking to them at all (on the phone or in person) and put everything in writing.

 

Sounds like your first port of call is going back to the council and insisting they take the debt back so you can pay them directly. You might be able to have the payment taken from your housing benefit but i'm afraid i don't know enough about that and don't want to give you wrong information.

 

You will find plenty of helpful people on here so ask away if you have any more questions. Most importantly, don't let the bailiff in, and if you can, don't let it get you down

[seanamarts]

Are you on any benefits now ?

[RunDown]

Yes we are on council tax benefit and I am on Job seekers again since last month because the builders I was working for have gone bust. I shall ring the council today and attempt to get them to take it back. They know full well what benefits we do get and it should be fairly obvious what our circumstances are and what is affordable to us.

 

Like I said the bailiffs are not willing to enter into a payment plan at all. Which seems completely unreasonable. Apparently they have been to court in order to waive the right of entering into one with us. Yet they are willing should I let them in to take an inventory (seems BS to me).

 

Another of my concerns is that my Mother in law has given us her caravan in Great Yarmouth for next week and my Brother in law will be staying here. I dont want him to do something silly like let them in should they turn up.

[hallowitch]

Like I said the bailiffs are not willing to enter into a payment plan at all. Which seems completely unreasonable. Apparently they have been to court in order to waive the right of entering into one with us. Yet they are willing should I let them in to take an inventory (seems BS to me

 

 

you got that right its B S a pail full under no circumstances let any bailiff into your home and if you have a car don't leave it on your drive or in your street

you would be better putting it in writing that you are on benefits

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.) unless full payment of (enter amount) is made by return.

The purpose of this letter is to advise your company that I am in receipt of (income support/jobseekers allowance) and am enclosing as proof, a copy of (payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to (local authority) (local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of (my/our) circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

Yours Faithfully.

 

when these debt were with Equita did you make any payments to them

[littlemonstersmum]

Is your brother in law aware of your circumstances? You are going to have to tell him not to let anyone in and make sure all doors are locked, windows closed etc. Basically the same 'rules' will apply to him while he is in your house as do to you when you are there.

 

I don't know whether anything can be done if he were to allow them in (as he is not you, not his debt or his house etc) but it would be easier just to make sure he lets no-one in.

 

Hallowitch's advice and template letter look very good so i would certainly get that in the post asap (send recorded delivery and keep receipt in a safe place)

 

Good luck with the council.