Council Tax and Bailiffs ref only - NO POSTS ALLOWED

[robin9342]

Ok, so how much do you owe the council and how much have the bailiffs added in fees?

[kia]

very good question gonna have to go back through all my paper work to find out how much the liabilty order was for itll have to be tomorrow now out tonight and it could take me a bit to find it id be interested to know as well from what youve all said i think im in for a shock think its at least 100 pounds more maybe more cos im sure the debt was 600 and now its 730 but ill let u know tomorrow for definate thanks for helping all of u gratefully recieved xxkia

[Cathouse]

I too have the problem with Council Tax and bailiffs (Newlyn). Our problem is that we had full rebate, then we got Tax Credits and the Council decided that was income and that they would reduce our rebate accordingly. I am on incapacity benefit and my wife works part time for about £35 a week (although when we filled in the Council Tax form it was nearer £100 a week. I have had all the letters etc from Newlyn and they again today are threatening to remove the vehicle parked on our drive which they have placed a"distress order" against! The car is worth about £7k, the council debt is £314.97, but with Newlyn's charges it is about £540! How can they justify taking so much for so little? We haven't seen a bailiff yet, so obviously haven't (and won't) let them have entry nor do a WPA or anything. My point though is the vehicle, although parked on our drive and me being the registered keeper doesn't, in law, make it mine. I could feasibly have a contract with a third party who owns the car, but then loans it to me, provided I tax and insure it etc. The personal number plate is mine though. If I had such a contract, and Newlyn took the car could I not report it as theft? Would the insurers pay up for it?

I don't quite know how to get out of the predicament. We wrote to the Council asking them to review our case, but the only response we got was that "it's in the hands of the bailiffs". Need help but not sure how to go about it. I can write a mean letter but quite often get caught up in the heat of things and write with my heart, not with my head.

[casbah]

Hi Cat

No 1) is the car yours under the disability scheme?

If so then I think they can't take it but if I were you I would advise the disabilty dept, that they have served this warrant on it. I think that falls under leasing and they can't remove it without a court order (BUT because the council have a court order against you it may cover the vehicle)

2) you say that on the rebate form you put your wifes' earnings down as 100 when it was in fact 35. I don't mean to be personal but why? did she have her hours cut? needed to spend more time as your carer?

and more importantly, did you inform the council of this?

I would write to the council and appeal against this bill. Ask them to re-assess it.

3) Have you signed anything or paid any money to the bailiffs?

[FairPlay77]

I too have the problem with Council Tax and bailiffs (Newlyn). Our problem is that we had full rebate, then we got Tax Credits and the Council decided that was income and that they would reduce our rebate accordingly. I am on incapacity benefit and my wife works part time for about £35 a week (although when we filled in the Council Tax form it was nearer £100 a week. I have had all the letters etc from Newlyn and they again today are threatening to remove the vehicle parked on our drive which they have placed a"distress order" against! The car is worth about £7k, the council debt is £314.97, but with Newlyn's charges it is about £540! How can they justify taking so much for so little? We haven't seen a bailiff yet, so obviously haven't (and won't) let them have entry nor do a WPA or anything. My point though is the vehicle, although parked on our drive and me being the registered keeper doesn't, in law, make it mine. I could feasibly have a contract with a third party who owns the car, but then loans it to me, provided I tax and insure it etc. The personal number plate is mine though. If I had such a contract, and Newlyn took the car could I not report it as theft? Would the insurers pay up for it?

I don't quite know how to get out of the predicament. We wrote to the Council asking them to review our case, but the only response we got was that "it's in the hands of the bailiffs". Need help but not sure how to go about it. I can write a mean letter but quite often get caught up in the heat of things and write with my heart, not with my head.

 

Newlyn's are having a laugh! You do not owe them anything like the amount they are claiming (See the thread about bailiff charges). Have you told the council that your wife is now only earning £35 a week? If you haven't you should do so. I wouldn't want to encourage you to do something dodgy regarding documentation concerning ownership of the car. I think your best plan, in the short term, is to hide the car or ask a friend if you can keep it in their garage, etc. But, long term, your best plan is to get the council to take back the debt (don't be put off by them pretending that they can't do that). If the jobsworths at the council dig their heels in, contact your local councillor. Also, once you have worke dout the correct bailiff charges, report Newlyns to Northampton County Court for what amounts to attempted theft.

