Refusing to deal with enforcement agents - Off Topic Posts

[neil_tp]

Well done for posting this, it highlights what we have been saying on this forum for the last eighteen months.

 

Namely that:

 

There is no such thing as a vulnerable household, as shown above, if someone is there who can deal with the bailiff, he can enforce.

 

That guidelines are just that, they point out what should be considered, they do not instruct anyone on what they must do. All cases are different.

 

Councils do not have to take accounts back, again it is down to the LA and the individual circumstances of the case.

 

Finally that the best course of action is to contact the EA if there are any issues regarding the enforcment in the first instance.

 

The best course of action is to contact the local authority, so I disagree!

[Peterbard]

The best course of action is to contact the local authority, so I disagree!

 

Who with me the LGO the LA, or the EA ?

"

Paragraph 20:

Once the account was with the bailiffs, the Council advised Ms N to contact the bailiffs directly. My view is this was a reasonable position to adopt. "

[Leakie]

Who with me the LGO the LA, or the EA ?

"

Paragraph 20:

Once the account was with the bailiffs, the Council advised Ms N to contact the bailiffs directly. My view is this was a reasonable position to adopt. "

 

Dodgeball, this may be the case in this complaint,

 

Nearly every situation is different,

 

I personal do not wish to deal with the EA's, I have not met a trustworthy one yet, or one that was reasonable,

 

The council can take it back, if they want too, there is nothing in the regs to say they can not.

 

Most people who end up with LO's are not the won't pays they are the can not pays in the time scale required, so how is this going to get the Council tax repaid quicker, by adding more costs.

 

Leakie

[Peterbard]

Hi Leakie

 

No one wants to deal with the Bailiff, but sadly the debt is in their hands, there is little option, if you get no joy then you can approach the LA, if you go to the council first they will just ,quite rightly tell you to go to the EA.

[BUTTERCUP7]

I recently helped a member of my family with an EA regarding Council Tax.

 

I point blank refused to deal with the EA and dealt with the Council and set up a payment plan myself - the Council tried to make us go back to the EA but we just asked by which law we had to follow to make us do this - they were not forthcoming with this!!

 

Now the Council are accepting the payments and the EA have written and said they are sending our case back to the Council.

 

We just refused and stood firm - I have also done this myself and this has worked for me.

 

I have also helped other people in a similar situation and it worked for them. Stand firm, stand tall and refuse. The Council cannot refuse your payment. The Council are in cahoots with the EA's anyway and its all a [problem] - dont play along is my advice.

 

EA's are just wannabe Court Bailiffs I think and no better than Debt Collectors....

[Peterbard]

I think the point of this thread is the LGO report which states that debtors should go to the LA first.

[Peterbard]

Incidentally for the sake of anyone else reading, if you do pay the LA they will send the payment to the bailiff, so you will still have to pay ther fees.

[BUTTERCUP7]

I haven't seen any reports - but in our case for ages the Council/Local Authority refused to deal with us - I think I have about 8 letters here where they were trying to force us to deal with the EA.

 

I simply kept stating that No we would not, and that they couldn't force us to and therefore they backed down - I suspect others don't do this but more should.

 

If its not in law why should anyone take any notice of the EA I say.

[Peterbard]

Lots of reports both in here and other forums, perhaps you are referring to the situation before the new rues came into place.

 

Bailiffs are not part of the LA anymore they are a separate entity. If the LA accepts payment and does not pass fees along to the bailiff they are in breach of a contract between them(as well as the applicable law)

[Peterbard]

I haven't seen any reports - but in our case for ages the Council/Local Authority refused to deal with us - I think I have about 8 letters here where they were trying to force us to deal with the EA.

 

I simply kept stating that No we would not, and that they couldn't force us to and therefore they backed down - I suspect others don't do this but more should.

 

If its not in law why should anyone take any notice of the EA I say.

 

Because it is the law

[Peterbard]

Anyway this is off topic we are talking about going to the ea if there is a problem with enforcment and the LGO ruling.

[BUTTERCUP7]

Hi

 

All this happened to us in the last 3 weeks - so have things changed recently?

 

I asked the Council to state which law they can force us to deal with the EA - they couldnt say.

I asked the EA - they also couldn't and wouldn't tell me the law.....

 

As you said 'it is the law' please can you tell me which law states a person HAS TO deal with an EA. i cannot find anything and neither could the Council or EA...?

 

This is all very confusing.

 

You say bailiffs are not part of the LA anymore - when were they? Also the EA wrote to us and got very funny when we said they were Bailiffs and requested their Bailiff numbers etc - they clearly stated they were Enforcement Agents. This is no better than debt collector then.

