Council Tax - Bailiff threatening

[ianmillington]

We have been here before, haven't we Zoe[:)]

Basically Terry if the Council get a liability order that gives them the right of (amongst other things) distraint.

Once they get that right, it would seem nothing can take that away, unless you go bankrupt and the Council is the petitioner. A Bankruptcy Order on your petition or any other creditor can't stop it. The only thing in my view is an interim order, the application for which specifically allows the Court to forbid the levying of distress.

I recommend you speak to Melanies team about this asap, and show them all the paperwork, and don't sign any of the Council's paperwork in the meantime.

Ian

[zoe]

Ian
the Council have a Liability Order already as they cannot send the bailiff without it - however most councils (apart from the one we dealt with previously!!) will include any debts in an iva or bankruptcy!
Z

[Terry]

Fortunately I live in a second floor flat with a telephone entry system, so have no garden and I can't imagine them scaling the building to get in!
I phoned the bailiff (the guy works for Phoenix something or other) this morning to try to come to some arrangement, but he just said unless he got some money today, he'd be back round tomorrow.
I've sent all my paperwork to Melanies team (been a few weeks since i sent all the last bits and pieces), so however long it takes from here!

Thanks Ian, I think I'll speak to someone there and say what's happened. Also have tried ringing the council but surprise surprise, was on hold for over half an hour and had to leave it to get back to work. All my recent payments are fine, so it's a pain that I didnt really get the opportunity to arrange something with the council for last financial year's missed payments.

[ianmillington]

Hi Zoe

I was at the IPA Annual conference yesterday and this point emerged as a discussion point. Even an eminent London Insolvency Barrister was unaware of it, so what hope for any of us! Thankfully as you say most councils play the game.

Ian

PS To respond to Terry's reply, I think it's very important that the nominee is aware of what is going on, particularly as she is hopefully less likely to be given the run-around.

[zoe]

I think the one that didn't is definatley in the minority! i know that councils in this County and certainly neighbouring where i used to work do include!
Hopefully Melanies team will be able to arrange an interim order.

[MelanieGiles]

Terry - I think I know who you are, but as you are using a pseudonym on the form please confirm to me your full identity on the telephone so we can marry up the queries you are raising on the forum, which ought to be addressed to me directly in the first instance.

[ianmillington]

I would agree Melanie. Best dealt with by your team.

[Terry]

Hi Melanie,

I think I've got Angela's direct number - is it best to speak to her? Apologies if i should have phoned you first, just was completely unsure and worried about what to do!

[Adam Davies]

Hi
I am sure that they would rather receive some cash on the day than remove goods,offer what you can afford in cash and arrange for a further payment when you can afford it
Regards

[MelanieGiles]

Terry - ask to speak to me. I am in until about 2pm tomorrow.