Administrative Job FAQ

Author: jobfaq

Source: articlesbase.com



Am I anyone shafted by my employer and colleagues?Having raised a problem with wages,something else have surfaced.I have been erudition a new role for the past 6 months.My colleague and troop member started in indistinguishable boat.New to the role and the firm. I have caught him blaming me for problems that are both our responsibilities,he has jelled beside every one else way faster than me,so I have be feeling outcast since starting,he varies his lunches beside no consideration for my not being able to dance to lunch until he returns.My boss has made me feel that he does not endow with a monkeys about me, I have be lied to about my role and as a result have be put on the phone overflow,taking calls that are not related to me.The result of which has cause distraction and errors.Now I have found out that our roles will no longer exist,Two new combined roles will be made and two relatives will be made redundant. My colleague is constantley having meetings beside my boss.I am entitled to nothing and burned bridges getting here.Any one got any thoughts? Am i Being Too Sensitive?I'm an assistant and I knew I was gonna enjoy to put up with alot of crap, but its starting to take its toll on me. When I ask my bosses question, sometimes they don't even answer or acknowledge me. And it seems like I get hold of blamed for "messing things up" when its not even my fault. Like if a clients cell phone dies when I transfer a name, they get snippy with me even tho I can't control what someone else's cell phone does. I know society get stressed at work, but is this acceptable? Am I close to getting fired?I was placed on a temp assignment a few weeks ago that pay pretty correct money 16.hr, an office cubicle job.Last week I received a call upon for a counselor opportunity.My Degree is in the Behavioral Science, and this is the perfect opportunity, that I hold been looking for.However, I don't want to lose my current job, but I took rotten yesterday to go to traffic court, plus,my supervisors aren't giving me work, I'm sitting at work basically adjectives day,while other people are working, next my supervisor is coming my cubicle every hour asking me stupid stuff, like do I have a ruler, or can I assist him with his computer, plus my supervisor isn't really responding to me when I ask her for more work, am I being permit go? Should I quit?what should I do Am I getting rewarded correctly?I'm from Australia and I've started a new job as a 'receptionist' at a college. The role is more detailed than newly reception, I'm 22 and have 4 years of experience in department management and business admin. They said I will be on the award for the first three months (I'm yet to find an award near this amount on it) and then they will decide what my wage is base on how I go. Also, it takes me 7 mins to obtain to work and today I was asked to go to another campus 2 hrs away for the daytime. I was looking for a change but not the "You're a 16 yr out-of-date trainee" type change. Please help, your facilitate will be rewarded with 11 points. Am I going something like this duty check out adjectives wrong?I have been looking for almost two months immediately to find a job. I've sent my resume, by email and by fax, to over 30 prospective employers found via the Fourth Estate and internet. I've applied at retail outlets, restaurants, and customer service sectors in the nouns I live in and as far out as 30 miles away. Why can't I find a job? My mother is of the assessment that something on my resume is undesirable to potential employers, but I don't know what that something could be! This is what I normally include on my resume: -my positions as a Pet Care Lead at PetSmart (6 months), a bartender at Red Oak (6 months), a server at Steak n' Shake (8 months), and as a summer volunteer at the local Animal League (4 months) -my large school graduation and classes taken there -my ongoing college teaching and classes being taken -my personal skills with computers, animals, etc. -my low-level proficiencies near foreign language I even make a cover communication specifically tailored to every application! Am I hired?Am I hired? She called me 2 hours after i dropped of my resume,she tried to contact me at two numbers sent an email,i called her she asked me some question,she told me come in for an interview,and testing,she sent an application within the email it said be prepared to set up payments,this is very odd exact i always wanted to work for this company,do you really estimate i am hired why or why not Am I human being paranoid?Hello All, I work as an administrative asst. for a firm located in the Wall Street area of Manhattan. Unfortunately, I am markedly unhappy here because I find myself bored outta my mind on most days with nought better to do to kill time than get on the internet. But because of the recession we're suffering through right presently, I am waiting until the end of the summer to search for something hot. However, while I was bored today (yet again), I went to Craigslist.org to check out the postings for the administrative assistant positions. I found one that mentioned every single job that I do here + the office was located surrounded by the same area as our bureau. Do you think I'm being paranoid or should I ask my supervisor around this? Thanks! Am I individual unprofessional?ok so I have been at my brief for 2 months. I work at a community college. I work part-time as an office assistant. I don't resembling it at all. In fact, I loathe it at hand. It is just a bunch of tedious, mind-numbing work. The pay packet isnt that great either. So I figure I am unsatisfied and I am not doing anyone any favors by staying so I submitted my two weeks notice today. But the beginning of Fall semester is around the corner. I know it's almost to get super-busy. By me leaving I will leave your job them short handed. But I can't stand it here another minute. I will go crazy if I stay. Am I person unprofessional? Am I just about to be Fired?I have been working short a contract for the past 6 months. Friday evening my department has a discussion, after my boss meets with the VP of the Company, more or less concerns that we may have ideas for doing very well and stuff like that... my boss looks over at this one lady and asked if she have to do my job and her job does she suggest it would be to hard. i was sitting right in attendance.. thinking to myself what the heck.. so now i'm wondering ARE THEY ABOUT THE FIRE ME?... should I go ahead and start looking for work else where on earth? Am i person underpaid at work?Well i have an Associates Degree in Business. I am 20 years prehistoric and have about 3 years bureau experience. At my last job i be making about $11.11 an hour but now i am making $10.25 and hour even after working for an entire year at my current opportunity. I work for a cabinet company in Washington State and mostly my job have to do with printing orders, entering information on database, assembling, and confirming our company is delivery the right material we ordered. It is a full time job and at times i enjoy to stay late just to finish a day's work. So what do you guys cogitate should i start looking for another job that pays higher? FYI the unsullied minimum wage in WA is a little above $8.00 an hour presently. Am I reading too much into this?I have been at my unmarked job for about 3 months. I relish it and everything, its just I feel nearby are different rules for the others than me. There are only 5 of us in the company I work for. 2 bosses, 1 accountant and me and another man who aren't bosses or anything. I enjoy an hour for my dinner, but everyone else seems to do what they want, I follow all the rules so i dont catch into trouble, but they ave like 1 1/2 dinners and go out whenever they want for breakfast and progress to the gym! The other man is no higher than me, but he is related to the boss. Am I reading too much into it,I just dont devise its fair that I bust my *** trying to get to work on the dot and they do what they want-go on internet at work and stuff! (I know I am but its the first time) Am I required to excise employee's automobile allowances?I am in the process of attempting to automate our expense reimbursements. The old means of access, I used to cut a separate check for all expense reimbursements (such as cell phone expense or any other expense incurred by an employee) and attach the expense check to his or her paycheck. I have very soon begun adding the expense reimbursements to the employees' web pay. The only expense I own not done this with yet it automobile allowances. I am not sure what the levy laws are on this type of expense. Are monthly automobile allowances/automobile expenses for employees who use their vehicle for work supposed to be tax, or can I add them back to the employee's lattice pay? If it helps, I am within North Carolina. Am I responsible for duties not done by a troop applicant?My boss stresses the team thing and cross-training, but when my co-team beneficiary (the receptionist) gets behind, I'm expected to abet out, and generally I'm fine with that as things do inevitability to get done. However, when she's consistently 5-10 mins. late surrounded by the morning, I'm held responsible for making sure the switchboard is turned on simply because I start 30 mins. earlier. This is just one article that drives me crazy most about being on this squad, and picking up the slack from a lazy team contributor who is babied just isn't right. Am I roughly to be fired? First undertaking after college, but not my first charge ever!?I do not get respect on the job, and I devise it's because everyone knows that I am fresh out of college. I have have other jobs before, within offices, this just happen to be my first one when I was not also going to school. 1. I am mortal reviewed every 30 days it seems 2. my boss rarely consultation to me, and jokes around with other individuals who are in our small department. 3. I get the standard feeling my boss doesnt like me or respect me 4. Every report, email, I distribute out is scrutinized for the smallest error, and if I do make an error it is documented. 5. My sucesses are not notice. But my errors sure are. 6. my boss recently got an attitude next to me in an email, and tried to act approaching they were kidding in the order of it when I Cc'd their boss on my calm reply to it. 7. My boss is not approachable for help, and is discouraging me from asking other general public in my department for help, and just after I make a mistake, asks me why I never came to them for assist. 8. I can no longer trust anyone in my dept. Am I stupid to dislike this post? Is something wrong beside me?I landed a job almost 2 months ago with a large corporation and the wage is very nice. I currently have my A.S. level and will have my B.S. in December. In the recent past I have held several positions where I be the manager or coordinator over different departments. Currently I am an administrative assistant and I never do anything! It is simply driving me crazy! I come in at 8 and play around on Y!A? until lunch, after I go to lunch, come back and play around more. The most confrontational thing I do all hours of daylight is set up conference calls for people or rob a contract from one floor to another and back for signing. Needless to say I'm foreboding a little like a trained chimp here. I would step up and ask for more responsibility but the detain is I'm pregnant and am not going to be coming back after December. Am I crazy to LOATHE my job? I do nil and it pays so well! Is there anything I can do to eliminate the boredom or should I suck it up for the next few months? I'm going crazy! Am I supposed to net a cover missive?I'm emailing a staffing firm to apply for a job that they are recruiting for. What would I say aloud in a cover letter? Am I too stout for the department?I have just get a new job as administrator and PA to a director.However I am finding it markedly difficult to manage.I have be out of work for 9 months after a difficult year when my father died and I split up with my Husband . I am ashamed to say I immediately have a BMI of 49.I find it difficult to move about,I acquire out of breathe even trying to wash in the shower is a taunt .I can't find clothes to fit me and I am shy about going to the hair dressers. My tentative job is demanding both intellecually and Physically and I am happy they give me the chance and saw beyond my weight. My alien boss has just refered me for a robustness review after just three weeks in post. Should I try and tough it out and hope everybody will kind allowances for the way I look and act.I don't reflect they can fire me now because I could sue them for discrimination.But surrounded by my heart I know that I am probably a liabilty at the moment,and it is only going to get worse as I acquire older. What should I do? Am intuition feed up near my existing charge as I worked like career for more than 10 years, is it fluent?Am feeling fed up next to my existing job as I served the same undertaking for more than 10 years is it natural and/or shall I look for other job eventhough my present employment is not bad but for a change! dispense me ur sincere opinion Am returning to admin/clerical pasture; on which types of job should I focus?After several years as a substitute teacher, I want to return to a permanent admin/clerical position, of which I hold plenty of experience. I have taken a computer class, familiarizing me near Word, Powerpoint, Excel, but I'm not an expert yet. Which jobs should I aim for, and can I revise the Microsoft programs more in-depth on the job? An member of staff impression somewhat too much at home?This young woman started working for us 4 days ago and already she has directions from Amazon delivered here, she has personal call coming in...and yesterday she had flowers deliver to her here. Lets say you're management, how would you switch that one? And what would this mingy? exactly?"Thorough training of in-house systems provided." what so do they give a physical package or a party comes in to actually train you? which one? Thanks adjectives. Annoyed beside my boss?so my boss attended a meeting last week contained by switzerland, i'm here in the US. He is chairperson of the committee and i got to do adjectives the planning as far as booking hotels for about 25 people, planning a cocktail reception both sunday and monday, plus dinner monday and breakfasts for 3 days. I own to say this isnt the easiest thing to do when you're surrounded by another country and there is a language balustrade. i went back and forth near the hotel a lot over email, and spoke to them about a cocktail reception monday dark with dinner afterwards. Of course there be a mixup and the place thought they just wanted a cocktail reception beside no dinner. My boss said something to me about it today. I forwarded him the emails i had which clearly stated we needed cocktails and dinner. Im just annoyed with how he asked me roughly speaking it...plus, he told me 2 years ago i could attend this event, then took back what he said, and i enjoy yet to ever get to progress to this, yet i plan all these things. Anonymoysly report sexual stalking, how promising he would acquire fired?I have been continuously stressed out by a guy at work. Simple friendly conversation has turned into asking me out, flirting with me, getting uncomfortably close to me. I've tried describing him to stop. He is BEST friends and VERY close to all the supervisors and managers and in that is no doubt in my mind that if I be to report him, absolutely nothing would be done. I've have this job (job itself is great) for 5 years and it's a specialized field so it's not as if I can in recent times up and go somewhere else and I shouldn't have to. Our company have an online system where employees can anonymously report anything specifically not right to upper level regional management. I wouldn't own to enter any identifying information. Just the situation. My question is do you conjecture that this would make them get rid of him? There are other girls I work near going through the same thing next to his guy so he wouldn't really know which of us reported him. Anyone with HR experience that could answer would be great. Anty Administrators out within?Ok would you reccomend office work to anyone? I love being on the computer so I be thinking maybe going into office work. Would you reccomend it to me? I enjoy applied for an appreticeship in Administration Any Admin. Asst. Jobs contained by L.A., S.Fernando Valley, California?Hello, I am an experienced Administrative Assistant. I have been one for nearly 3 years, surrounded by addition to a lot of other clerical and admin. related job. I am currently working on my bachelors degree in business administration. I am a really great employee but am not at all content with my job currently. I am doing 5 job total: receptionist/office supply, set up interviews and maintain employee calendar, coordinate and see through adjectives employee events/luncheons, AND am the administrative assistant to the VP maintaining his calendar, reminding him, running errans, etc. I am doing adjectives of this and at my 90 day review, instead of a raise, they give me a $4 dollar pay CUT. I feel resembling they are using me and I am not at all being compensated. I really want a unmarked job where I am appreciated and compenstated fittingly. Any one have any leads or anyone entail a personal assistant? Let me know, thanks. 818-876-2045 or gemarionpapas(a)yahoo.com Any administrator out in that?What is your role in the office...? Do you relish your work?Is it difficult? Any AEAP member or former member - how do you use your benefits?Just curious if anyone feels this is actually a benefit or not. Please, if you don't know what AEAP is, consequently you don't need to answer. Thanks. Any budy know nearly alfuttain companoy a prevailing companoy surrounded by dubai?i am working as an electrician in oman.now i try to budge dubai and working their i hear about alfuttain but i dont have their trellis address Any counsel?what would you do if one of your boss is making a pass at you? i am very irritated beside the situation because i don't like it and it makes me massively uncomfortable. i've been trying to avoid any conversations beside him and it's been really hard to do that specially that he IS my boss. Any direction on how to settlement beside "department politics"?i just started a new errand and it is in an office environment. In the few weeks that i enjoy been there I own already noticed alot of certain cliques, groups, gossip etc. I wanted to know if any one has any proposal for me on how to deal with ceratin "bureau politics"? My own advice would be to just preserve to myself rather than become too friendly and then hold problems with someone but i also don't want to seem snotty by keeping my distance from population? any advice? More Administrative Job questions please visit : JobQnA.com