[Cathouse]

Thanks for the replies. Firstly the car is mine, not under a disability scheme, bought when I was "better". My wife's income, self employed, was £100 when we got the benefit but at year end that is now about £35. We informed both the tax credit people and the council but the council have chosen to ignore it. I haven't signed anything, and have no intention of paying the bailiffs. But can they just take the car, the one they "distressed" against has somehow vanished off my drive, but there is another one there "different reg no" that isn't mine.

[casbah]

Does your council have a web site?

 

Mine does and you can do a "dummy run" for council tax assessment.

 

If yes then do this and see if figures tally, then inform council of the outcome ( even a few quid difference would make me ask them to re-assess) Have you approached your borough councillor? They are there for the public so use them, they can get the council to look into it again.

 

I want to ask about the car but think it may be better I not know

But if they have a registration for one vehicle and that vehicle is not there then I would move the other vehicle PRONTO!!!

[snlc]

Just spoke to the council who said I have to make arrangement with the Bailiff to pay 2007 Council Tax. I applied for tax benefits due to low income during that year, but so far nothings been done. The Bailiff came around but the council got a hold on them. Now, I've not let them in and not signed a WIP document, in fact I've signed nothing.

 

I have taken Zoomans letter and adapted it and it works out I can pay £70 a month for 36 mnths - if I can pay before I can do it. but..

 

I phoned the Bailiff office to get the exact balance for my letter and the girl siad she could do the arrangement over the phone and as they do carried on talking.. "we can spread it over 3 months or we need the full balance" the bailiff will have to come around and take a schedule of goods ( no chance!) first..

 

Do these bailiffs have to accept your arrangement if I state I want the next years payments to go to plan, do they have to come and take an inventory and given it sounds like they'll reject my offer out of hand, what can be done to get them to accept it?

 

Thanks

 

Tom

[casbah]

Tom

 

you are confusing two issues here.

You say the council tax was for 2007, so does that mean it would have been up until this april or last?

Now with regards to the bailiffs I will tell you what I did.

My council took me to court in july 07 for the tax year 07/08, they obtained a judgement. I spoke to the council and said I would not pay bailiifs fees and would only pay the council tax directly to the council.

I set up a direct debit but soon changed it to a standing order, paying on a weekly basis. I contacted my local borough councillor and said how unfair it was the council had taken this action and I would only pay the council, to cut a long story short I continued to pay by standing order and it finished in January.

Now by doing this the bailiffs were very unhappy about this, to the extreme that I had friday night phone calls telling me I had to pay them direct and if I didn't they would go for my commital to prison. Now I am one of those people that relish this sort of hassle so all I did was dig my heels in further and got to the stage where every friday night i'd greet them with "have you had a good week" and "how are you today".

The bailiffs never got "their" money.

Just because the council get a judgement, using the bailiffs is only ONE of their options.

With yours I would not wait for permission from the council, I'd pay online and keep the receipt, then pay by direct debit ( but they are in controll how much is taken) or by standing order ( you are in controll). Inform the bailiff that you are paying direct and thats how you will pay in the future.

BUT BE CAREFUL if you miss a payment then you can expect the bailiffs.

Be realistic with what you can pay but don't go the other way that it will take you years to apy it off.

And chase up the rebate application. Councils are terrible for this soo much so I won't ask for a rebate.

 

Good luck

Cas

[snlc]

No, this was for the year which was due for payment on 1/4/07 and a tiny bit from the previous yr. I''l have Aprils coming in soon and I want to pay that when it's due. What I can't handle is bailiffs waiting outside. I don't mind paying them off in an amount I can afford, or the council, makes no odds to me, but there's no point anyone saying "you owe £2000 and I want it now or in 3 months" I just can't do it. That first letter of Zoomans seems okay and I have made it out as described, not sent it yet, but I really don't eiether want phone calls from collectors or people knocking at the door - it just psyc's me out. I really wanted to know what happens if they reject my offer - what happens then? Blood and stone come to mind!