 

Please can you clarify?

Thanks

[Peterbard]

YOu need to read the tribunals courts and enforcment act and associated regulations , there are lots of threads on this subject on here, not this one though

[BUTTERCUP7]

I would like to start a new thread as I feel my questions are valid and simple - as is my approach.......I don't think it's fluke as I have used it and have helped others do the same.

 

As you stated it was the law I would be interested to know how you can state this so surely - whereabouts on the other threads shall I look for this information as you cannot give it....also please could you answer my other questions regarding the LA/bailiffs etc? I am only asking you to clarify what you have said - not being awkward, but am genuinely interested in what you have to say.

 

Cheers

[Peterbard]

I would like to start a new thread as I feel my questions are valid and simple - as is my approach.......I don't think it's fluke as I have used it and have helped others do the same.

 

As you stated it was the law I would be interested to know how you can state this so surely - whereabouts on the other threads shall I look for this information as you cannot give it....also please could you answer my other questions regarding the LA/bailiffs etc? I am only asking you to clarify what you have said - not being awkward, but am genuinely interested in what you have to say.

 

Cheers

 

Good idea. Discussion is what this part of the forum is for, it may be helpful if you read some of the legislation first though because some may not want to go over so much old ground.

[BUTTERCUP7]

Hi

 

Please can I ask Dodgeball here to answer my previous questions - started this new thread for this.

 

Thank you

[BUTTERCUP7]

Hi again,

 

I have started a new thread - so you can reply to me there now and clarify what you mean in your replies.

 

Thank you very much.

[BUTTERCUP7]

Default Re: Bailiff enforcement re Council Tax: Local Government Ombudsman (LGO) decisions

 

Quote Originally Posted by BUTTERCUP7 View Post

 

I would like to start a new thread as I feel my questions are valid and simple - as is my approach.......I don't think it's fluke as I have used it and have helped others do the same.

 

As you stated it was the law I would be interested to know how you can state this so surely

- whereabouts on the other threads shall I look for this information as you cannot give it..

..also please could you answer my other questions regarding the LA/bailiffs etc?

 

 

I am only asking you to clarify what you have said

- not being awkward, but am genuinely interested in what you have to say.

 

Cheers

 

Good idea.

Discussion is what this part of the forum is for,

it may be helpful if you read some of the legislation first though

because some may not want to go over so much old ground.

Edited February 26, 2016 by citizenB
removed irrelevant profile

[BUTTERCUP7]

I think I have moved the thread OK? not that sure of what I am doing..

[Peterbard]

When i get a minute , although i assume others may want to help you.

also

[citizenB]

I am not quite sure what you are doing Buttercup. I am assuming you have copied a post from another thread and want Dodgeball to comment on it.

 

I will move your thread to the discussion area and mark for DB's attention. If you want to quote a post in a different thread in future. You should click on the little box at the very end of the post you want to quote (after the "Reply with quote link) and then scoot over to where you want to start your thread. Click on Post new thread and then on the "Go advanced" link when the new box opens and then you will see at the bottom of the new screen "you have one quoted post from another thread select/deselect" Just click on select and the post from the other thread will magically appear

 

Although to be honest, I dont understand why you simply didnt ask DB to respond to your question on the original thread ?

Edited February 26, 2016 by citizenB

[citizenB]

http://www.consumeractiongroup.co.uk/forum/showthread.php?460624-Refusing-to-deal-with-enforcement-agents-Question-for-Dodgeball

 

Link to Buttercup's question to DB !

[Peterbard]

I am not quite sure what you are doing Buttercup. I am assuming you have copied a post from another thread and want Dodgeball to comment on it.

 

I will move your thread to the discussion area and mark for DB's attention. If you want to quote a post in a different thread in future. You should click on the little box at the very end of the post you want to quote (after the "Reply with quote link) and then scoot over to where you want to start your thread. Click on Post new thread and then on the "Go advanced" link when the new box opens and then you will see at the bottom of the new screen "you have one quoted post from another thread select/deselect" Just click on select and the post from the other thread will magically appear

 

Although to be honest, I dont understand why you simply didnt ask DB to respond to your question on the original thread ?

 

Hi CB ther were a number of points and I didnt want the other thread to go 0ff topic.

[Peterbard]

What do you want to know

[Peterbard]

http://www.consumeractiongroup.co.uk/forum/showthread.php?460624-Refusing-to-deal-with-enforcement-agents-Question-for-Dodgeball

 

Link to Buttercup's question to DB !

 

Hmm. I am not taking this on as a full time job you know CB.