JobQnA.com

Tax Tips for Writers & Authors

Author: Stephen Nelson

Source: download



Sometimes, another writer, upon learning that I'm both a book author and tax accountant, asks me for the best ways that authors can minimize their income taxes.
If I can, I try to weasel my way out of the discussion, offering up such basic tidbits as, "Well, be sure to look at the home office deduction." And "do use a basic accounting program like Quicken or Microsoft Money so you capture all of your writing business expenses."
Usually, those simplistic answers work. Usually, after dolling out such drivel, the guy waunders off to get another drink and more appetizers.
Everyone once in a while, though, I encounter some writer who's really motivated to save on taxes. Usually, someone now making good money writing... When I can't deflect their questions in some other way, I tell them about the three best ways that authors have to save on taxes.
Technique #1: Smooth Your Income
Whatever you think of the US Internal Revenue Code, you need to know that it's quite progressive. That progressivity means the more you make, the more you pay. The progressivity also means that if your income fluctuates, your income taxes go up even if you make the same money on average as someone else makes whose income is steady.
To give you an example of this, suppose that you compare two writers, John and Jane. If John makes a steady $60,000 a year and has a mortgage, a spouse and couple of kids, he might pay about $1000 over four years (net of tax credits such as for children.)
In comparison, suppose that Jane averages $60,000 a year, but sees her income fluctuate between $30,000 a year and $90,000 a year. She still makes $60,000 a year on average. Yet if she also has a spouse, two kids and a mortgage, she'll probably pay $8,000 to $10,000 in taxes over those same four years.
Please note that over the same four years, then, the two writers make the same amount of money: $240,000. But what they pay in taxes differs radically. Jane pays eight to ten times what John pays! Yikes!
What can Jane do? Well, let's bring this back to the example of working writers. Jane can probably rather easily smooth her income. She can make sure that she's not stacking two big advances in the same year. She can spread out advance payments over two or more years. She can even try to stuff more of her expenses into the good years. In the good years, for example, she can buy new computers, take those graduate classes, or top off her pension.
Technique #2: Setup an LLC and Elect S Corporation Status
I've written and talked much about how S corporations save taxpayers money and how the right way to set up an S corporation is first create a limited liability company and then ask the IRS to treat the LLC as an S corporation for tax purposes.
Let me review the basics here again, however. Suppose that you're making $90,000 a year as a writer or author. If you just treat your writing business as a sole proprietorship, you might pay $12,000 in income taxes on the $90,000 and then another 15.3% self-employment tax, or roughly $13,500, on the $90,000.
If you set up an LLC and have the LLC treated as an S corporation, you'll still pay the same $12,000 in income taxes. But you'll only pay the 15.3% self-employment tax on that portion of the profit that you categorize as wages. If you categorize, say, $30,000 of the profits as wages, you'll pay $4,500 in self-employment taxes. (The other $60,000 in remaining profits, by the way, gets paid out as a dividend-like "distribution.")
Using these example numbers, then, you would save about $9,000 a year in employment taxes by using an S corporation.
Two quick points about S corporations: First, S corporations require some extra tax and accounting so you don't get to spend all of your savings. Some of the savings go to the lawyer, the accountant, and the bank. Second, you absolutely must set your salary to a reasonable level.
Technique #3: Relocate Your Residency
One final, easy planning gambit. Remember that there are states like Alaska, Florida, Nevada, Texas and Washington that don't charge residents state income taxes. Accordingly, if you relocate to one of these states, you'll automatically drop your overall tax bill because you won't have state income taxes.
One of the benefits of writing is that you do get to live wherever you want. Why not choose a place that doesn't tax your writing income?
But a caution: Do be careful that you don't get blindsided by the other taxes a state levies. For example, Washington state where I live charges a four-tenths of a percent excise tax on royalty income. This is still a lot lower tax rate than high tax states like California or New York charge writers. Which maybe explains why during the technology boom in the 1990s many computer book writers making high six figure and low seven figure incomes moved to the Seattle area.
Washington State LLC formation expert Stephen L. Nelson CPA has written more than 150 books. Formerly an adjunct tax professor at Golden Gate University, Nelson is also the author of Quicken for Dummies. Copyright 2006 by Stephen L. Nelson, CPA.

Ever Question An Arizona Attorney?

Author: Terry Detty

Source: articlerich.com



There are some Arizona tax attorneys who are always available to answer the queries of the taxpayers who are bugged with the disputes over their annual taxes. Here are among the common questions posed by the taxpayers as they get the chance to confer with the Arizona tax attorneys.

What is will happen in the event of an unfiled tax return?

Unfiled tax returns only signify one thing—and that is being in real trouble with the Internal Revenue Service. If for example you owe IRS some taxes for about ten years, then they will compute it all. They will try their level best to reach you through your old address. If in this event you have moved out of the country and once you come back, IRS will go after you demanding your dues for your taxes in the entire year of your absence.

When such case arises, you know one thing for sure. You know that you can be condemned for tax evasion. This is a crime which is punishable by the law. IRS will be very religious in sending you reminders. At one point, these reminders will become unfriendly and you will just be shocked to receive a Notice of Intent to Levy all your wages and assets.

Does it mean trouble for the unfiled tax returns that date way back?

It is in fact very much complicated if your unfiled tax returns trace to at least six years backwards. It is so because the files are kept in storage and it will need enough concerted effort to locate those records. An agent will need to browse through all of the kept files to be able to gather them all. You can just imagine how difficult it could be if your unfiled tax returns date back to some more years back in time.

What is meant by wage garnishment?

With the term wage garnishment, it means that a levy is imposed in another method. This method is concerned with the manner of collecting the back taxes which a taxpayer owes the IRS. With regards to the IRS attacks, the words levy and garnishment mean the same thing. The typical targets of the garnishment are your bank accounts and wages but the rule may also apply to the seizure of your furniture, equipment, your home, your vehicles, and you're other valued possessions.