[casbah]

Hi again

 

until this bill is payed the bailiffs won't be going away, so its only you that can decide how involved you want them to be.

each time they come back they will add another fee ( sometimes as much as 90 pounds)

Now me? I won't give them another penny, I have paid my council tax 4 years via the bailiffs because they said I had to. Once I'd read up a bit on here and I knew they were not being honest I decided they'd had enough and could go swing for it.

Now the bailiffs that my council use, don't credit my account as I pay it, they wait and pay it after a few months, leaving the council to think it is still outstanding, then being quick off the mark to sue me again for this years, as a matter of fact, last years council tax (07/08) went to court in july 07, why? because bailiffs hadn't told council debt was clear.

And another thing any money you pay to the bailiff goes towards their fees, and once the fees are paid then it goes towards the council tax.

Keep talking to us on here, we have all been through this, but only you can decide how to go about it.

 

Cas

[snlc]

So, given that I am not as brave as you to confront them, would you say I should make the arrangement with the council and say I will not deal with Bailiffs?

[casbah]

You are as "brave" as me you came on here.

 

Take things slowly, I would ring the council and get advise from the borough councillor, explain that you have this outstanding debt, you had applied for a rebate but the council never responded......... ask how you go about getting this resolved.

 

This will give you time to think,

if it comes back that you was not entitled to a rebate then you can ask why.

Now with regards to the bailiff, I would write to them stating the out standing balance is in dispute and is being resolved.

I, personally would only pay the council, why add 50%+ to the debt?

Set up a standing order and get ready to pay this years council tax that will be due in April..................but keep a very close eye on it, my council has this annoying knack of crediting all money paid to any outstanding balances, thus putting you behind for this years!!!

I suggest you ring the borough councillor first, then drop us a line on here

Cas

[Angi]

Hiya

I find all this so annoying, how the bailiffs can charge such high amounts for knocking on a door.

Anyway I just wanted to add my bit

Few years ago I was in trouble with debts, mainly council tax, 18 months worth I paid what I could but never on time, which I admit was my fault, so the bailiffs came knocking at my door, I managed to borrow the money to pay them off & the debt was gone, about a year later, the council sent 2 cheques to my hubby refunds for over payment of council tax...the same ones I had paid to the bailiff, I wanted to find out about it all, but they sent refunds to hubby...when the debt was in my name...

 

strange one....you bet...

 

Angi x

[kia]

now im back and need to chase this up now i think might be a bit late to write to my counsellor now so do i still go down this route or what and im still concerned the baliffs might try and break on when were not here do i still send off the sar to the them will it stop them sorry for being absent for last few days was somewhere i had no net connection any help will be apreciated xxkia

[casbah]

Kia

Ring your councillor don't write.

 

I am almost certain that if a debt is in dispute then all legal preceedings are on hold, send an sar to the bailiffs, this is because you want to know what they have charged you for and how much council tax is outstanding.

ask the council if they recieved your rebate application,when and what was the outcome.

[casbah]

Kia

Go back to page 1, thread 19 and see what martonman says. Its good advise

 

Cas

[kia]

what rebate dont think im entitiled to it im splitting from hubby but hes still here so dont think im entitled have applied in the past and theyve said no way but ring can i get that number from the council offices?xxkia

[kia]

the only problem with that bit of advice was we let them in by the way does it make any difference the debt is im exs name not mine cos they only wrote three things on the list of stuff being the tv which i bought the stereo which is his and the dvd which was given me by my brother xxkia

[Cathouse]

Firstly thank you to all of you who have offered advice and guidance, in particular Casbah who made me aware there could be an online benefit calculator. My wife did it earlier today and the result was that we should receive CT rebate which equates to exactly £1 less per week than the actual CT charge. She re-submitted the application, this time on line today. Are there any letters or templates that I can use calling the council's attention to this (whilst copying it to Newlyn's) that would result in getting these bailiffs off of our back, if only for the time until the council review our claim and hopefully come to the same conclusion we did?

As I said the car with my number plate disappeared from my drive, it broke down July or August of last year and we couldn't afford to get it fixed. My brother-in-law has towed it away, which was arranged weeks ago, intends to have it repaired and then keep it for a while. He has offered to buy it at a greatly reduced price but obviously I don't need the money!!! and of course I need to retain the plate. My wife's car is on the drive, which she needs to use daily in the course of her self-employment. How can she stop Newlyn's taking it while waiting for the council to tell Newlyn's to "hop it"?. Any advice, templates or letters would be really appreciated. I don't sleep well but this has made me much worse.

