Bailiff unwilling to take payment

[Superwoman1981]

I need some advice regarding council tax arrears which have now been handed over to a bailiff.

In 2012/13, I got into rent arrears and this amount is £262.28
In 2013/14, I go into rent arrears and this amount is £156.94

I didnt go to court or answer court summons for various reasons and now this debt has been handed over to a bailiff.

The amount owed has now increased to £711.84.

I can pay back £15 a week but the bailiff says that he cannot accpet anything lower than £25 per week. I cant pay this and i dont know what to do next as i want to clear the debt but really cant afford the extra £10 a week.

The bailiff wont give me his managers details and says that he doesnt answer to anyone, doesnt have a manager - he then did say that he had a manager but wouldnt give me his details so Im a bit confused here.

I contacted the company he works for and they directed me back to the bailiff, I said that I was not prepared to discuss anything with him as he was not willing to take a lower payment from me.

I am going to try and write to the bailiff company and request a £15 weekly payment plan but is there anything else I could be doing? Is there any other advice you can give me?

Am thinking of writing to the council to negotiate paying them back directly - is this possible?

I am on my own with 4 kids, 2 of them under 5 and Im terrified about the bailiff putting the door in.

Any help gratefully recieved

[Guest]

Re: Bailiff unwilling to take payment

Very often, bailiff companies are under instructions from councils to collect the money within a certain time scale (3 months or 6 months) It will be the council who would give the go ahead to a longer time scale.

Do you work or are you on benefits?

[Superwoman1981]

Re: Bailiff unwilling to take payment

Im on benefits

[Guest]

Re: Bailiff unwilling to take payment

That helps immensely.

Telephone the bailiff asap & inform him of this. Also telephone his office. Advise both that you are single mum of 4, 2 under the age of 5, living on benefits. Follow these calls up with a letter to the office confirming that you are on benefits.


Telephone the council & inform them that he;s refusing to accept £15 a week and you are a single mum of 4 (2 under 5) on benefits. You are a vulnerable person and wish to pay the debt off at an affordable rate.

Try to catch them tonight.

Post back with what they say and depending on what it is will determine how you go from here.

[bizzybob]

Re: Bailiff unwilling to take payment

For clarity what bailiff company is this, as it sounds like a capita type scenario, where Capita run the back office, but do as ST suggests, if your sole income is benefits you should make sure the councul know. You do receive Council Tax relief dont you? That of itself should ground the vulnerable status.

[Superwoman1981]

Re: Bailiff unwilling to take payment

Thank you so much for advice, feel so much better already!
I have rung council, need to put it in writing before they can tell me which way it is likely to go, I will do this tonight. I am in receipt of CT benefit.

The enforcement agency are Newlyn PLC

[Guest]

Re: Bailiff unwilling to take payment

Great news-Well done.

It is also important that you contact Newlyn. I am worried they may try to visit and charge you an extra £235 in a visit fee. Try to get hold of them (& the EA) to tell them that you have spoken with the council, advising them that you are a vulnerable person. They are now looking into the matter. Follow this up in writing as well. If they ever do visit, you are not obliged to speak to them or let them in so never answer the door to them or slam the door shut as soon as you discover who it is.

In your letter to the council, repeat that you are a single mother of 4 (2 under 5) and that you consider yourself to be vulnerable as per S77 of the National Standards (April 2014). Advise that you are struggling financially and that you are in receipt of benefits including CT benefit. You wish to address your CT arrears but cannot possibly enter into the punitive arrangement of £25 per week that Newlyn are demanding. You ask the council to accept something that is affordable to yourself. You do not wish Newlyn to visit you and charge an additional enforcement fee as this will only be counter productive whilst you are attempting to deal with your arrears.

[ploddertom]

Re: Bailiff unwilling to take payment

I would like to add to the good advice that has been offered.

You need to provide proof of your Benefits - award notice perhaps - and any letter sent to the Council should be copied to the Bailiffs. Have you also considered involving your local Councillor(s) and asking they help & intervene on your behalf. It is a good time to ask Councillors to become involved as there are elections due on May 22.