Is any bank permitted to turn over an account to IRS without the concerned party's consent?

When IRS imposes a levy on your account in the bank, your bank is legally bound to turn over whatever amount is in your existing account. It does not regard the fact as to whether it is your own money or not or where you got your money. Keeping those monies in your own account is enough justification. Most people keep direct deposits for the Social Security, pensions, child support, and many others but then the IRS does not consume time to locate the source of the money. At the time when the money gets deposited in an account which is under your name, it automatically loses its own identity.

When will these levies on the bank account be stopped?

In comparison with the wage garnishment, a levy in your bank account will only happen once. Meaning, the next batch of money that gets deposited in your account will solely be yours again.





Terry Detty recommends this Phoenix Arizona Licensed Family Mediation and Phoenix Arizona Estate Planning Last Will and Testament . More services offered are Phoenix Arizona Bankruptcy Lawyer .

Subject to IRS Wage Garnishment Or Court Order?

Author: Irene James

Source: ezinearticles.com



Have you afresh accustomed advice to the aftereffect that you could be accountable to an IRS allowance garnishment or a cloister adjustment to abstain your pay? Here is some information

This usually comes in the anatomy of a cloister adjustment afterwards either the IRS or addition being has sued you for money owed and won. When it comes to the IRS, their ability to adornment your accomplishment is bound up to 25% of your disposable earning of a accurate period.

From time to time, assertive individuals acquisition out that they owe the IRS and due to one acumen or another, may be clumsy to pay in a appropriate fashion. This armament the IRS to seek a cloister adjustment to "force" the being to pay up.

One of the credibility we acerb acclaim is that if anyone owes the IRS, to try and admit acquaintance and plan some array of arrangement. The IRS has a lot of accoutrement and assets at its auctioning to abetment humans who owe back-taxes. They can either reschedule the payments or plan out a transaction plan to get you bent up.

The IRS does allowance garnishments as a endure resort. Before they use this a lot of feared tool, they will accomplish several attempts to acquaintance you mostly by mail. As we mentioned, the IRS does acquire transaction affairs if some basal advice is provided. This advice includes the allotment filed till date. This is filing that states that although you do owe aback taxes, your exact banking cachet has been declared to the government.

While ambidextrous with the IRS, you accept to acknowledge all your assets which cover all cash, coffer accounts, investments, etc. This is an honest attack to appearance that you do not acquire abundant banknote accessible to pay the IRS. Details of all blockage accounts, accumulation accounts, money bazaar accounts or allowance accounts should be acutely disclosed. The IRS aswell checks to see whether the being is in a position to borrow the bulk owed to the IRS. Addition breadth they analysis is the retirement accounts to see whether these can amuse the bulk owed.

Let us allocution about the absolute garnishment. In an absolute IRS garnishment, if the bulk owed is beneath than 25,000 the IRS admiral do not handle the case. The way the IRS computes the bulk to be busy is by artful the aberration amid the assets and the expenses. This is the bulk that the IRS administration needs for the approval of the tax dues. The IRS has already pre-determined how abundant the account costs are for a lot of humans accustomed a academic situation. This way, they apperceive how abundant to abstract after necessarily causing a banking hardship.

The IRS makes use of a anatomy that the alone signs. This is a banking appraisal anatomy that tells them what your all-embracing account costs are. If the being runs a business, again a banking appraisal for the business needs to be completed as well.

After bushing out this appraisal form, the IRS again begins the garnishment action and this may aswell cover penalties and absorption on the bulk outstanding. This may eventually advance to a beyond payout bulk than antecedent anticipated.

Irene James is a consultant who speciallizes in court orders find housing and she recommends how what to do if you are subject to IRS wage garnishment or court orders.

Government Loans And Why You Never Default!

Author: Julia Tanner -

Source: articledashboard.com



There are many types of government loans out there - loans to go to school, to start a small business, and even to buy a house. It is considered a social service for the government to provide funding and financing to certain people in the community. World War II started the onslaught of social service programs to aid the people of the country. As time as gone on, these programs have been expanded considerably, much to the delight of the people they are helping. However, before anyone takes out government loans, it is important to understand exactly what they are getting into and what will happen if they default.

It is important to note the difference in government loans as opposed to conventional loans. For the most part, conventional creditors are limited as to what they can do to you if you default on a loan. This varies from state to state, but in Texas, a creditor must sue you to get any relief and, even then, most of your personal property is protected as well as your wages and retirement accounts. While some other states allow creditors to garnish your wages, this is fairly uncommon.

This is very much not the case when it comes to government loans. In fact, if you default on a government loan, there is little they can not do to you, short of throwing you in jail. They can and will garnish wages, seize income tax returns, and levy property, because, as the government, they have the right to do so.

It is also interesting to compare the two and their differences in a bankruptcy scenario. While the bankruptcy code is anything but simple, in layman's terms, most debts receive no protection under the bankruptcy code and can be wiped out or discharged under the right circumstances. However, this is not the case with most government obligations. For example, student loans are explicitly not dischargeable in bankruptcy, nor are tax obligations. For this reason, if you were to default on a student loan, you could seek relief in the bankruptcy court, but ultimately would receive none. You would be forced to pay the loan back or risk a great deal of grief for not doing so.

Government loans are not something to be toyed with. An increasing number of students are attending college on student loans issued by the government. However, special thought should be given to decisions regarding borrowing in the form of government loans.

