Bailiffs and repayment rates?

[Seminole]

That notice has no effect unless they gain peaceful entry. It's merely an attempt to intimidate.

[chrismc]

the council have a liability order from way back in 2001 which i seem to have missed somewhere along the way but that was at the start of my illness so i missed a lot of stuff around then. the Bailif letter states 'Court Date 141201 TAKE NOTICE that in pursuance of the distraint made against you by us on 23 Nov 05and the sum of £324.94 now being in default, it is now proposed to remove your goods for sale by auction. AND TAKE FURTHER NOTICE that the cost of the van attending will be a minimum of £110.00 and that youmay be liable for this pyament. If more than one visit is necessary to find you at home then this figure may be greatly increased. AND FURTHER TAKE NOTICE that any third party claims or claims that goods are on Hire Purchase should be submitted to us NOW. AND FURTHER TAKE NOTICE that, provided we receive the above mentioned sum within seven days of the date of this notice, then the removal will not take place. You must ENSURE that any cheque payments are made payable to ROSSENDALES LIMITED. Governing Bailiff.

 

They like the phrase 'further take notice' dont they? I reckon this letter is put together to sound like they are stating the law to people!

 

I have sent a copy of my original complaint to my MP (who had a baby a couple of days ago)so assume a deputy of some kind is handling matters.

Just remember Maybelline, if the bailiff has never been in your house, the letter they sent you is worthless. Eventually it will go back to the council. Baliffs are used to getting their own way by sending out what look to be legal and threatening letters, unfortunately when they come up against someone who knows their rights they are snookered. A letter on its own doesn't undo locks.

[maybelline]

just had an interesting chat with dwp IS. having sent a letter to them pleading for them to contact revenues as they accept I have a backdated claim I now am informed that revenues have access to the dwp claims info on screen and know very well who has a current claim or not! and the status of that claim.:mad:as prev posted you may recall, the council refused to speak to the bailiff on the grounds they had no evidence of my IS claim??? thanks to the IS person who put me straight, hope there are more sensible folk out there.

[maybelline]

have sent a recorded delivery enquiry to the bailiff to ask for a breakdown of all the fees accrued becuase I only know of them coming here on two occasions but they are claiming fees for several, (no docs left etc) and they are claiming fees for the council tax debt duplicated over the years ?? the council has a strange way of moving the money paid off the debt around over certain years so the bailiff is claiming fees for 4 seperate years on each visit (fee x 4)

 

sorry hope that makes sense, basically what i pay goes to the original debt and the next one doesnt clear so it stacks:confused:

[maybelline]

UPDATE FROM THE COUNCIL:mad:

 

email from the manager - refusing to get involved in any way with the bailiff until my claim is finalised - 'because you have claimed this benefit does not mean you will be entitled to it'?????????????????????????????????????????????????????? but DWP hae already informed me of my entitlement over the phone??????????????????????????????????????????????????????????????????????

 

basically this is just not true, they can intervene but choose not to, they are referring to my Incapacity claim but my new claim is for IS so once again the right hand is not speaking to the left!!!

 

SO WE HAVE TO PUT UP WITH THE BAILIFF HARASSING US AND I WILL HAVE TO TRY TO FIND SOME WAY TO REDUCE THE STRESS FOR MY SON, NO RELATIVES TO TAKE HIM TO SO JUST WILL HAVE TO KEEP MYSELF AS CALM AS POSS SO IT DOES NOT IMPACT ON HIM, course if i open the door they could put their foot in as prev tried or not answer and they will bang and bang. I am really shocked the council is not taking into regard our circumstances. why I would be is amazing, why am I so shocked by other behaviour I will never know.

[Seminole]

I would email him back thanking him for putting this in writing and mentioning that it will be included in your complaint to the local government ombudsman.

[maybelline]

I would email him back thanking him for putting this in writing and mentioning that it will be included in your complaint to the local government ombudsman.

 

have spoken to LGO and they are intervening, cannot say much as this is an ongoing investigation but they suffice to say they have no powers as such (but hopeful notheless that they have weight anyway).

[Seminole]

have spoken to LGO and they are intervening, cannot say much as this is an ongoing investigation but they suffice to say they have no powers as such (but hopeful notheless that they have weight anyway).

 

Council officers don't mess with the LGO not least because it's fairly easy for an LGO complaint to be brought to the attention of very senior staff and Councillors. The tends to give pause to even the most determined jobsworth.

[maybelline]

i do hope so! thanks seminole.

