Hoping someone can help.

I was in a payment plan for paying council tax

- missed one payment so the whole amount was due

- I managed to pay it all off directly to the council.

However, shortly after paying it off in full.

I received a letter from the bailiffs warning about an enforcement visit and adding £75 to my outstanding amount (the total amount included £300 (the final payment of council tax).

I logged into my council account and balance was £0

I assumed that there was a cross-over

- I left a phone message with the bailiff explaining it had all been paid and also sent an email to the council and the enforcement company.

Heard nothing more, until I returned home to find a letter from the bailiff demanding £75 + £235 for a visit = £310 in total.

Can they do this?

Are they allowed to add charges to their fees.

At a push I would pay the £75, but the £235 seems silly as they were trying to collect a debt under an order that was already paid.

The council have confirmed I owe them nothing and say the fees are a matter between me and the bailiff.

What do I do??

Ok. One important question. Did you pay it all off to the council BEFORE they passed the outstanding amount to the bailiff? Did you get a notice saying the council was gaining a liability order?

You need to post a bit more info so we can advise. If the bailiff is acting correctly then the fee's are correct and they are allowed. If you made the payment after the bailiff came along, then you still need to pay their fees.

The council did get a liability order back in summer and I came to a payment agreement with them.

...but missed a payment by a few days so it all became due in November.

I didn't get an enforcement notice - although they claim they sent one.

I think by coincidence I paid the council a couple of days after it was passed to the bailiffs.

It was definitely all paid before the bailiff visited though.

I can possibly understand the £75, but not the £235 for the visit

- because the debt was paid before then and the council confirmed I owned nothing.

Could you answer the following:

What was the date of the Notice of Enforcement?

What date did you make payment to the local authority?

Have you approached the council to ask them to confirm the precise date that they sent your account to the enforcement company?

 

I didn't get an enforcement notice - although they claim they sent one. I think by coincidence I paid the council a couple of days after it was passed to the bailiffs.

Can you just clarify what 'enforcement notice' is it that you are referring to?

I paid the council on the 30th Jan..the day I got paid.

Having spoken to the council they say they passed it over to the bailiffs on the 23rd Jan and that I would have been sent an enforcement notice telling me about a £75 charge (this is the notice I'm talking about...the council called it an enforcement notice) around this date.

The only letter I have got is one advising me of a visit if the balance isn't cleared sent on 15th Feb

- at that point I contacted the council and the bailiff to explain it had all be paid off

- the council confirmed my balance was £0 with them...they did not mention £75.

Then yesterday I had a visit when out..adding £235 to £75.

So if what you say is correct, you owe the bailiff the 75 fee. The 75 was still outstanding after you paid the council, or the council would have split the money between them and the bailiff. You really need to get back on to the council and get detailed information

I owe the 75 but not the £235 as they should have not visited to just collect the 75?

What info do I need from the council?

They are just saying I owe them nothing and the fees are a matter for me and the bailiffs.

Thanks for all the help!

I paid the council on the 30th Jan..the day I got paid. Having spoken to the council they say they passed it over to the bailiffs on the 23rd Jan and that I would have been sent an enforcement notice telling me about a £75 charge (this is the notice I'm talking about...the council called it an enforcement notice) around this date.

 

The only letter I have got is one advising me of a visit if the balance isn't cleared sent on 15th Feb - at that point I contacted the council and the bailiff to explain it had all be paid off - the council confirmed my balance was £0 with them...they did not mention £75. Then yesterday I had a visit when out..adding £235 to £75.

You mentioned earlier that you had not received an 'enforcement notice' from the bailiff company. However, in your initial post you said the following:

However, shortly after paying it off in full. I received a letter from the bailiffs warning about an enforcement visit and adding £75 to my outstanding amount (the total amount included £300 (the final payment of council tax).

The notice that you confirm receiving is indeed the statutory Notice of Enforcement !!

Can you post back to let us know what date this notice was dated. Also, the notice would also of informed you of the date by when payment must be received (in order to avoid a personal visit...and with it, an enforcement fee of £235 being added).

No you owe the £235 as well due to not paying the £75 within the Compliance period ,

they called and added an enforcement fee to the £75,

looks like the debt had already been sent for enforcement so the fees are probably due .

You mentioned earlier that you had not received an 'enforcement notice' from the bailiff company. However, in your initial post you said the following:

 

However, shortly after paying it off in full. I received a letter from the bailiffs warning about an enforcement visit and adding £75 to my outstanding amount (the total amount included £300 (the final payment of council tax).

 

The notice that you confirm receiving is indeed the statutory Notice of Enforcement !!

 

Can you post back to let us know what date this notice was dated. Also, the notice would also of informed you of the date by when payment must be received (in order to avoid a personal visit...and with it, an enforcement fee of £235 being added).

Oh I see

- well that letter is dated Feb 15th

- it is the council who are saying there was a previous notice.

It just says notice of enforcement visit at the top and says I need to pay immediately the total outstanding plus £75

- of course at that point I had paid two weeks before (without the £75)

- so I phoned up and told them,

but they still visited adding a further £235.