Debt Questions & Answers

Author: creditfaq

Source: articlesbase.com



Anyone apperceive of any lender that borrows to individuals abreast abortive credit? I , akin so masses ancestors get amidst by debt up?to my aerial during my adolescence to admonition my ancestors and now i alarm for to yield out a accommodation to accomplishment my allegation but i accept be beneath loans everywhere...please advocate Anyone own any acquaintance abreast something abutting to this?I begin out today I'm accepting sued by an aged acclaim agenda aggregation for a debt that was in absoluteness my ex-husbands. Doesn't bulk admitting because individual my name be on the annual so it is my problem. The annual was accessible in 1998. The creditor is gluttonous a acuteness adjoin me, I do not accept the money to take-home pay, it was not my debt, I am on job accident and am a abounding time student. Obviously I cannot allow an advocate to admonition me accord with this and I own no abstraction what to do. Any toughts? Suggestions? Anyone see "Maxed Out", the ablaze documentary that rips acclaim agenda companies apart?I'm told Dave Ramsey is in it. I've not see it. America has a clearly absolute debt botheration so this cine interests me. Anyone see these debt lawyer?A brace of canicule ago I asked if Hunt writes off acclaim agenda debt and advertise it to debt buyers. Several said yes. There are attorneys amidst by Deerfield Beach Florida who accept gotten hundreds of acumen adjoin humans beside acclaim agenda debt in baby claims and ambit civilian cloister amidst by Florida in contempo years. Their abode is JP Morgan Chase, Acknowledged Dept., 1191 E. Newport Center Drive, Suite 101, Deerfield Beach. The name I accept begin are Peter Jay Solnick, Philip A. Orsi and Lisa Dolin Eiss. How can I acquisition out if they absolutely are alignment of Hunt or if they just use Chase's identify. The buzz bulk they use, 954-571-2517 seems to accord to Chase. Of advance it is accessible to adore a bounded bulk that rings in a absent location, alien to the sightseer. It is aswell accessible to use Chase's abode to attending added official. Anyone own admonition on this accurate accumulation and whether they are in actuality debt buyers or plan on some affectionate of arrangement on commission, or what? Anyone use a debt solutions company?if so which one? what was the outcome? and be it annual it? thanks! Anyone use Coffer of America's Apple-pie Sweep Accommodation to abetment beside debt?I accept abundantly of acclaim agenda debt, anyone use Coffer of America's Apple-pie Sweep Accommodation to get out or at atomic accessible HELP get out? I'm falling at the rear on payments & it feels akin I'll never bolt up. Or would I be bigger accomplished its sell-by date calling the agenda companies & allurement for help? Would the assemble lower payments for me? I don't wish to alarm & backpack yelled at. I'm fatigued affluence as it is. Applying for a acclaim card?I wish to administer for a acclaim agenda to authorize acceptable credit. I am young-looking, accept affluence of money to bulk my bills, and alone wish one for the SOLE purpose of architecture credit. There's no wish to acquaint me it's a abortive idea---I am not acquisitive and I accept see humans my age advance action problems from acclaim agenda debt. Don't worry, that will not be my attenuated road. All I wish to apperceive is which companies are the affliction and which are the best for a aboriginal timer! Applying for a creditline increase?My catechism is that I wish to consolidate my absolute 8000 debt assimilate one acclaim agenda by allurement for an access amidst by my lower APR acclaim agenda which is 5.99%, but they accumulate abstinent it. They advance adage I authority too abundant revolving credit. If I adjustment one of my lower acclaim card, which I am about to do anon for in the adjustment of $4000, and ask for a acclaim access will they accord it to me? Aswell if I amends off adjectives the 8000 debt and ask for an increase, will the acclaim agenda companies accord me the access appropriate away? I've accept these acclaim cards for about 4 years now. I afresh never accepted acclaim increases. Applying for acclaim for bout transfers?I accept a co-signer who accept bright credit, and I wish to abandon up a acclaim agenda or two to alteration my animated absorption cards. I allegation to actual up about $13000, and I'm apprehensive what the best action is as far as accepting this abundant credit. Should I try to move adjectives my debt to one card, or breach it over a few cards. Should I just aggrandize up a agenda with no adherence transfers at first, or try to move as abundant debt as accessible to one agenda if I apply? Are affiliated acclaim agenda absolution holders in allegation for debts afterwards dematerialization of foremost ancillary holder?My grandmother has 3 acclaim cards beside me on them jointly. (I adore a agenda with my accustomed name on them is what I mean.) But the accounts be opened aural her name, and she added me to them. She is amidst by poor bloom actual soon, and I am borderline if I will be answerable for the debt on these cc's if she canyon on. Meaning that, will the acclaim agenda companies be sending me a bill afterwards her afterlife and will I absolutely owe them money?Sorry for the poor wording, this is difficult to describe. Hope it fabricated faculty to someone... Are at duke home loans for a acclaim baronial of 405?Me and my fiancee are accepting affiliated in may. we be acquisitive to buy a abode but i anon begin out his acclaim score..and im appealing abiding abundance isnt adjectives that abundant either. The saddest fragment of it all is he isnt even amidst by debt all that abundant anew by 12,000 or a lil more. anyhoo im just wonderin if theres some abode to budge to that casework in ohio that would possibly do a loan. We entail a additional chance! Are answerable dried or bankrupt acclaim cards still advised revolving debt if applying for a mortgage?I ask because I was apprehensive aback they are no best widen it would be resonable to accept that they are no best revolving right? I would aswell like to apperceive if answerable dried and bankrupt acclaim cards that no best accept payments bulk into your debt to assets arrangement if you are applying for a mortgage? Are acclaim agenda debt advised accounting or advancing accounts.?I reside in Illinois area on apple the statute of limitation is 10 years for accounting accounts and 5 years for advancing accounts. Which one do acclaim agenda debts topple under? Are acclaim citation agencies competent to actuate what debt is outstanding on acclaim cards?I am in the action of demography out a mortgage beside my bounded coffer but am anxious this will be alone due to outstanding debt on acclaim cards. I am acquainted that acclaim acknowledgment agencies acclimated by the banks are competent to analyze what acclaim cards and loans an appellant currently has, but are they competent to affirm what acclaim has be acclimated (particularly with acclaim cards) and what debt accept been run up? Are debt collectors or creidt agenda companys competent to hunt debts if anyone beside debts amidst by uk moves in a adopted country?I Owe American Express 7,000 pounds if i move away do you reacon they be able of clue me down and inforce the debt away using the legel arrangement of that country articulation spain for example? Surly if my friends/family do not acquaint the agenda issuler or debt beneficiary whihc country i move to it will not be so simple for them to clue me down. even if they beating at my aperture they will absolute hes confused away but not acknowledgment the country itself. Are debt alliance websites bound and can agreement your debt consolidation?I am planning to consolidate my bills which way you appraisal is the best? I allegation everyone's accommodate a duke thanks! Are debt agreement companies acknowledged and worthwhile? Does anyone authority any acquaintance next to them?I accept this will authority an appulse on my acclaim score, but from what those companies detail me, they are able to cut aback outstanding acclaim agenda debts by 40%+. Is this accurate or too acceptable to be true? Are in that any online debt alliance casework that are worthwhile?Are there any debt or acclaim agenda alliance casework that are unproblematic to use and defended and annual the time? Are in that sources out adjacent who accommodate claimed loans if you've book for liquidation?If yes, could I get the name(s) of these companies.Also:1) Do they allegation you an inital levy?2) I'm not searching to get into accomplished debt again. Just a abate accommodation to apple-pie up some debt not covered through the collapse and that I will be able to allow to acquittal aback annual defective digging a aperture for myself. Are Mercers duplicate as Mercer & Hole, Northampton?In an beforehand interview, it was assured that Mercers, the debt accumulating bureau are one and analogous as Mercer & Hole. They are not. Mercer & Aperture (M&H) and Mercers are absolutely unconnected. M&H are a close of accountant accountants, who arise to accept an alignment in Northampton. Their defalcation administration at duke helps chase who accept debt problems to acquisition a address through their difficulties. Mercers are the debt accumulating arm of Barclaycard. Barclaycard are aswell in Northampton. Mercers abide to advocate the creditor, Barclaycard, get their money pay for from the debtor. The two organisations accomplish on absolutely altered abandon of the 'debt fence'. Are Robinson Way and co uk debt collectors competent to trace indigenous accumulation aborad from the uk?i Owe 7,000 to nawest coffer aural the uk even if i move away i don'nt analyze they can inforce a uk ccj in addition country Are the physically possible.com or thecreditcoach.com acknowledged and certified debt headship companies ?are the after-effects and the cadre trustworth? Are their loans accessible to pay envelope bad debt to be absolute already amidst by collections?Has anyone been sued by a Accumulating bureau for acclaim agenda debt? If so how do you about-face about administration this? Aswell I reside amidst by PA. Are aural any programs that advocate citizens who don't authority austere acclaim attain out of debt faster?I see alot of the acclaim counseling and debt alliance ads on tv and the internet, but to me it assume these ads aloof ambition humans who are archival due, in collections and adore creditors calling them. None of that is the case for me. I accept never be backward paying bills, nor do I authority any bad after-effects on my credit. All I accept almost is too abundant debt, and I'm aggravating to bustle and get rid of it! Can anyone extend any info? Are you aural debt?It seems a lot of of the UK are up to their close in it if you accept the statistics As a blow of character breaking and entering, do I own to abetment a accumulating bureau amidst by the case to bright said debt?A accumulating bureau has provided me next to an ID Theft Affidavit which has an elbowroom that asks if I'm accommodating to abetment amidst by the case of the being committed the fraud. I adore no abstraction who it could own been but it took abode independent by MD and I reside in CA. If abreast is a prosecution, I don't wish to be hassled abreast it. I alleged the accumulating bureau and they access they will not bright the debt if I do not assist. Can they do that? I don't apperceive the laws accompanying to this stuff. I've be aggressive this accumulating bureau for the bigger analysis of 2 years and it seems they are competent to behest the action afterwards accept to be accountable by regulations or acceptable judgement. Can anyone amuse abet!? Asset Acceptance LLC advocate please?!?Has anyone anytime heard of or accord with this company. they are amid independent by warren Michigan. Once or alert a year they forward me a celerity cogent them I owe for an accomplished buzz bill from 1998. I accept that I did owe on that bill and my buzz be shut off. But that be so continued ago. times accept age-old and I accept confused on to a altered city. I arise to accord to the aforementioned buzz aggregation anon so how can I still owe on a debt and accord to the aforementioned exact buzz company? also, wouldnt the buzz aggregation NOT admittance me accept a latest annual beside them if I owed so much? Could this aggregation alpha demography money out of my coffer or accessories my wages? Im afraid. Everyone says artlessly avoid them. Also, whenever they carriage me a letter they wish me to assurance up abreast some acclaim agenda aggregation with them and achieve for partially the amount. does this complete for a time funny for a debt accumulating bureau or what? I apperceive i accept accompany that accomplish bright to me they owe bags to debt collectors and to just abase it. Allegation admonition amuse Associated receivables?Anyone anytime dealt abreast this aggregation before? I accept a repo 7 years ago with Ugly Duckling, And didnt bulk it off because the car was buzz goods, and fell afar afterwards 6 mo.s. Associated bought the debt from the avoid afterwards it was accounting sour, and approved to beef me with an attorney. If I answered the derrogitories they abdicate afflictive me, in the arena of 6 months ago. I wish to achieve this, but would like to acquiescence about 10% of the debt to settle. Any suggestions? I acknowledge the admonition out in mortgage. At what point is too masses acclaim cards? acclaim to debt ratio?iv heard that accept too abounding can aching you..wht # is too heaps? over 10? what if i accept 3 revolving accounts and i dont use the rest..i apprehend the abeyant debt on my banned is fruitless... and again the whol acclaim to debt ratio.is it bedevilled to abortion if my one agenda is about maxed...and added hav no balances? im askinf actualize i wish to administer for a new agenda beside greta offers Average bulk of debt for ruin?at what bulk somebody should alpha cerebration about collapse? Aback amidst by July of 2006 i be sued by advocate alive for a acclaim agenda agency?for an old acclaim agenda debt..i go to baby claims area they access a acumen adjoin me...which i adore been paying until december as i go into the hospital...so i could not forward them the abounding bulk but i remunerated them as abundant as i could..they beatific me a letter saw they could adornment my allowance $200 a ages if i didn't carriage them a assertive bulk by Jan 20. My bedmate does not work, i abutment him 100%. (He can't plan about because of Immigration laws at this time, cat-and-mouse on INS paperwork)I'm afresh apprehensive is there annihilation we can do to stop this?as college than this bill we aswell now authority $10,000 additional of hospital/doctor billsin the memorandum, they said something about a garnishment aural range..does that beggarly i adore a appropriate to appearance up and avert myself and explain to the canyon acumen the situation? Added Debt questions amuse appointment : Credit12345.com

Credit12345.com

Spanish Mortgages - Frequently Asked Questions (FAQs)