[chrismc]

have sent a recorded delivery enquiry to the bailiff to ask for a breakdown of all the fees accrued becuase I only know of them coming here on two occasions but they are claiming fees for several, (no docs left etc) and they are claiming fees for the council tax debt duplicated over the years ?? the council has a strange way of moving the money paid off the debt around over certain years so the bailiff is claiming fees for 4 seperate years on each visit (fee x 4)

 

sorry hope that makes sense, basically what i pay goes to the original debt and the next one doesnt clear so it stacks:confused:

If you have a number of accounts with them you m,ay find they apply a charge for each account for each item eg visit, van fee etc etc this is what they did with me, it meant three charges on the same day for the exact same thing, when only one should have applied, just another way they have of ramping up the fees.

[maybelline]

think it looks like this is what they have done to me also. good luck pursuing Philips, seems they are all the same, licenced or not.

[maybelline]

FINAL NOTICE received today from the Borough Council, instalments cancelled and the whole years to pay in 7 days or else - a SUMMONS to be issued.

 

What is wrong with this council, I cant possibly pay the whole year, I have entitlement to IS and they know this and yet still send this notice, this is the third one I have had in the last month or so, I received one for paying online and it was put on the arrears instead of paying the monthly instalment so they promptly issued their threats even though it was their mistake, then they did it again because it hadnt been altered on the system.

 

The first visit I was aware of from the bailiff came after I claimed council tax benefit, put the forms in and thought that this protected me from further action and my instalments were reduced eventually by nearly 50% but it took 2 months for the reduction to come into effect and meanwhile I struggled to meet the old rate. It seems this is where the problem is, the council and bailiff want the old rates of payment even after a change of circumstance and I know that technically I should be covered for the whole of June, still I am being pursued for the payments set at a rate that no longer is valid as the claim will be backdated and my circumstances are changed.

 

Today I have to attend a DWP medical and still dont know if bailiff is coming. LGO?

[chrismc]

FINAL NOTICE received today from the Borough Council, instalments cancelled and the whole years to pay in 7 days or else - a SUMMONS to be issued.

 

What is wrong with this council, I cant possibly pay the whole year, I have entitlement to IS and they know this and yet still send this notice, this is the third one I have had in the last month or so, I received one for paying online and it was put on the arrears instead of paying the monthly instalment so they promptly issued their threats even though it was their mistake, then they did it again because it hadnt been altered on the system.

 

The first visit I was aware of from the bailiff came after I claimed council tax benefit, put the forms in and thought that this protected me from further action and my instalments were reduced eventually by nearly 50% but it took 2 months for the reduction to come into effect and meanwhile I struggled to meet the old rate. It seems this is where the problem is, the council and bailiff want the old rates of payment even after a change of circumstance and I know that technically I should be covered for the whole of June, still I am being pursued for the payments set at a rate that no longer is valid as the claim will be backdated and my circumstances are changed.

 

Today I have to attend a DWP medical and still dont know if bailiff is coming. LGO?

 

Maybelline

 

The right hand does not know what the left hand is doing, if I was in your position I would write a letter stating all that has gone on and what you have done, the threats etc the Bailiffs have made, a log of any phone calls and what was said, any meeting you had with them or the Council and DWP etc etc basically as much info and dirt etc you can drag up and hand deliver and address it to Private and Confidential to the Chief Executive or the Managing Directors Office of the council. (call in and find out who is in charge before addressing the letter - then put his/her name on it)

 

I would also make it clear you want this case to be fully investigated and if not within say 14 days you will take it to the Local Government Ombudsman as the effect it is having on your health family etc etc etc is too much for you to cope with. Really lay it on thick, I would expect them to start to take notice PDQ.

 

They will have to answer the letter and acknolwedge it if nothing else, if they don't start to take action with their relevant departments then take it straight to the LAO.

 

Chris

[maybelline]

Hello Chris, thanks that does make sense, I have all the notices and instalment plans together and will write it all up, one copy for them and one to LGO as they are aware of this matter now. It seems the council have a three stage complaints procedure that apparently I may have not followed properly and so individual 'jobsworth' types have taken that option. Support is welcome, thanks.

[chrismc]

So much Red Tape....but if you send in a letter they cannot then say they knew nothing about the situation. Unfortunately you cannot trust anyone these days so just cover your back even if it means writing letters etc etc. and re-word your leter and copy it to the LGO

[garyking]

I have just recieved an attatchment of earnings from wychavon district council, over unpaid council tax. I made an offer to pay £10 per week on the outstanding from last year, and £100 per month on the current bill. They told me that this was not acceptable, they wanted £30 per week plus the £100 per month. Is it possible for them to stop an attatchment on earnings, because they tell me they cant.

[chrismc]

I have just recieved an attatchment of earnings from wychavon district council, over unpaid council tax. I made an offer to pay £10 per week on the outstanding from last year, and £100 per month on the current bill. They told me that this was not acceptable, they wanted £30 per week plus the £100 per month. Is it possible for them to stop an attatchment on earnings, because they tell me they cant.