Should I just offer to pay the £75 - what action can they take for the remaining amount? I read they could take a car, but I don't have one. The council have confirmed they won't take any further action as they have marked the debt as paid.

post 10 appear correct sadly.

dx

 

However, shortly after paying it off in full. I received a letter from the bailiffs warning about an enforcement visit and adding £75 to my outstanding amount (the total amount included £300 (the final payment of council tax).

 

I assumed that there was a cross-over - I left a phone message with the bailiff explaining it had all been paid and also sent an email to the council and the enforcement company.

 

Heard nothing more, until I returned home to find a letter from the bailiff demanding £75 + £235 for a visit = £310 in total.

Without knowing the background, it is very difficult to know whether or not you are liable for bailiffs fees.

As you will see above, your initial post does tend to indicate that you received a Notice of Enforcement (with a Compliance Fee of £75 being added) and that at a later stage, you then received another letter warning that payment would need to be made by 15th February. In that second letter bailiff fees of £75 plus £235 are stated as being added.

I would concur with BA that on the information posted it would look like the fees are payable unfortunately.

If it is the case that you made payment to the council direct (minus the Compliance fee of £75) then sadly, you may well be liable for the full fees as requested of £310.

It may assist you to read the following detailed 'Sticky' that I drafted for the forum that addresses this subject in more detail:

http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct

PS: I am shocked to see that this 'Sticky' has been downloaded from this forum almost 10,000 times !!!

Without knowing the background, it is very difficult to know whether or not you are liable for bailiffs fees.

 

As you will see above, your initial post does tend to indicate that you received a Notice of Enforcement (with a Compliance Fee of £75 being added) and that at a later stage, you then received another letter warning that payment would need to be made by 15th February. In that second letter bailiff fees of £75 plus £235 are stated as being added.

Sorry but I think you have misunderstood

- the letter I mentioned in the inital post is the same letter I got on Feb 15th

- just the one letter

then another that was hand delivered by the bailiff asking for £310.

There was just one letter in the post dated Feb 15th,

but I had already paid the council tax amount on Jan 30th

- hence I put "shortly after paying it off in full" There is not another letter

- does this make a difference?

So if I do have to pay and can't - what action can they take?

Court action to get their fees up to and including removal of goods. Although if youre employed they may go to court and get an AoE

As for the letter on 15 feb, what was it dated as on the letter?

Sorry but I think you have misunderstood - the letter I mentioned in the inital post is the same letter I got on Feb 15th - just the one letter then another that was hand delivered by the bailiff asking for £310. There was just one letter in the post dated Feb 15th, but I had already paid the council tax amount on Jan 30th - hence I put "shortly after paying it off in full" There is not another letter - does this make a difference?

 

So if I do have to pay and can't - what action can they take? Call again and try to get you to let them in to list your goods for a Controlled Goods Agreement, a bad idea to let them in, as then if you breached any agreement they could return to take the goods for sale and add £110 Sales Fee, plus any Storage fee incurred up to auction you could make an arrangement with them to clear the fees. Hide any car away from your property so they can't clamp it as well.

you posted:

"I paid the council on the 30th Jan..the day I got paid. They had passed it to the bailiffs 7 days previously on 23rd Jan at which point the £75 was payable. Had you known you could have paid the £75 on 30th with the balance.

Having spoken to the council they say they passed it over to the bailiffs on the 23rd Jan and that I would have been sent an enforcement notice telling me about a £75 charge (this is the notice I'm talking about...the council called it an enforcement notice) around this date.

As it was already with bailiffs the fees are payable, so no £75 the bailiffs made a visit to collect, this attracted the £235 Enforcement fee.

As for the letter on 15 feb, what was it dated as on the letter?

It was dated the 15th Feb.

you posted:

"I paid the council on the 30th Jan..the day I got paid. They had passed it to the bailiffs 7 days previously on 23rd Jan at which point the £75 was payable. Had you known you could have paid the £75 on 30th with the balance.

Having spoken to the council they say they passed it over to the bailiffs on the 23rd Jan and that I would have been sent an enforcement notice telling me about a £75 charge (this is the notice I'm talking about...the council called it an enforcement notice) around this date.

 

As it was already with bailiffs the fees are payable, so no £75 the bailiffs made a visit to collect, this attracted the £235 Enforcement fee.

I think that is what is so annoying - I would have paid the £75 if I had known...now I need to pay £310. Oh well - thanks everyone - not the answer I wanted but oh well

Just to be really certain, most councils have access to their contractors computer records and they should be able to tell you at a glance the precise date that a Notice of Enforcement had been sent to you.

In most cases, the enforcement company distribute the Notice of Enforcement within a day or so of receiving the electronic instructions from the local authority. In your particular case, with the council passing the debt over on 23rd, I would expect the NoE to be sent on 24th or 25th.

For accuracy, please do check with the council. Whilst on the phone to them...please ask them for confirmation of the date that they informed the enforcement company of your part payment.

5.—(1) The relevant stages of enforcement under an enforcement power which is not conferred by a High Court writ are as follows—

(a)the compliance stage, which comprises all activities relating to enforcement from the receipt by the enforcement agent of instructions to use that procedure in relation to a sum to be recovered up to but not including the commencement of the enforcement stage

Yes sorry , BN is right the above is the part which states he fee is due in its arrival with the EA.