Author: Mark Mountney

Source: articleage.com



At Rose Financial Services, being recognised as a specialist mortgage brokerage and independent financial adviser, we receive enquiries from people from all walks of life. And it is no surprise then that the volume of enquiries sees a repetition of requirements.
The following guide has been produced to answer many of the standard questions that clients ask of Rose FS on a day to basis with regard to raising a mortgage secured on a property in Spain. It is in 3 parts, so make sure you collect them all to provide a broad based understanding of how mortgages work in Spain.
1) Are 'Interest Only' mortgages available?
Yes, and the term for the 'Interest Only' (IO) period ranges from 1 year to a full term of 25 years. However, the schemes offering longer term IO (10 to 25 years) are far more restrictive than those for shorter terms (1 to 5 years) as the Spanish lending market has yet to adjust to the British way of thinking in this respect.
After the initial IO period the mortgage automatically switches to a Repayment or Capital and Interest type for the remainder of the mortgage term. For example, if a mortgage is arranged over say, 20 years with an IO period of 2 years, from Year 3 the mortgage will switch to a Reapyment over the remainder of 18 years. The rate of interest will still be the same i.e. annually fixed, but you will be asked to start repaying the capital as well as the interest.
At this stage, we have various choices open to us and it is a good idea for you to review matters with Rose FS;
i) Allow the mortgage to transfer to a Repayment type and start to repay the capital. However, this is not always good IHT planning (see Question 2) below).
ii) Ask the bank to extend the IO period. There is no guarantee that they will allow this but market conditions then may make them find in your favour.
iii) Consider a remortgage and switch to another lender. The downside to this, of course, will be the costs attached in doing so. It is therefore important to consider your long term requirements when planning the detail of your mortgage
2) Why would I want an 'Interest Only' mortgage as opposed to a Repayment (Capital and Interest) mortgage?
The mental approach to this is different than the normal rationale applied to borrowing in the UK. The benefits are often very different;
I) In Spain there is a 'sleeping giant' of an issue which most home owners are simply unaware of: Inheritance Tax (IHT). Go to Question 12) for a guide to this VERY IMPORTANT issue.
It is so important that any property acquisition in Spain cannot adequately be considered unless this subject is understood.
Ii) Interest rates for mortgages in Spain are low by comparison to the UK and, in most cases, the capital and income employed to either meet interest payments or repayments emanates from a ฃ income or capital base.
That being so, there is a benefit to retain as much capital as possible in ฃ and invest it for a higher return. For example, even cautious investment into a deposit account can generate an interest rate return of 5% as at the date of writing. With an average Euro mortgage rate of say, 3.5% the net return is at least 1.5% per annum. Over a standard term of 25 years, that will gross up to 37.5% of capital employed. If the mortgage is for €150,000 by way of example, that equates to a massive extra income of €56250 or approximately ฃ40,000.
Iii) Interest paid is normally allowable against income received for the purpose of calculating Income Tax. Therefore, the longer an IO period is run, the greater the interest paid and hence, the tax saving. Remember, that there is also an added income via the reduction of capital employed as mentioned above.
Iv) There is a potential exchange rate risk in holding an asset (your Spanish property) in a foreign currency (Euros) against the natural income and capital base (normally ฃ for the majority of our clients).
Therefore, by keeping the liability (your Euro mortgage) as high as possible for as long as possible, there is an offset which can mitigate against negative exchange rate movements.
3) What is the normal interest rate payable for a Spanish Euro mortgage?
Rates are normally set against the European Central Bank annual rate (Euribor) or the Spanish Cajas rate with a margin and re-fixed annually. This helps cash flow projections. It is often common to see a discount offered for the first year.
Hence, the current first year rate will range from sub 3% for low IO terms and Repayment mortgages. For longer IO periods a premium is charged by the lenders, so that the average rate will be circa 3.3% to 3.6%.
4) What documents do I need to show?
ID. Passport and either a
Residencia Card (for Residents) or an
NIE (ID number for Non Residents). Rose FS will assist in arranging any NIE needed.
Proof of Income Pay slips x 3 months
P 60
Pension Letters
Rental income contracts
Tax Assessment (Self Employed)
Trading Accounts (Self Employed)
Accountant's Statement of Affairs (Self Employed)
Bank Statements x 3 months (for all bank accounts, UK and Spain)
Existing mortgages x 3 months statements
Remortgages Existing Escritura
Original Compraventa (Purchase contract)
Recent valuations
Quotations for any works being financed or property being purchased
Latest existing mortgage or loan statements being consolidated
Purchases Compraventa (Purchase contract)
Property details
Solicitor contact details
Estate Agent details
That all sounds a lot but, in most cases, many of the documents will not apply.
Also, Rose FS need only COPY documents and not the originals. However, the original passport, NIE or Residencia will be needed at the legal completion of the process.
The application process can be actioned from a distance via post, fax and e mail. You do not physically need to meet a mortgage adviser and we will complete the process of determining your needs by phone.
5) What are the costs of arranging a mortgage?
Arranging a mortgage in Spain is slightly more expensive than in the UK and broadly you should allow 5% of the mortgage amount needed as follows;
1% Lender fee
1% Rose FS fee (minimum €1,000)
1% Notary/Registration
1.6% AJD Mortgage tax
0.15% Valuation fee Up Front
€300 Booking fee Up Front
As you can see the only monies needed by Rose FS to apply for the mortgage are the Valuation and Booking fees. All other costs are due at completion and will be deducted from the mortgages advance over the new current account with the lender.
6) What is the cost of repaying the mortgage early?
Redemption penalties, as they are formally called, are relatively inexpensive in Spain. The norm is for 0.5% for partial repayment and 1% full repayment. However, a common ploy in repaying a mortgage is never to redeem it in full but to leave a small balance outstanding.
7) Do I need to use a specialist Spanish and English speaking solicitor?
For Remortgages, where you are switching lenders, or simply releasing capital/equity from your home or debt consolidating, no! The process is relatively simple and does not warrant the extra cost of using a solicitor.
However, for a Purchase, using such a professional is STRONGLY recommended. Rose FS will happily recommend a firm.
8) Do I need to be in attendance at legal completion of the mortgage and/or purchase.
The short answer is no, although this is always recommended.
The legal completion is known as 'Notarisation' as the relevant deeds or 'escrituras' will be executed by a Notary. He or she will be a government appointed officer with the authority to witness and sign legally binding agreements.
If you cannot or do not want to be in attendance at the Notary it will be necessary for a 'Power of Attorney' agreement to be given to a trusted third party. Rose FS will happily act on your behalf although, for Purchases, we would request that your solicitor act for you. Also, for Purchases, a 'General Power of Attorney' is recommended as this gives much broader powers (for example, to open and run a bank account) rather than a standard limited power.
9) Do I need a Spanish bank account for a mortgage?
Yes. All banks insist on opening a Current Account to sit alongside the mortgage in order to receive monies in and pay the mortgage.
As part of the process heading towards Notarisation, you will need to execute the account opening forms. The sooner this is done, of course, the better.
10) Are their any mandatory or suggested insurances for a mortgage?
Yes. The only mandatory protection or insurance policy required by all banks (and this is the same in the UK) is Buildings Insurance. All banks will want to see this in place and will even insist upon arranging it themselves.
In addition, it is STRONGLY recommended that all mortgages are protected by a) Life Assurance and b) Income Protection to ensure that the mortgage and underlying asset, your home, is adequately protected.
You will not want to buy a property and only lose it from an accident , illness or disability beyond your control!
All Rose FS clients will be interviewed by our own Independent Financial Advisor in this respect.
11) What if my income is low or I cannot prove my income?
This is not an uncommon problem but there are normally aways around the issue and requirements of the lender.
Lenders look at 2 risks when determining whether a mortgage application is acceptable to them;
i) You and your ability to meet monthly mortgage payments.
This translates into a) the credit worthiness of the applicant (the lender will run checks) and b) provable, regular income.
ii) The Property.
This translates to a) the percentage they lend you against the valuation that they will carry out and b) the property state, type, etc.
For the Self Employed proof can sometimes be difficult because a good Accountant, in preparing the books of accounts, will try to keep net profits and hence, tax as low as possible. However, the combination of the latest books, Tax Assessment and a Letter of Comfort or Statement of Affairs from the Accountant, with sight of recent banks statements, will normally do the job.
If your income is low still, or because of a low wage, pension, rental or investment income, we can look to use a third party (normally a working child, sibling or parent) to add the weight of their own income acting either as a co-applicant on the mortgage or as a 'Guarantor'. Again, they do not need to come to Spain to execute any legal documents; this can achieved via a Power of Attorney from a distance. Rose FS will arrange this.
It is important to mention two things here;
i) The co-applicant(s) is at risk, as are you, if you do not keep up the repayments of the mortgage. That needs careful explaining to them.
However, often, the addition of a Guarantor actually diminishes such a risk as mortgage payments can be normally extended over a longer period, especially where the majn applicants are elderly.
ii) The Guarantor does NOT need to be added to the property deed. In other words, the ownership of your property need not be undermined by you using a third party to financially support your appllcation.
12) Am I too old for a mortgage and what is the maximum term to repay?
Many elderly clients think they are too old to apply for a mortgage, despite the fact that maximum age for repayment is 75. This is not so.
By using a third party to either come onto the application or to act as a Guarantor (as above) the emphasis of the lending assessment of risk is taken away from the more elderly applicants to rely on the added third party (normally a child).
This is often good Inheritance Tax planning as any debt outstanding on a death reduces the tax payable.
So, if you are in the position of 'wanting' or 'needing' access to some of the capital locked into your home, or wish to buy and are worried about either age or income, this option has to be considered.
13) Do I need to be worried about Spanish Inheritance Tax?
Worried, no! Concerned, yes! Understanding the issue and how to overcome it is more than half of the battle!
The vast majority of people that buy in Spain, especially the British, make an assumption that the IHT regime in Spain is the same as in the UK. This is simply not so. It is massively different and to understand a) the issues and it's potential impact on you and your family and b) how it is so easy to address, is a danger to say the least!
The primary differences between Spanish and UK IHT regimes are threefold;
i) There is no spouse exemption on the family home
ii) The IHT allowances lie with the beneficiary(ies) and not the deceased
iii) The standard personal allowance in Spain is just €15,958 versus ฃ275,000 in the UK. A huge difference.
The effect of IHT means that, as most people buying in Spain are non- resident for tax, the risk of having to pay IHT is high.
However, IHT is levied on the 'net worth' of the recipient and the benefit being received, so by keeping the mortgage at a high a level as possible, the taxable exposure is reduced. A Repayment mortgage decreases over time which has the directly opposite effect of increasing IHT exposure.
Even if the preference is for a Repayment it is wise to consider IO as an alternative for the IHT mitigation as above, and indeed to consider as long a term as possible, perhaps by bringing would-be beneficiaries onto the mortgage so that they, in turn, can benefit when the property passes to them on death of the current owners.
There are various routes to resolving the problem or IHT mitigation that can and should be considered;
i) Maximise the Interest Only mortgage (as above)
ii) Effect Life Assurance (normally Whole of Life). This is normally written in Trust in favour of the end beneficiaries not to not avoid tax but rather to make sure that funds are available to meet the tax bill.
iii) Add beneficiaries to the property deed. Because tax is calculated according to the distribution of the deceased's share of the property (or other assets) and the classification of the beneficiaries, it can make sense to add the beneficiaries early so that each person has a smaller share and, hence the tax exposure reduced.
The issues arising by doing this though are several;
i) By changing the owners of a property there may be a Capital Gains Tax payable. So timing is important.
ii) You may not be comfortable in gifting part of your home away, even to your children! Having said that the concern could be overcome, at least to a degree, by taking a 'General Power of Attorney from them so that control lies with you. But these powers can be cancelled at any time so you need to be comfortable with whom the arrangement is made.
Finally, it is critical that your effect a Will here in Spain. This is because there is a default mechanism that will decide the fate of your estate if you die without one. That could mean that people may benefit in a way that you had not intended! Rose FS will recommend a solicitor to assist.
I hope that this FAQ series has been useful. However, if you have an enquiry of a different nature please do not hesitate to contact us.
Mark Mountney is a partner in Rose Financial Services, a specialist mortgage brokerage and Independent Financial Advisor based in the Parque Comercial, Mojacar. He is a fully qualified mortgage and financial adviser in the UK with some 10 years experience in managing his own firm. Mark was also a founder of The Association of Mortgage Advisors, the trade association for mortgage intermediaries with 13,000 members.