GK

 

I would imagine they can stop[ it if they wanted to, afterall they implemented it or would set it up wouldn't they, but I am not 100% sure, here is some info for you, for guidance only:

 

If the defendant does not send back the form, the court will try to contact the defendant and get a 'statement of means'.

A bailiff will serve an order telling the defendant to fill in a statement of means. If the defendant still does not return the form but the judge thinks the defendant knew about the attachment of earnings application, the judge may issue a warrant to arrest the defendant.

The bailiff will arrest the defendant and may bring him or her to court to fill in a statement of means.

 

Also

 

 

A court officer will look at the information given on the defendant's statement of means and decide how much the defendant can afford to pay.

The officer will take into account how much the defendant needs to live on for food, rent or mortgage and essentials and to pay regular bills, such as electricity. This is called the 'protected earnings rate'. If the defendant earns more than the protected earnings rate, an order will be made.

If the defendant is on a low wage, it may not be possible to make an attachment of earnings order.

 

 

The order will be sent to the defendant's employer saying how much to take and when to take it. The order will be sent by the Centralised Attachment of Earnings System (CAPS) in Northampton, which will be responsible for collecting payments. You will be sent a copy of this order.

 

The defendant can ask for the order to be suspended if he or she does not want the court to contact his or her employer. If the court agrees, they will tell the defendant to make regular payments direct to the claiment.

 

 

The most common reasons for not receiving payments are:

• the defendant has left or changed jobs; or
  
• the defendant is not earning enough for the payments to be made.

If the employer does not reply, CAPS will ask the court that made the order to take action against the employer. You will be told if this happens.

 

If the defendant becomes unemployed after an order has been made, the order will stop

 

 

...

[elsinore]

We are indebted to malcontent for this

 

http://www.consumeractiongroup.co.uk/forum/general/14977-reporting-harassment.html

 

Elsinore

[maybelline]

this is very useful thanks also - no bailiffs at my house this week despite all the threats so its fingers crossed my message is getting through.

[chrismc]

We are indebted to malcontent for this

 

http://www.consumeractiongroup.co.uk/forum/general/14977-reporting-harassment.html

 

Elsinore

 

Some great info in that thread Elsinore. My post:

 

 

Some very valuable information Malcontent, thanks! I just wish all this information and resources that is so useful was easier to find when you are desperate and need it. It just does not get through to the average man in the street who may be desperate for the information that is now available on this forum.

 

Chris

[Malcontent]

I have just read through the thread and Im agast at how bailiffs work - Im not sure that what they have done is legal and would suggest you get the CAB involved.

 

Write a diary of all the events you can recall and take that with you when you go to the CAB.

 

Good Luck

 

Malcontent

[5816027]

I have had a similar problem with Equita, only in my case the cancelled a DD that I had with them, then they sent a Bailiff to collect goods or the full amount + costs,I had to borrow money to pay them as they would not talk to me and said that they could not cancell a DD, I have since recieved proof from my bank that they did cancel. I have sent Equita letters, copy of the bank letter & emails with no respons. i am about to issue court proceedings - any advice:confused:

[maybelline]

I think you need to see the Philips Thread, go to search button, sorry dont know how to do a link for you.

[maybelline]

crikey! apparently I am not entitled to IS so the ball is back in the other court so no doubt the council will be really happy to re engage the bailiff. it seems my disability bens take me four pounds over so crazily because I have this extra sum I need to find a monthly payment of over £100 in council tax and bailiffs arrears collections, protected by IS it would be miniscule in comparison???? benefits system is crazy....

[maybelline]

COURT SUMMOMS RECEIVED TODAY -

 

I thought I had to be refusing to pay or make arrangements to pay for the council to take this step??

 

I have kept them informed about my IS claim. One of my disability benefits ended so I was told to claim IS. I did so but then was told I did not qualify as new claims no longer receive a family element so I was four pounds over, so I paid the payment for June that I had thought was covered by IS and wrote to them explaining the situation. In the meantime my efforts to find a few hours employment came up and I started a little job which meant I could move off one kind of benefit and on to the much publicized WFTC which I am also still waiting to hear from. Of course in the mean time we have to exist, eat, etc and I have been struggling to find the transport costs for my sons disability support course, a very long distance away from our location. I only have the cable still on because I pleaded with them but hey, it could disappear at any moment!

 

I paid Julys council tax also at the current rate and wrote in asking for a new claim form and informing them that I would be moving from incapacity benefit to WFTC and enclosed my payment receipt number, so they are not missing any payments but they did not come in on time because of all this fluctuation - SO NOW THE COUNCIL HAS RESPONDED BY SUMMONS TO APPEAR ON 8 AUGUST TO PAY ALL THE ARREARS nearly £700?

 

Do I go to court, they are seeking another Liability Order but under the circumstances I do not understand why?

 

Have I missed something?