[jellytot777]

hi everyone.

 

i was wondering if anyone could give me some advice. my partner when i met him had £1,600 in arrears of council tax. since being with him we paid £600 last april and was told we would be sent some paying in forms to pay money to the bailiff via the post office. we never received these. they then turned up in october and said we hadn't kept up with payments. i didnt let them in but offered them £50 through the window he said he could't accept anything but payment in full. if i didnt he said he would return with police to arrest my partner. never returned.

 

we paid £50 to the council as the bailiff wouldn't accept it and in january i wrote a letter to the council stating that the bailiffs were charging costs when i haven't signed a WPO or signed anything and that i had told them that my partner whose bill the name is in works 9-5 mon to friday and to come back when he was here. funnily enough they only turn up when he is not here. never heard back from the council and sent another payment of £50 a few days ago to the council.

 

anyway today i had a knock on the door. i thought it was a package i was expecting as i didnt recognise this bloke as the bailiff that usually visits. i was just about to answer the door when it opened and in walked this bailiff. i asked him to leave and he refused so i said i would call the police. at this point he stood in my frontroom bloking the door right next to the phone. i must stress that i have a 2yr old daughter and as this bailiff had left the child gate open my daughter climbed the stairs and went into the bathroom. i again asked him to leave as i needed to get to my daughter. he started writing down my goods and said "go sort your daughter out then" but did not move from the doorway so i couldnt get past. my daughter started crying and i heard the bathroom door close. i started to panic as there is bleach and razors and allsorts that my daughter could have hold of. i started to push the bailiff which as he was quite big didnt make any difference and he said that he could call the police as he had now gained peaceful entry which i dont think he did.

 

i am now worried as he says he is returning tomoro to remove goods and i have nowhere i can go and so will be home with my daughter as my partner is away. it is my word against his and i think i am right in saying that if he has already gained peaceful entry then he can return tomoro and geet in by any means. i am extremely worried for me and my daughter and dont know what to do.

 

i tried cab but they were closed on wednesdays. i am in the process of making a complaint to the council but that wont stop tomoro. i didnt call the police after the incident as he said it was my word against his so the police cant do anything.

 

what do i do now. please reply asap.

 

thankyou so much if you read all this as it is long winded.

[snlc]

Just to let you people know. I metioned I went to the council to apply for CT rebate over a month ago, I took all my papers down but the girl there said I had to bring more personal account stuff, not copies and a list of the premium bonds we've got ( all £52 worth!) anyway, she said they'd write and tell me what they needed. I never heard from them and started to panic that the bailiff was on his way back so I rang the council to see what was happening. The woman said as they hadn't heard back the claim had been closed - I never got their letter, so I hot footed it back down there with further documents and they re-opened the claim. Still nervous about the bailiff I told the council woman " I don't do Bailiffs" I can't stand them and they gave me grief before and I just won't deal with them so I will make an arrangement and pay off the council. I'll pay the bailiff his costs from the first visit - I'll live with that, but I'm not paying them in future. I was told I can't make an arrangement with the council once the bailiff is instructed, but....if I paid the council then the council will advise the bailiff and it will reduce the value of the order the bailiff has. I told her I wouldn't let them in at any price, never let them take an inventory and would never let them set foot inside the door. She said that once the bailiff gets the message they won't get anywhere and you are paying the council then 'nulla-bona' kicks in and the account will eventually get passed back to the council....sounds like just the ticket - she put a stop on the bailiff for another month which gives me time to address a few issues. So, a good day...just stick it out and be honest with these council people and you can get it sorted.

 

Thanks to everyone for their advice - been worth its weight in gold..thank you.

 

 

Tom

[kia]

does anyone have any idea how i can get hold of my council tax account number have tried today but they wont give it me over the phone and ive got to have it to make the call any help will be appreciated thanks gotta go out for a bit back later xxkia

[casbah]

you could ask the council for a copy of your bill. The info will be on there or any letter from the council or bailiff will have you council tax account number on it.

[kia]

so its on the baliffs form cos ive got that is it that same number then cos the woman on the phone was very unhelpful but i know where that is but it says its their reference number is it or is it the same as the council reference number ?xxkia