As you are on Benefits then any payment made can come direct from your Benefits - currently approx £3-65 per week.

[Superwoman1981]

Re: Bailiff unwilling to take payment

Not good news guys....the council have sent me a letter saying that they will not accept payment from me...

'Due to account being with our agents no payment should be paid direct to the authority. Any payment or proposal of payment needs to made with the bailiffs'

And...

'We do understand your circumstances unfortunatley the account will remain with our agents for collection. May l suggest that they are contacted and an arrangement agreed to clear the amount outstanding. This will prevent further visits to the property address and avoid further stress and upset. Failure to do so may result in additional bailiff fees being incurred'


I dont know what to do next as I used The Council Tax Regulations 1993 quote and explained the circumstances under which I consider myself to be a 'vulnerable person' but to no avail.


Any advice?

[ploddertom]

Re: Bailiff unwilling to take payment

Not good news guys....the council have sent me a letter saying that they will not accept payment from me...

'Due to account being with our agents no payment should be paid direct to the authority. Any payment or proposal of payment needs to made with the bailiffs' Couldn't give a stuff what they say you can still pay direct via online banking, Council website or automated phone - but see below.

And...

'We do understand your circumstances unfortunatley the account will remain with our agents for collection. That in itself is not a great issue providing your vulnerability issues are met. May l suggest that they are contacted and an arrangement agreed to clear the amount outstanding. This will prevent further visits to the property address and avoid further stress and upset. Failure to do so may result in additional bailiff fees being incurred' See below.


I dont know what to do next as I used The Council Tax Regulations 1993 quote and explained the circumstances under which I consider myself to be a 'vulnerable person' but to no avail. Have you contacted your local Councillor(s)?


Any advice?

Before 6 April this year I would have suggested paying the Council direct as the Bailiff(s) would tend to leave you alone knowing payment of some description was being made & if they had not been able to gain entry or seize goods they were just wasting their time going backwards & forwards.

However the situation has now changed and the only way to make payment direct is if there is an agreement with the Council to do so. It is advisable to contact the bailiffs now and try to come to an agreement as to an instalment plan - this should be so that your debt is paid off in an agreed period of time - think it is 12 months but can't remember exactly. Therefore if they allege you owe £711-84 then a weekly payment of £15 is well suitable & would pay the debt off in approx 48 weeks.

If they are being stubborn & refusing what you can offer - they obviously are trying to make you pay more - then in my view that is sufficient to make yet another complaint to the Council. This along with everything else should be turned into a Formal Complaint and sent to the Council CEO.

[Guest]

Re: Bailiff unwilling to take payment

As usual, PT is spot on.

It is advisable to have another go with the EA's. Now that you are maintaining a paper trail of all correspondence, any overcharging can be addressed at a later stage.

Write to the EA's immediately, state that you have advised the council of your situation. Repeat your circumstances (benefits, 4 children, 2 under 5). State that the EA will not accept anything lower than £25 per week which is both unreasonable and unrealistic for a woman in your circumstances. Tell them that you are prepared to offer £10 per week (unless you'd prefer to pay £5), which is more than you can afford (providing your sole income is benefits/tax credits etc) but is way above what they are entitled to. Tell them you do not wish an EA to visit you to set up this arrangement, if you are going to be charged £235 for doing so. If a fee is to be charged for a visit then you wish the plan to be set up via mail or telephone (which Newlyn are perfectly able to do). There is no reason for a single mother on benefits to incur further fees.

Remind them of paragraph 4.4 of the Guidance to local councils on good practice in the collection of council tax arrears, published by the Department for Communities and Local Government:
4.4 Arrangements should seek to safeguard against bailiffs entering into punitive
repayment arrangements directly with bill payers. Local Authorities should consider
how they manage their relationships with bailiffs to have oversight over such
arrangements and set parameters for such agreements. They should be mindful of
the impact that repeat visits may have.

Copy the council in on the letter.

[Superwoman1981]

Re: Bailiff unwilling to take payment

Thanks for all your posts and help with this, I took your advice and it worked. I am now making direct payments to the council as the debt has been returned to the local authority