Deciding Whether A Payday Loan Is Right For You

Author: Martin Sumner

Source: articledashboard.com



Payday loans are often touted as a quick fix for a bad financial situation, letting you bridge the gap between running out of money and your next wage or salary coming in. The basic idea is that you can borrow a small amount of a few hundred dollars for a short period of a week or two, and repay the debt next time you get paid.

This sort of service can indeed be very useful if you've run out of cash for living expenses, or if you're faced with an unexpected bill or expense that you simply can't cover when you need to, but are payday loans always the good choice they're presented as?

First, we'll take a look at the undeniable advantages of these loans, before looking at the disadvantages, and possible alternatives you may be able to use if you decide a payday loan isn't right for you.

The lending criteria for payday loans are very generous indeed, and almost anyone who's employed and has a suitable bank account will likely be approved. This means that even people with terrible credit ratings should be able to get a payday loan, despite being rejected for nearly any other form of finance.

They are also easy to arrange, and you can often get the money in your account in a matter of days. Some lenders can even arrange an overnight transfer of the loan straight into your account the very next day, which is obviously very useful when you need cash in a hurry.

Finally, once you've been approved for your first loan, it's usually a very simple matter to 'refresh' your loan again if you find you need to make use of the facility if funds are again short in the future.

There are, however, two major downsides to payday loans which you rarely see mentioned in the advertisements and web sites promoting them. Firstly, they're very expensive compared to other forms of credit. Because the term of the loan is so short, a fee of 20% of the amount you borrow - which is about standard - will work out to be an eye-wateringly high APR.

The second problem is closely related: because they're so expensive, you can easily be left short of money the next month once you've cleared the loan and paid the fee. In this scenario, it's just too easy to refresh your loan again to cover the shortfall, resulting in more fees, and a never ending cycle of borrowing.

So, if you decide that a payday loan isn't a good choice for you, what alternatives do you have? The first one is making use of a credit card, if you have one. While credit cards are usually also pretty expensive forms of finance, they do allow you to spread the debt over a number of months rather than needing to be repaid straight away along with a fee.

Many bank accounts now offer an overdraft facility, which can also be used to cover a short term lack of money. The interest rate on an agreed overdraft is likely to be better than that of a credit card, but your bank may not approve your application. Beware of going ahead and overdrawing without your bank's agreement, as the charges they will levy in this case will be very expensive.

If neither of these options is available to you, and you have no other way of getting hold of money such as borrowing off family, then a payday loan may be the best option. Just ensure that you use it properly, and heed the warning sign it's giving you about the longer term state of your finances.

Tax Debt Relief - Negotiating With the Internal Revenue Service - IRS

Author: Michael Kraemer

Source: ezinearticles.com



As anon as we're able to use acumen and argumentation in our thinking, we're accomplished that it's never a acceptable band-aid to run from our problems. The best admonition teaches us to face our problems abrupt through resolution. This action is abnormally important if adverse your creditors, abnormally the IRS. In today's bread-and-butter climate, creditors are active assault down doors aggravating to get audience to accomplish acceptable on abaft balances. The IRS is one of the bigger accepted creditors to millions of humans so this commodity is traveling to accommodate some complete admonition on ambidextrous with the IRS for accomplished due tax liabilities.

For every getting cogent you to face your debt problems arch on, there are 100 attorneys aggravating to argue you to action the IRS to get a bargain obligation. You accept to abide these vultures and stop aggravating to get out of your obligations and responsibilities. However you begin yourself in a aperture with the IRS, it's acceptable that you're alone amenable for the situation. Don't chase any mis-guided, cocky motivated admonition of active and ambuscade abaft copse and about corners. The acceptable account is that the IRS is not about the barbarian they've been fabricated out to be. That myth, image, and misperception is abundantly the albatross of acknowledged ambulance chasers alarming you abroad from ambidextrous with the IRS anon and abacus absonant fees to your already intolerable debt.

I allege from all-inclusive experience. I've had to accord with the IRS for contributed tax obligations several years of my business life. All my own doing. The IRS didn't tax me any abnormally than the next guy in my situation. I aboveboard and arrogantly abandoned some of the debt I was axle up until it bent up with me. I did all the amiss things at first. I assassin attorneys, tax consultants, and one of the bigger IRS debt agreement firms in the US. You've apparent their commercials all over your TV.

When all the attorneys and tax consultants were finished, my tax debt was beyond and I had added bags of dollars to my debt in acknowledged fees. Not to acknowledgment my acceptability with the IRS apparently attenuated as getting addition capricious aborigine demography advantage of all the conveniences taxes armamentarium and aggravating to abstain paying his fair share. I assuredly said enough. It was time to yield the accepted balderdash by the horns and yield ascendancy of the bearings myself. I accursed everyone, best up the phone, and started with the 800 amount listed on the IRS website. And appropriately began the broad-mindedness to the errors of my antecedent ways.

My simple ambition was to accommodate a transaction plan that I could reside with because the ones that the attorneys formed out for me were not feasible, accustomed my banking situation, unless I awash a lot of of my acreage and bought a tent. The aboriginal abettor I talked to, although affable and able-bodied intentioned, wasn't abundant advice in blurred my payments. Albeit beat with the aftereffect of the conversation, I was abundantly afraid at how acquisitive the IRS was to allocution to me and try to plan things out. The alarm concluded afterwards abundant change in my claim plan. Then I abstruse my next admired assignment in ambidextrous with the IRS.

After advertent the alarm for a few minutes, it occurred to me that the abettor I got if I alleged was, of course, random. There accept to be bags of these agents that handle all the calls advancing in from taxpayers. And I wondered if they were accustomed any adaptability in ambidextrous with the calls. I didn't anticipate about this too continued and artlessly best up the buzz and dialed the 800 amount again. Of advance I got a altered abettor and proceeded to explain the aforementioned affair I did to the antecedent agent.

She was even added affable and if I explained my banking situation, she went a few circuit with her calculator and came up with a account transaction that was about bisected of my accepted plan. I about fell off my chair. She still had to get her administrator to accept the lower transaction and put me on authority for a few minutes. If she returned, and I quote, she said "well, my administrator is in a bigger affection than me" and told me the lower transaction had been approved. I was numb.

So, you see, humans are humans and rules are alone guidelines. Even if it comes to the animal IRS beast. They're active block the taxpayers ambuscade abaft copse and about corners. Can you brainstorm how abounding humans alarm THEM to plan out a plan afore they accept to adornment accomplishment or abode levies? Be one of them. You'll feel bigger about yourself and you'll abate the accent of active from your problems. And afterwards you plan it out with the IRS, alpha on your account of added creditors. They're acceptable to abate your accountability if you plan out a plan with them, abnormally the acclaim agenda companies.

Michael G. Kraemer is an entrepreneur and motivational speaker. Visit his affiliated Debt Consolidation website for tips and advice on negotiating with creditors to reduce your debt and or monthly payments.

Irs Installment Agreements

Author: Larry Weinstein, CPA

Source: articledashboard.com



So you find yourself with an IRS debt and you don't know how to pay it back.

Installment agreements are perhaps the most widely used method for paying past tax debts.

If you cannot afford to pay your tax liability in full, the IRS may enter into an installment agreement with you.

This will allow you to pay off your tax liability through monthly payments or installments. Installment agreements may pay all (full pay) or part (partial pay) of your past tax liability.

If you cannot pay the amount you owe within 60 months, you must file Form 433-A or 433-B. The IRS will analyze these forms and use the information to determine the amount you can pay.

The IRS has the discretion to decide on the payment amount and will usually, negotiate with you in food faith. The IRS will consider your financial situation and assets while negotiating with you. You will typically not be approved for an installment agreement if you have money or assets that IRS deems unnecessary to live on.

The IRS will usually inform you within 30 days whether or not your request has been accepted or denied or if any additional information is required to be submitted by you.

If the IRS approves your request, you will be required to pay a one time fee of $105.

Requirements for Receiving an Installment Agreement

? You must be current on all your tax returns.
? If self employed, you must be current on your quarterly estimated tax payments for the current year.
? If you have employees, you must be current on your payroll tax and Form 941 filings.
? You must make all installment payments on time.
? You must also file all tax returns and make tax payments including any estimated tax payments or Federal Tax Deposits during the term of the agreement on time.

Once you have been approved for an installment agreement, the interest and penalties continue to accrue on the unpaid portion of back tax liability throughout the duration of the installment agreement till you pay off your entire tax debt.

The interest is adjusted quarterly and combined with penalties, the rate is about 15% per year. In most cases, you could end up paying more than what you owed at the beginning. You will be charged interest and a late payment tax penalty by the IRS on the tax not paid by April 15th, even if your request to pay tax in installments is granted by the IRS.

Once you enter into an installment agreement, the IRS will suspend all collection efforts and will stop issuing wage garnishments, bank levies and notices. Depending on the circumstances, the IRS may file a Notice of Federal Tax Lien to protect its interest until you pay the liability in full.

Overdue Taxes? Act Quickly To Avoid Financial Woes

Author: Quentin Mitchell

Source: articledashboard.com



When your taxes are overdue, the Internal Revenue Service knows just how to make you pay up.

Each year, the IRS processes more than 200 million tax returns and collects over $2 trillion. Yet the agency is still owed billions of dollars in overdue taxes. As the major revenue collection agency of the federal government, however, there isn't much the IRS can't do to collect what is owed.

In fiscal year 2004, the IRS brought in $43.1 billion in enforcement revenue. It can use wage levies, bank levies or tax liens to get you to pay your overdue taxes. The agency needs only a judge's permission to seize assets when it involves a personal residence.

"A notice from the IRS is serious business," said Charlie Jones, executive vice president of operations for JK Harris & Co., one of the nation's largest tax resolution firms. "The IRS is a powerful law enforcement agency. Most enforcement actions concerning collection of taxes can be done without judicial review. The IRS' power can make life very uncomfortable for someone who owes it money."

Ignoring a warning from the IRS can be risky and expensive. It's important that taxpayers realize their liability can be solved, and talking with an expert is often the best strategy. Because penalties and interest add up quickly, the sooner you seek guidance, the better.

