Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Having successfully claimed against Smile for over £4k I'm now tackling other institutions. Because of my bank charges, I was over my limit and direct debits weren't paid out. One of those was my council tax!
The situation I am in now is I owe the council £888 for missed payments and the remainder of the year, however this has now been refered to the baliffs and they have added almost £300 on without even visiting. My call to them yesterday was to request a Breakdown of these charges, however I was told they had already been sent to me and my number was taken for the baliff to call me. He did so while I was at work and becuase I wanted to get him off the phone, I agreed to pay off £400 this week, £400 next month and then the remainder in Jan.
My question is, if I was to pay the £888 to the council and then write to the Baliff saying my debt has been cleared with the council, can I then ask for a breakdown of their charges and then dispute them in the same way I did with the bank.
Please help me as I am loathed to give these opportunist b@stards money for not doing anything.
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
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1,908
Re: Defaulted on Concil Tax due to bank charges
I personally wouldn't give the baliff any money whatsoever. Use the council's online paying-in system, or use a paying in slip, or write a cheque, take it to the council's tax department, give it to a senior member of staff and make them write out a receipt for you. Payments made to baliffs for council tax have 'gone astray' before.
If I do that, what then happens to the amount the baliffs have added on top?
I tried to pay over the phone but they refered me to the baliff. If I pay online, the payment can not be rejected so I have cleared my debt to the council but not the baliff.
Is this something that has been done before or just an idea?
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
Posts
1,908
Re: Defaulted on Concil Tax due to bank charges
People have paid online before and reported success, yes. Search this forum for the thread.
As for baliff charges, follow the link I posted above to Zooman's post and decide how much of those charges are fair based on what type of baliff, what type of visit, etc. Then write to the baliff quoting the acts featured and what you should be paying, and offer this amount instead. Copy in the council with that one, they need to know if their agents are overcharging.
Number 4, Stygia Avenue, Hell...come in, we have beer and Pringles.
Posts
1,908
Re: Defaulted on Concil Tax due to bank charges
Husbandkhan, will you Please Please stop posting the same link over and over in every thread? If people are interested in your thread I'm sure they'll find it. Reading it again and again is giving me a headache
In relation to my outstanding balance of £1,107 (of which £888 is due to the council for unpaid council tax), I am hereby requesting a full and complete Breakdown of charges that have been levied upon my account and all other information you hold on me under Section 7 of the data protection act.
I believe that the charges levied are extortionate, and if they are not in line with the charge schedule laid out from October 2003 I shall be making a formal complaint to the council as you are acting as agents of the council. As such you will have a certificate granted to you by a court to collect council tax, and if I find that you are acting unlawfully I am sure the relevant authorities would be interested.
With regards to the £888 owed to the council I shall be making payment direct to the council before the end of the month. I politely request that all actions be placed on hold until I have received the information I have requested.
I look forward to receiving the information I requested within the next 40 days, if I do not hear back from you within 40 days of receipt of this letter I shall consider this matter closed and no monies will be owed to you.
Yours Sincerely
xxxxxxxxxxxxx"
They aren't going to get a penny more than they can legally from me that's for sure.
Just an update for information purposes. Received a response about 2 weeks after that lett offering to reduce the amount I owed to £39 as a gesture if goodwill! but no information regarding what I had been charged and why. except for a £150 charge for van fee, 10 minutres after I had called them and offered to pay in 3 instalments!
So wrote another letter and copied in the council and three associations I found on the national debt line website. Basically saying thanks but why did you charge me so much in the first place, now explain yourselves you thieving b**tards!
No response so far, all gone very quiet considering they were acting within the law!! Oh and just so you know the company is in question is
Shhhhhh, it's all gone very very quiet out there with CER. I'm now going to turn the screw and contact the council to find out what is going on and demand that some action be taken against these theiving b@stards.
Anyone have any ideas? Do i contact the council;, my MP or what?
Defaulted on Concil Tax due to bank charges
of these charges, however I was told they had already been sent to me and my number was taken for the baliff to call me. He did so while I was at work and becuase I wanted to get him off the phone, I agreed to pay off £400 this week, £400 next month and then the remainder in Jan.
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