RE: HELP WITH CONFERO ENFORCEMENT COUNCIL TAX

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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babes
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#1 RE: HELP WITH CONFERO ENFORCEMENT COUNCIL TAX

Post by babes » 07 Feb 2018 15:23

Hello I refer to my previous post. I have received a notice to remove goods by Confero collections re council tax. The amount is 4k, going back a few years and this was due to lack of job and other personal matters. The council sent the bill to confero and I agreed to make £50 per month payment. I missed a payment last month and so made contact with them to explain the situation and have started to make payment again to their bank, whilst at the same time maintaining my current council tax to the council. I spoke to the bailiff and she has said she will come and remove goods on Monday 12th if i do not pay £745. This will then allow her to set up a plan for me. According to her its the council who have instructed her to take that action.

I called the council and told them about it and they said they have not told the bailliffs to do that. The lady on the phone was completely unhelpful. Her words were she was not getting involved and so therefore it was up to me to go and negotiate with the baillif. I am now stuck as the council really do not care two hoots and the baillifs will not accept the £50 am already paying to them and have given me a deadline. They say they will come to me at 4pm on Monday. Can you please advice as to what I do going forward.

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Pote Snitkin
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#2 Re: RE: HELP WITH CONFERO ENFORCEMENT COUNCIL TAX

Post by Pote Snitkin » 07 Feb 2018 16:28

First thing is that the bailiff cannot force entry for this type of debt but they will target anything of value outside, ie car, bike, etc.

Get back to the council and ask to speak with the recoveries manager and tell them what you were advised earlier about them 'not getting involved'. Advise them that the bailiff is giving you false information.

Remind them that they remain liable for all actions the bailiff takes and remind them of the 2013 Guidance on Enforcement part 4.5:

  • 4.5 Local Authorities should remain prepared to deal directly with individuals at any point.
If you have brought the payment plan back up to date, tell them there are no arrears on the plan and that the bailiff is trying to engineer more fees for themselves.

babes
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#3 Re: RE: HELP WITH CONFERO ENFORCEMENT COUNCIL TAX

Post by babes » 07 Feb 2018 18:36

Hello Pote,

Many thanks for response. I would like to send an email to both council and bailiff, as both bailiff and council worker I spoke with did not want to know. I will email it to recovery manager. Can you assist me with a letter example with case law to apply?
Many Thanks
Mike

babes
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#4 Re: RE: HELP WITH CONFERO ENFORCEMENT COUNCIL TAX

Post by babes » 12 Feb 2018 16:04

Hello Pote Snitkin. I sent an email to the bailiiff, and she has emailed back to say that they have contacted the council and the arrangement set has been cancelled because I missed to payments. I explained to the bailiff that is was due to a job situation and I will be bringing all payments up to date and carry on with the plan, but she has replied back saying again that enforcement will still go ahead if I do not pay £745 immediately. I am yet to reply to her, but wanted to check what my options were. I am going to carry on making payments, but she wants £745 like now. I don't know which planet these people come. Can you please advise.

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Pote Snitkin
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#5 Re: RE: HELP WITH CONFERO ENFORCEMENT COUNCIL TAX

Post by Pote Snitkin » 12 Feb 2018 17:07

Stop contacting the bailiff and speak to the recoveries manager and follow the advice in post #2.

The bailiff will just say whatever suits them.

babes
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#6 Re: RE: HELP WITH CONFERO ENFORCEMENT COUNCIL TAX

Post by babes » 12 Feb 2018 17:55

I have contacted them already and the have asked me to go and negotiate with the bailiff. I would like to draft a formal email/ letter and send it to the recovery team/ manager and also cc it to my local MP. At the moment they are just tossing me from pillar to post and as per post 2, that did not suffice to them when I mentioned 2013 Guidance on enforcement part 4.5. Can you please assist me with a letter template?

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Schedule 12
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#7 Re: RE: HELP WITH CONFERO ENFORCEMENT COUNCIL TAX

Post by Schedule 12 » 12 Feb 2018 18:59

This template letter will help you get started,

https://docs.google.com/file/d/0B3un_KT ... YzUmM/edit
Run this Checklist. If no joy, then we'll fix it
Author: dealingwithbailiffs.co.uk

babes
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#8 Re: RE: HELP WITH CONFERO ENFORCEMENT COUNCIL TAX

Post by babes » 13 Feb 2018 21:19

Please find below what I have written to send:
I received a notice to remove goods from Confero Collections on 5th of February. I called the enforcement agent (Claire McNally) Tel Number: 07802649664 and told her I already had and arrangement with to pay £50 per month which started back on the 25th of September 2017, however due to a work related, issue I did not meet 2 months payment. I advised them that I will be resuming payments again this month and look to bring the arrears down considerably by the end of this year.

She told me she has been instructed by the council to collect £745 and based on me making that payment, she was going to set up a plan. The deadline to make this payment is Monday 12th Of February 2018.

I told her I did not have £745 to pay her and she advised me that’s the instruction she has been given, and if it’s not fulfilled she will be coming to remove goods by 4pm on Monday. She suggested I ask friends and family to come up with the money.

I called the council office and spoke to a lady called Eve, who said they have NOT instructed the bailiff to obtain £745, and it was up to me to go back and negotiate with them.

The Bailiff has lied and provided false information to obtain funds.


The lady (Eve) was very unhelpful and in a nutshell told me its got nothing to do with the council, so I needed to go and speak with the bailiff.

I would like to remind the council of the good practice guidelines issued by the Department for Communities and Local Government which states in 4.4 and 4.5
. 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.
. 4.5 Local Authorities should remain prepared to deal directly with individuals at any point. It is perfectly within their gift to call action back from the bailiffs at any time and where there is a case to do so they should consider action.

I have sought legal advice, and I have contacted Claire McNally at Confero and informed them I will continue to make payments of £50 per month to their account as agreed.

Must I also state that the bailiff under the law does not have any judicial rights to force entry to my property to remove goods and causing me and my family distress. Wands worth Council remains liable should any inappropriate behavior or incident occurs.

My contract is with the council and not Confero Collections, and as such I am within my legal right not to deal with them. I AM NOT REFUSING PAYMENT but will take an immediate action without delay should CONFERO COLLECTIONS threaten to remove goods and cause me and my family distress.

I do not have £745 to pay them now and immediately. I would please want to carry on with my arrangements of £50 and will bring all my payments to date. I will ask that you contact them on my behalf, as they are refusing to accept that I do not have £745 to give them.


I request that all communication between us is made in writing or other durable form so that all parties involved can maintain a paper trail. This is to protect the parties from any mistakes that can occur in a telephone conversation.

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