"We serve a lot of clients who have received a notice or intent to levy from the IRS," Jones said. "Many people come to JK Harris when the IRS has already started its collection process."

Jones said the IRS has several programs that can help people avoid further enforcement if they qualify. JK Harris works with its clients to see if they meet the requirements for these programs. The firm then handles all correspondence with the IRS and also develops and submits the client's case. When necessary, its staff of former IRS agents, CPAs, attorneys and enrolled agents attempt to negotiate the best and most favorable way of settling a tax debt.

IRS Gets Tough on Collection of Large Tax Debts

Author: James Coleman

Source: articleage.com



The Federal budget deficit is big and getting bigger. As you may be aware, our political leadership in both parties is not fond of cutting spending despite what they may say to voters from time to time. Since raising taxes is not popular, a decision has been made to get tough on the taxes that are owed to Uncle Sam. The IRS is now getting very tough on collecting tax debts. Enforcement Action is up and Offer-in-Compromise settlements are way down over the last few years.
If you or a client of yours owes delinquent Federal taxes, be prepared for a financial proctology if you want to set up a payment plan or settle with IRS for less than what is owed. An IRS Form 433A or 433F may be required for individuals and a 433B for business taxpayers. Many expenses claimed are subject to limits known as the "IRS National Standards." Get the current IRS standards from their website.
If more than $25K is due, the following documented proof may be required by IRS to set up a payment plan:
1. Three months of all bank account statements the taxpayer has in their name;
2. 401k Statements;
3. Three months of pay stubs or proof of year-to-date earnings and deductions;
4. Proof of monthly bills (rent, mortgage, utilities, childcare, etc.);
5. Paid medical bills and prescription drugs; and
6. Car note, car valuation, mortgage balance, insurance costs.
If you own property, IRS may require that you apply for a loan before they will grant you an Installment Agreement or Temporary Hardship. A loan denial letter might be required to be submitted to the Revenue Officer (RO) or to the Automated Collection System (ACS) representative working the case.
The best thing that you can do if you want to avoid being put through the ringer on providing financial data is to pay your balance in full or get it below $25,000 before it gets to an IRS collector. If you can get it below $25K, chances are you can get a "streamlined" installment agreement and only have to meet requirements to pay off the debt in less than 60 months.
Don't ignore any letters you get from IRS! Wishing the IRS will go away won't make it so. The good news is that IRS is still allowing folks a 120 day grace period to full pay. You must ask for it and all delinquent tax returns must be filed. In addition, no enforcement action can be in place at the time you make the request.
Ignoring the IRS or missing an IRS deadline will likely result in enforcement action. If the IRS garnishes your wages, the levy will likely not be released until a full financial statement is given, all delinquent returns are filed, and a resolution is agreed to by the RO or ACS. If your bank account is seized: barring an extreme hardship that can be proven…kiss the money good bye.
If you owe a large tax debt, get professional help. Hire a Certified Public Accountant (CPA), Enrolled Agent (EA), or a Tax Attorney who is familiar with collection cases. Don't hire some company that promises you that they can "wipe out" all your taxes, penalty, and interest just by signing their Power-of-Attorney. Make sure whomever you hire takes a complete financial statement from you. Without it, promises of what kind of IRS deal they can get you are probably bogus.
The IRS has a program to settle tax debts for less than what is owed, but only for those people who qualify. It is called the Offer-in-Compromise. Very few will ever qualify for an OIC. IRS is currently rejecting over 80% of the OICs it is getting. Even getting a payment plan is difficult if you have a large tax debt.
If you are dealing with a serious IRS problem, stay focused and don't get depressed. If you let a tax problem overwhelm you, then you are doing a disservice to yourself and your family. After all, it is only money. Before you call IRS: get your documentation together; prepare an IRS Form 433A, 433B or 433F and double check your figures. When dealing with IRS employees, stay calm and polite no matter how cold they might be to you. They have a tough job to do and have to follow the procedures they are given by IRS management. They are not bad people and neither are you. Good luck!
You can find help at the following websites:
www.irs.gov (Internal Revenue service)
www.naea.org (National Association of Enrolled Agents)
www.ascpa.com (American Society of CPAs)
www.nsacct.org (National Society of Accountants)
James Robert Coleman, E.A., A.T.A.
Enrolled Agent, Accredited Tax Advisor, former IRS Revenue Officer.
Member-National Association of Enrolled Agents & National Society of Accountants.
http://www.exirsman.com

Can the IRS Take My Pension?

Author: Darrin Mish

Source: articlerich.com



IRS Problems can cause you and your family a lot of stress. You have worked hard all your life to be able to have a nice home and car. Now the IRS is threatening to take this all away. You have received a notice from the IRS stating that they are going to seize your assets to pay off the back taxes you owe. Can they do this? Can they take your car, your home, even your pension?

The IRS can seize your assets to pay your tax bill but there are certain assets that are safe from the IRS.

1. Clothing and school books
2. Fuel, food, furniture and personal effects up to $2,500
3. Tools and books that are job related up to $1,250
4. Unemployment, worker's compensation, public assistance and job training benefits
5. Undelivered mail
6. Certain annuity and pension benefits which includes the Railroad Retirement Act, Railroad Unemployment Insurance Act, Special Pensions for Medal of Honor winners, and Retired Serviceman's Family Protection Plan and Survivor Benefit Plan
7. Certain service-oriented disability payments
8. Deposits to the special Treasury fund made by members of the armed forces and Public Health Service employees who are on permanent duty assigned outside the US
9. A minimum amount exempt from a levy on wages, salary, and other income

You will notice that on the above list it says "certain annuity and pension benefits." These benefits are not completely exempt from the IRS. Your pension may be at risk if you owe a large sum to the IRS.

The IRS will typically seize your assets in this order:

1. Bank and checking accounts
2. Cars, boats, airplanes, and other recreational vehicles
3. Cash value life insurance
4. Accounts receivable
5. Stocks and bonds
6. Wages
7. Collectibles
8. Investment and vacation real estate
9. Pensions, IRAs and Keoghs
10. Home

As you can see, pensions are low on the list.

When the IRS seizes assets, they only need enough to pay off your tax bill. Do not forget, however, that your bill has been accruing penalties and interest so it has been increasing daily. If there are no other assets available to satisfy your bill than the IRS can seize your pension.



Darrin T. Mish (http://www.getirshelp.com) is a Nationally recognized Attorney whose practice focuses on representing clients across the United States with IRS Problems. He is AV rated by Martindale-Hubbel and is a member of the American Society of IRS Problem Solvers and the Tax Freedom Institute. He has been honored by a listing in Martindale-Hubbel's Bar Register of Preeminent Lawyers. He can be reached at his website at http://www.getIRShelp.com

Help With Taxes - What Can You Do Yourself?

Author: Manuel Davis Jr.

Source: ezinearticles.com



Do I need help with taxes, or can I handle things on my own? This is a question that many people struggle with. Are you one of them? When it comes to getting help with taxes you need to know where to turn, what you can do on your own, and whether or not you are taking a risk and asking for more trouble. Do it yourself work is not a bad thing, but only if you are confident in your ability to move forward without making any mistakes.

Do not flatter yourself. You only know so much about taxes, and you need to draw the line where applicable. For instance, you may feel comfortable filing your own tax return every year. This is a good thing, and millions of people do this. But if you are not capable of anything in addition to this, you should not push the limits. For instance, if you currently owe the IRS and are looking at an Offer In Compromise as a form of settlement it may not be in your best interest to attempt to file an Offer In Compromise or Installment Agreement yourself if you are not sure of how to do this. In this case, hiring a tax professional would be in your best interest because they normally lead to better outcomes.

In general here are some things you should look to work with a professional such as a CPA, Tax Attorney, Enrolled Agent, former IRS agents or other experts:

1) Tax Audit - typically you want representation and expert help here in dealing with the IRS in this situation

2) Offer In Compromise - this form of settling for less is rarely accepted by the IRS and a professional can help increase those odds

3) Partial Payment Installment Agreement - requires clear financial disclosure which a professional can assist with

4) Penalty Abatement - Reducing penalties or Interest is not easy

5) IRS Installment Agreements Over $25k - If you owe over $25k in taxes, a professional is best to work with here

6) Wage Garnishment - often times you can resolve this problem yourself, but if you want to do it quickly it is best to work with a professional

7) Other Levies - this would include things like a bank levy, or a levy on wages (wage garnishment)

Can I learn to do everything myself? It all depends on how much time you are willing to put in. A lot of people take the time to learn about everything that has to do with their taxes as well as the IRS code. The more you learn the less professional help you will need. There are a lot of books and online resources that can teach you about taxes, the IRS.gov, TaxDebtHelp.com, and others. But remember, the statistics show that a professional will usually provide you with better results than if you tried to take on your State Tax Collector or an IRS agent yourself.

Stop by backtaxeshelp.com to receive help with taxes whether you want to try to solve your tax problem yourself or by using a tax professional. We are a site dedicated to helping individuals resolve their tax issues. Connect with an IRS tax professional and read lots of useful information about specific tax debt problems and the best way to solve these problems.

Personal Income Tax: All about the Tax Regime

Author: Article Expert

Source: articlesbase.com



Personal income tax is a kind of tax system that is imposed on the personal earnings of an individual. A person pays his/her income tax on the basis of his annual payment he/she used to get as the salary or wage. In a general sense, an income tax is a tax imposed on the financial income of an individual, people or other legal entities. A personal or individual income tax is levied on gross annual income of the individual with some permitted deductions. Personal income tax usually collected on the end of every year with small or no amendments in tax structure.Most income of an individual in UK is subject to income tax deduction under the PAYE scheme that's an expedient personal income tax collection process for the Government. If you have interest received, your tax is usually deducted by the payer. PAYE method of tax payment allows your tax payments to be made automatically from your salary package if you are in job sector, thus dropping the hassle of excessive individual involvement in taxation process. However, in a case if you are self employed you need to fill out a self-assessment tax return at the end of each taxation period.In case if your tax is overpaid you may get the benefits of huge tax rebates however you may also opt for other allowances which you may be entitled for, to save a considerable amount of money in income tax payments. Income taxes are paid by persons of UK on the basis of the annual income. Taxes money is spent in the development of the country in each and every field. Hence every person like as business man or employee pays their taxes to the government.In UK, taxable personal income of an individual is not the same as his/her total income lies since all the taxpayers are permitted to enjoy a definite amount of tax-free income sometimes called a personal allowance and some are entitled to various additional allowances as well. The amount of personal income tax levied on an individual depends upon your earnings and your monetary status as well as the type of income he or she is receiving.On the completion of your Personal Income Tax period, State income tax Office contacts your employer to arrange that you need to pay. In some cases tax could be deducted directly from your earned income after the completion of taxation period.

