Have I made a massive error here ? Any advice ?

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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themer
Posts: 1
Joined: 19 Aug 2018 22:12

Have I made a massive error here ? Any advice ?

Post by themer »

Hi, sorry if this has been covered before but im struggling to search through for
Something like my problem . I owe council tax to an area I previously lived in ( moved back in with family due to debts ) The council has 3 outstanding accounts , fairly small sums all ended up with bristow and sutor . I had letters from them but no visit , rang the council and set up a payment arrangement where I pay every month ( I pay the council not the bakiff however bristow have been continuously sending threatening letters during this time .
I emailed the bailiffs to ask for a breakdown in charges as when I telephoned council to make my last Payne t the amount i owed seems to be more than when I started !!! after ignoring me for weeks they finally sent it through when I asked the council to ask them for me and. I have been charged 2 compliance stages and one enforcement , to add insult to injury they have now slapped a third compliance fee on me for the final account as the council takes the Payent and it doesn’t reach them when it’s due .
There has been no baliff visit to this house , their is also cctv which I can check but they seem unwilling to tell me when exactly this visit was . No one saw them and their was no paperwork left !

It’s ny fault I’m in this mess entirely and I’mnwilling to pay my debts I just feel like I’m being screwed for charges now theY know I will pay . I have read about people classed as vulnerable ? The council are aware of my situation , I’m a single parent of 1 severely disabled child ( higher rate care Dla) and a young baby . Is this something I should look into ?
I realise now in hindsight i should have kept everything closed up and waited for it to go back to the council but I was trying to do the right thing and get on top of my money . By making payments does this. Is mean the council can’t take it back and I have to pay 470 of charges for a debt that went much more then that in the first place ?
Any advice gratefully received 👍
zeke
Posts: 245
Joined: 30 Jul 2012 21:23

Re: Have I made a massive error here ? Any advice ?

Post by zeke »

themer wrote: 19 Aug 2018 22:36 Hi, sorry if this has been covered before but im struggling to search through for
Something like my problem . I owe council tax to an area I previously lived in ( moved back in with family due to debts ) The council has 3 outstanding accounts , fairly small sums all ended up with bristow and sutor . I had letters from them but no visit , rang the council and set up a payment arrangement where I pay every month ( I pay the council not the bakiff however bristow have been continuously sending threatening letters during this time .
I emailed the bailiffs to ask for a breakdown in charges

You don't need to ask for a breakdown of charges. The bailiff must put it on the Notice of Enforcement. This is what a bailiffs Notice of Enforcement looks like.


as when I telephoned council to make my last Payne t the amount i owed seems to be more than when I started !!!
You need to ask the council for a table of payments for each council tax year so you can reconcile your payments.



after ignoring me for weeks they finally sent it through when I asked the council to ask them for me and. I have been charged 2 compliance stages and one enforcement ,
It is not the council that charges the compliance stage fee or the enforcement stage fee. Each council tax year having a bailiff instructed carries a £75 compliance stage fee, but you are only charged one £235 enforcement stage fee regardless of the number of enforcement powers, (exceptions).



to add insult to injury they have now slapped a third compliance fee on me for the final account
That can only be done if there are three council tax liability orders, one for each council tax year.



as the council takes the Payent and it doesn’t reach them when it’s due .
When you pay the council, payment is immediate. They cannot postpone or delay a payment.



There has been no baliff visit to this house , their is also cctv which I can check but they seem unwilling to tell me when exactly this visit was . No one saw them and their was no paperwork left !


It looks like the bailiff is trying to screw you a £235 enforcement stage fee. If the bailiff is evasive when he attended, then he can just knock the door, wave at the CCTV and that would attract the enforcement stage fee. He doesn't have to take control of goods.


It’s ny fault I’m in this mess entirely and I’mnwilling to pay my debts I just feel like I’m being screwed for charges now theY know I will pay .
Once the council tax is paid to the council, that stops the enforcement power. It might leave an angry bailiff outside wanting his fee, but he doesn't have the power to take control of goods. This explains what happens to the bailiffs' enforcement power when the amount outstanding has been paid.


I have read about people classed as vulnerable ?
The law is as clear as mud, but this explains the relationship between bailiffs and vulnerable people.



The council are aware of my situation , I’m a single parent of 1 severely disabled child ( higher rate care Dla) and a young baby . Is this something I should look into ?
Yes. but it might not get you off the hook. You could approach a local councillor and apply to write off the arrears. Here is how to persuade a council to write off council tax arrears. Its hard work, but a lovely feeling when it works.



I realise now in hindsight i should have kept everything closed up and waited for it to go back to the council but I was trying to do the right thing and get on top of my money . By making payments does this. Is mean the council can’t take it back and I have to pay 470 of charges for a debt that went much more then that in the first place ?
Any advice gratefully received 👍
I think persuading the council for a sympathetic ear might be helpful. Your starting point is your doctor, and if you have suffered mental health issues over because of bailiff action against you, that really ups the ante. Ask your doctor to complete a MALG evidence form.

I'm not even sure why you are even paying council tax when you receive high-rate DLA.
delta157
Posts: 10
Joined: 13 Oct 2013 16:00

Re: Have I made a massive error here ? Any advice ?

Post by delta157 »

I’m a single parent of 1 severely disabled child ( higher rate care Dla) 

I'm not even sure why you are even paying council tax when you receive high-rate DLA.
They don't receive any DLA, as stated it's for a disabled child. Or they could have been able to apply for a SMI consideration.
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