Council Tax Arrears - B&S Bailiff Services

[Grantw]

Hi Guys,

 

I've been reading through this part of the forum and it looks like I'm in the right place.

 

I've had numerous letters from various bailiffs about some large council tax arrears I have unfortunately accrued over the years. Unfortunately I have not always been a high earner since my business folded back in 2008 when all this began.

 

Last week these guys turned up and I greeted them and they demanded over £4000, I told them I had been in contact with the council and would deal with them, they threatened me with sending it for committal (if that's the correct phrase) because I was refusing to pay. I responded with "I have nothing to take and no money, I am not refusing too, I just cant afford £4000+"

 

Today they turned up again and my girlfriend had parked the car on the driveway (her car but in my name, she pays insurance in her name, it was on my business policy until it ended in December). They have given me a control of goods bit of paper on this car and have given me until 03/02/16 to come to an arrangement or pay.

 

Now I am very poor at present, trying to develop a new business and can barely pay my mortgage at the moment. I have little to no spare money, I would love to pay this off and get it gone but I just can't afford it as I also have other priority debts I'm trying my best to work on.

 

They say (with they're charges £75x5, £235) I owe £4861.02.

 

I actually owe:

 

2008/2009 23.06.08 – 31.03.09 555.36*

2009/2010 01.04.09 – 31.03.10 793.05*

2010/2011 01.04.10 – 31.03.11 915.95*

2011/2012 01.04.11 – 31.03.12 861.00*

2012/2013 01.04.12 – 31.03.13 933.66*

2013/2014 01.04.13 – 31.03.14 0.00

2014/2015 01.04.14 – 31.03.15 530.98**

2015/2016 01.04.15 – 31.03.16 1030.71**

TOTAL 5620.71

 

The total debits for the years 2008 to 2016 = £7053.48 and costs of £330.00 have been incurred. Therefore, total debit = £7383.48

 

The total remittance received to date = £1762.77, therefore the remaining balance of the account is £5620.71.

 

That's straight from the Council.

 

What on earth am I meant to do???

 

Thanks in advance,,

 

Grant

[Bailiff Advice]

Hi Guys,

 

I've been reading through this part of the forum and it looks like I'm in the right place.

 

I've had numerous letters from various bailiffs about some large council tax arrears I have unfortunately accrued over the years. Unfortunately I have not always been a high earner since my business folded back in 2008 when all this began.

 

Last week these guys turned up and I greeted them and they demanded over £4000, I told them I had been in contact with the council and would deal with them, they threatened me with sending it for committal (if that's the correct phrase) because I was refusing to pay. I responded with "I have nothing to take and no money, I am not refusing too, I just cant afford £4000+"

 

Today they turned up again and my girlfriend had parked the car on the driveway (her car but in my name, she pays insurance in her name, it was on my business policy until it ended in December). They have given me a control of goods bit of paper on this car and have given me until 03/02/16 to come to an arrangement or pay.

 

Grant

 

Your immediate problem is the car. Given that the debt is for council tax arrears the enforcement agent will not have made any checks with DVLA as to vehicle registration.

 

I am a little surprised that he has given you a period of grace until the 3rd Feb. This could be because the vehicle is either on finance or is not worth very much. Am I correct?

 

Does your girlfriend have any evidence that she purchased the car?

 

There seems to be an error with the bailiff fees. You have said that you have five Liability Orders and that Compliance fees of £75 have been applied for each one. This is correct. You have also stated that an enforcement fee of £235 has been added. Given that the debts total £4,861 the enforcement fee should be higher (£235 plus 7.5% over £1,500). That's their loss.

[Grantw]

It's a 2003 BMW convertible, it's not actually worth a great deal anymore. My saving grace may be that although the log book is in my name, when I bought it my mother took out the finance for me!? It's paid off now. Should I lead with this or send the log book off and back date it to December with my girlfriends name on? She insures it and uses it and I havnt had a driving licence since last July so there's not a lot to question really.

[Bailiff Advice]

It's a 2003 BMW convertible, it's not actually worth a great deal anymore. My saving grace may be that although the log book is in my name, when I bought it my mother took out the finance for me!? It's paid off now. Should I lead with this or send the log book off and back date it to December with my girlfriends name on? She insures it and uses it and I havnt had a driving licence since last July so there's not a lot to question really.

 

You cannot now backdate the V5c. The reason being that goods become 'bound' from the date of the Notice of Enforcement and this means that goods cannot be sold, transferred or disposed of unless in certain cases.

 

The simplest explanation is that you gave the vehicle away (or even gifted it) to your girlfriend last July (long before the Liability Orders had been passed to the enforcement company. The reason why you gifted the car to her was because you (I assume lost) your driving licence.

[Grantw]

You cannot now backdate the V5c. The reason being that goods become 'bound' from the date of the Notice of Enforcement and this means that goods cannot be sold, transferred or disposed of unless in certain cases.

 

The simplest explanation is that you gave the vehicle away (or even gifted it) to your girlfriend last July (long before the Liability Orders had been passed to the enforcement company. The reason why you gifted the car to her was because you (I assume lost) your driving licence.

 

I did lose my licence unfortunately, part of the reason I'm in such a mess financially. If I contact them with that information will that stand?

 

Thanks

[Grantw]

I have emailed this and will send the same by mail tomorrow.

 

To whom it may concern,

 

A letter was posted to xxxxxxx noting that control has been taken of the vehicle that was parked on the driveway at 10:15 26/01/16.

 

I feel I should inform you that this vehicle was purchased and paid for by Mrs D xxx and is now owned, driven and insured by my partner which is why it was on the driveway on that given day. I myself do not drive at present and have not done so since July 2015.

 

I can of course provide proof/evidence of everything listed above. That being the case I insist that the levy on the vehicle be removed immediately.

Edited January 27, 2016 by Grantw

[Bailiff Advice]

I would suggest that you go back to your previous post and use the edit button to remove your name.

[Grantw]

I would suggest that you go back to your previous post and use the edit button to remove your name.

 

Noted, thanks