URGENT HELP NEEDED re: council tax bailiffs and threatened committal

[mrsflatbroke]

I am in need of some urgent hel regarding outstanding council tax and bailiffs. I initially offered to pay the bailiffs in installments but was unable to pay agreed amount due to unemployment. Met with them at the council offices to make another payment arrangement but they refused to agree to anything unless I let them into my property to take an inventory of my goods. I have refused them entry and now don't even open the door to them. I have this morning received another letter saying that they are going to go back to the council and recommend committal or attachment to earnings. I am now getting in a real panic about this and considering getting myself into more debt to pay them off. PLEASE can anyone offer some advice asap. Thanks.

[ims21]

Thread moved to Bailiff forum

[unclebulgaria67]

There is no point dealing with the bailiffs in this situation. What you want is for the council to take it back. Suggest that you contact the council to advise them of your circumstances. The council may require you to complete a council tax benefit form, in which you have to detail your current financial position.

 

As long as you are working with the council on this, then it will not be necessary for the council to take this to magistrates court.

 

If you are not claiming any unemployment benefits, you need to speak to the Jobcentreplus helpline to register and see what you can claim. If the council tax relates to a period before you registered for unemployment, the council will often consider a backdated claim for council tax benefit, if you supply them with relevant financial proof of inability to pay and a letter advising why you did not claim benefit earlier.

 

If you have any problem with the council, speak to your nearest Citizens Advice Bureau.

[hallowitch]

only the council can go for committal the bailiffs can recommend till they are blue in the face its nothing to do with them

 

as long as you are making payments which you can do direct to the council using there on line payment facility and put your payment proposal in writing to the council (can be done by e-mail ) they would have a hard job going for committal proceedings as you are not wilfully refusing to pay the debt

 

http://www.legislation.gov.uk/uksi/1992/613/regulation/47/made

Commitment to prison

 

 

47.—(1) Where a billing authority has sought to levy an amount by distress under regulation 45, the debtor is an individual who has attained the age of 18 years, and the person making the distress reports to the authority that he was unable (for whatever reason) to find any or sufficient goods of the debtor on which to levy the amount, the authority may apply to a magistrates' court for the issue of a warrant committing the debtor to prison.

 

(2) On such application being made the court shall (in the debtor’s presence) inquire as to his means and inquire whether the failure to pay which has led to the application is due to his wilful refusal or culpable neglect.

 

(3) If (and only if) the court is of the opinion that his failure is due to his wilful refusal or culpable neglect it may if it thinks fit—

 

(a)issue a warrant of commitment against the debtor,

[tomtubby]

I am seriously concerned at the constant stream of enquiries where a bailiff states that unless he can be allowed entry into the home he will recommend that COMMITTAL proceedings be brought against the person.

 

This is not NOT TRUE. the bailiff has NO POWER to consider this and this type of "threat" is frankly despicable.

 

The reason WHY the bailiff wants to have entry into a property is SIMPLE.

 

If he gains gain entry he can then charge MORE FEES.

 

He can legally charge a LEVY FEE a WALKING POSSESSIONS FEE but much more importantly.....if the debtor is just one day late in meeting the payment terms as ordered by the bailiff....he can then charge an "ATTENDING TO REMOVE" (VAN FEE) to the account. This can add another fee of up to £200 to the account!!!

 

The bailiff knows that UNLESS he can get into the home to levy....his fees are CAPPED at just £42.50

 

REFUSE HIM ENTRY and do not have a car outside.

Edited October 30, 2012 by ims21