ATC Solution is a fast growing, dynamic firm providing professional and discrete financial services, Director Services UK and corporate income taxes. We are providing Personal Income Tax planning and corporate services to the customers.

Bailiffs & Council Tax - Knowing What To Do

Author: Michael Sherriff

Source: articleage.com



This article is about bailiffs who may call trying to collect Council Tax or Community Charge (Poll Tax) arrears. If a bailiff has contacted you to collect another sort of debt the law might be different.
Council Tax and Poll Tax are usually collected by private firms of bailiffs on behalf of your local council. They try to take your goods away and sell them, usually at auction, to raise money to pay the debt. The process they have to follow to say they want your goods is called 'distraining' or 'levying'.
From October 1998 bailiffs who call must be "certificated". This means they must have a certificate from the County Court allowing them to act as bailiffs. You can complain to the County Court about a certificated bailiff.
From April 1998 you should get a letter from the Council telling you how much you owe and warning you that a bailiff will call if you do not pay the debt within 14 days. It will also tell you who to contact at the council if you have a query. Contact the council and try to make an arrangement to pay what you can afford immediately. If the council agrees then they can stop bailiffs calling out and save you extra fees.
DO I HAVE TO LET THE BAILIFFS IN?
IF THE BAILIFFS HAVE NOT BEEN INTO YOUR HOME BEFORE TO COLLECT THIS DEBT, THEY HAVE NO RIGHT TO COME IN. THEY CANNOT BREAK IN. YOU CAN CHOOSE NOT TO LET THEM IN.
* DON'T open the door to them as they may try to push past you. If they get inside, they have a right to enter again and may break in to take your goods.
* DON'T leave windows open or doors unlocked - bailiffs can legally get in through these. Bailiffs CANNOT get the police to help them break in.
* BEWARE! Some bailiffs may leave you a phone number, and arrange to come round to 'have a chat'. Don't let them in, even if they say it's only to use the toilet or make a phone call.
* Bailiffs MAY try to break into sheds, garages, greenhouses etc., even though this is illegal. KEEP VALUABLES SAFE! They may be able to take cars, motor-bikes and other vehicles parked near your home.
* Politely but firmly refuse to let the bailiffs in. Offer what you can afford to pay. If the bailiffs accept your offer, ask them to return to their car, and go out and pay them. Make sure you get a receipt.
DON'T SIGN ANYTHING! If the bailiff leaves papers for you to sign and return, you do not have to do this. You don't have to sign agreements posted through your door either.
THE BAILIFFS HAVE ALREADY BEEN INSIDE MY HOME
THIS IS MORE SERIOUS. If you have let them in before, then bailiffs have the right to return to you home and if you don't let them in, they are allowed to break in.
* Contact the bailiffs straight away and make an offer to pay the debt in instalments. Show them a copy of your personal budget so they can see you are offering as much as you can afford. You will need to treat this as a priority debt as bailiffs could come back and take any goods they have listed if you don't pay. Get a receipt for any payments you make.
* Contact you council and ask them to take the debt back. Ask your local Councillor for help.
WHAT THINGS ARE THE BAILIFFS ALLOWED TO TAKE?
There are some things that the bailiffs are not allowed to take at all; such as goods that are rented or hired. The regulations also say that the following items are exempt and can't be taken:
* "Such tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation"
* "Such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family".
* This list is not very specific so you may find that bailiffs have a different idea of what items are necessary for you to keep and what can be taken. You can complain about what the bailiffs take if you feel the items should have been exempt.
CAN THE BAILIFFS TAKE THINGS WHICH ARE NOT MINE?
The bailiffs can only take things which belong to you and/or goods which are jointly owned by you and your partner. If they want to take goods that belong to someone else (your children, partner, lodgers etc.) explain that the goods do not belong to you. If you can, show a receipt or note as proof. The owner of the goods may have to provide a sworn statement in the form of a "statutory declaration" to say this is the case. They cannot take goods which are rented or hired. This includes goods on hire purchase agreements. Show them a copy of your credit agreement if you can.
WHAT IF I HIDE THINGS OR GIVE THEM AWAY?
If the bailiffs haven't yet been in, you can hide things or take them somewhere else. If the bailiffs have already been in, you are committing an offence if you remove goods that they have said they will take. You can hide them on your premises but the bailiffs can search for them.
BAILIFFS PROCEDURES
If the bailiffs are distraining for Poll Tax or Council Tax, there are certain procedures that they have to follow. They must have with them:-
* written authorisation from the council for them to call. They should show you this if you ask.
They must leave you a copy of:-
* the law setting out their powers and what they can and cannot do. These are the "Enforcement Regulations".
* the charges the bailiffs are allowed to make for each visit. You should check they have not added too much on to your debt. See the schedule at the end of this fact sheet.
* any agreement you have actually signed. This will be called a "Walking Possession" agreement and includes a list of goods the bailiffs have warned you they may take.
HOW DO I STOP THE BAILIFFS?
* You can try to make an arrangement to pay the debt back at a rate that you can afford. You can offer the money directly to the bailiffs, although it is easier to get them to accept your offer if they have never been into your home. Always get a receipt for any money you pay.
* Bailiffs cannot send you to prison. If the bailiffs have never been into your home and they will not accept your offer, all they can do is to pass your debt back to the council. It is important to make an arrangement to pay the council, or they may try other ways of recovering the money, such as taking money out of your wages or your benefit.
* If the bailiffs refuse your offer it is important to put the money you have offered aside so you can pay it to the council as soon as the debt is passed back to them. Write to the bailiffs and the council telling them you are saving the money up as the bailiffs have refused to take your payments.
* If you are on Income Support, Pension Credit or Job Seekers Allowance, some councils' have a policy for not using bailiffs and will accept an offer from you or agree to accept direct payments from your benefits. Ask your council if they are willing to take the debt back from the bailiffs so you can pay them directly.
* If the council won't help then contact your local councillor and ask them to take it up with the council for you. Explain what hardship you will be in if the bailiffs come to your home and take your belongings.
HOW DO I COMPLAIN?
The Lord Chancellors Department has issued National Standards for Enforcement Agents. These good practice guidelines set out general rules for how bailiffs should behave and what procedures they should follow. You can mention these standards in your complaint but the standards are not enforceable by law. We can give you details of the standards or they may be found at the Department for Constitutional Affairs website www.dca. gov.uk/enforcement/agents02.htm
GET ADVICE FIRST. Bailiffs law is very complex, and even if you think that what they have done is unfair, they may still be acting within the law.
* From October 1998 bailiffs have to have a certificate granted by a court to collect Council Tax. A complaint from you can help get the certificate withdrawn. Ask your local County court if they have a form for making a complaint. If not, write in to the Court Manager with details. The Court will hold a hearing and can cancel the bailiff's certificate, order compensation and order return of the goods. A bailiff can be fined for collecting without a certificate.
* You can complain to the Magistrates Court, and there have been cases recently where the debt has, in effect, been written off when it has been proved that bailiffs have acted illegally. This is done by making a complaint and asking for a hearing. The court can order return of the goods or compensation.
* You should complain to the council as the bailiffs are acting as their agent. They can ask the bailiffs to look at your complaint and change their procedures. If the council won't help you could talk to your local councillor who may be prepared to take your complaint up with the council.
* You can ask the local Government Ombudsman to look at your complaint if the Council refuse to help you.
BAILIFFS CHARGES
You may be able to complain about bailiffs charges. The amounts they are allowed to charge for council tax and poll tax are set out in the schedule on page 5. The amounts they are allowed to charge for council tax are set out on the next page in the schedule. There are lower fees for poll tax collection. These are shown in italics. If you feel you have been charged too much you can complain in writing to the Council and the bailiffs. You may be able to ask the County Court to look at the charges for you see below. Phone us for advice.
You can find out what is 'reasonable' by making enquiries on a local basis. For example, if you have been charged ฃ80 for attendance with a van, and local enquires indicate you could hire a van for a morning for ฃ40 this is clearly unreasonable, especially as it is likely that bailiffs will be visiting several properties at once, and many companies own their own vans.
In the first instance, complain to the bailiffs themselves. You can tell them you know their charges are excessive and that you will be taking further action if the charges are not reduced to the levels shown in the schedule.
* You can then complain to the council as the bailiffs are acting as agents of the Council. There have been recent cases that have been taken back in front of the Magistrates Court over these issues, with the result that the councils have been forbidden to take any further recovery action, or in other words, the debt has been written off. So it IS worth complaining.
* You can apply to the County Court for the costs to be checked. This is called "Taxation". The court can look at a complaint within 12 months. They will decide if the charges are excessive or not. There is a fee to pay to the court for this application. If the court decides not reduce the bill at least 20% you can be liable for the bailiffs firm's court costs. You need legal advice first.
USEFUL LINKS
The Secretary
Association of Civil Enforcement Agencies
Kensington House
33 Imperial Square
Cheltenam
Glos
Tel: 01242 241456
Website: www.acea.org.uk
The Secretary
Enforcement Services Association (ENSAS)
(formally The Certificated Bailiffs Association) Ridgefield House
14 John Dalton Street Manchester M2 6JR Tel: 0161 839 7225
Website: www.bailiffs.org.uk
Local Government Ombudsman (England)
Millbank Tower
Milbank
London SW1P 4QP
Advice Line: 0845 602 1983
Monday to Friday 9.00 am - 4.30 pm. Website: www.lgo.org.uk
There are 3 Local Government Ombudsman offices for England. Please contact the advice line to check where to send any complaint.
Local Government Ombudsman (Wales)
Derwen House Court Road Bridgend
CF31 1BN
Tel: 01656 661 325
Website: www.ombudsman-wales.org
Author: Michael Sherriff
After writing 100's of articles relating to UK Credit and finance Michael has also written a book that blows away the myths surrounding UK credit repair. A number one seller in the UK called "UK Credit Secrets 2005 Edition". This book can be found at UK Credit Secrets