Council have passed on debt to bailiff even though I still have time to pay them!

[vickym]

Hello

 

Firstly I'd like to hold my hands up and admit that I haven't paid my council tax bill for a few months. I changed jobs last year, realised too late into the first month of my new employment that my pay wouldn't be in my account in time for my council tax coming out, so, cancelled my direct debit before it completely wiped me out.

 

I know this was a rash move and I should have reinstated the DD straight away but I didn't. Always had other bills mounting up and so each month put it off. Very foolish indeed I know. Anyway that was last July. Skip forward to today and I have found out from the council (over the phone) that they have passed the debt onto the bailiffs, not only for the months between now and july but for the coming 3 months left of this tax year.

 

I've offered to pay the council direct for this years tax, in time for next years tax starting up again in april but they've said it's nothing to do with them anymore and it's a matter for the bailiff (who I haven't heard from yet but I'm sure it's only a matter of time).

 

The council passed the debt on last November with a whole 5-6 months left of this tax year. When I asked them why this was the case when i could still pay the full amount between now and april the only reply was i should have sorted something out with them sooner. They said I've had ample opportunity to respond to final demands from them but as I didn't this is now the consequence.

 

I know that I should have sorted this out sooner but I am still within this tax year to rectify the situation. However I'm now faced with having to deal with bailiffs who operate unlawfully, add on charges way beyond what they should and won't allow you to set up reasonable pay plans. I know this from past experience when a £75 court fee from an unpaid parking ticket escalated into an £800 debt according to the bailiff.

 

Where do I stand with the council on this? I feel they're not acting fairly in not letting me settle the debt with them instead of the bailiff, especially as I'm still within this tax year, but I don't know where I stand?

[Alphageek]

I don't think they can pass this to bailiffs without a liability order issued by a Court.

 

Have they issued you with a summons at all?

[vickym]

I don't know. I'll have to check my post. It's possible that I have been but it's in amongst a pile of bills. I've done the stupid burying my head in the sand thing and not going through my post properly and now regretting it.

 

Can't this matter still be resolved with through the council and not with a bailiff anyway?

[Alphageek]

Yes, I used to do that. It's much better burying your head in this website

 

Get the facts, post them up here and someone will offer help.

 

The most important thing to realise is you're in good hands with the member of CAG, so don't worry.

[vickym]

Thanks Alpha. I'll post more facts tonight, as soon as I've gone through my piles:o....of post I mean.

[chris600uk]

AFAIK the council was obliged at the time to give you an opportunity to pay your tax especially if you could clear it within the period.

 

Have you got any proof of this in writing?

[chris600uk]

I don't think they can pass this to bailiffs without a liability order issued by a Court.

 

Alphageeks right, they can't.

[chris600uk]

I've got a plan, a cunning plan;)

 

Do you by any chance have the funds to pay off the council tax arrears now?

 

Does your council have an online payment facility?

 

If the answer is yes to both - then if you do that now, the bailiffs are cut out of the loop because of

The Council Tax (Administration and Enforcement) Regulations 1992

Distress

45.—

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

[vickym]

I've got a plan, a cunning plan;)

 

Do you by any chance have the funds to pay off the council tax arrears now?

 

Does your council have an online payment facility?

 

If the answer is yes to both - then if you do that now, the bailiffs are cut out of the loop because of

The Council Tax (Administration and Enforcement) Regulations 1992

Distress

45.—

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

 

That could be the master stroke chris. I think I will just say have enough funds to do that. Do you think it would be worth trying to pay half this month and then the rest next month, just so I'm not completely wiped out, or do you think it would be wise just to clear the debt in one fell swoop before the council grow wise to my dastardly plan?

[chris600uk]

Well you could do that, but you'll have to batten down the hatches, and accept that you'll be under siege until you've paid off the rest of it.

 

The most the bailiffs could cost you is £42.50 so long as they are unable to levy on anything - that includes your car unless it is on HP or hired/leased

[Inteluk]

hello did you get sorted cheers