Do I have to pay them.

[29spots]

The council issued bailiffs to collect on the council tax that I owed them. The bailiffs turned up to collect payment while I was out and left a letter through the door. I rang the number given they would not except full payment over the phone but would only except payment in person. As I did not want this person at my house I paid the council directly by Internet banking (but did not pay any bailiff costs only what I owed to the council).

 

I have since received letters from the bailiffs requesting their costs of £43.95. The last letter was dated 7th December and I needed to pay them by 14th December. The letter says that if I do not pay them they can come into may house and seize goods and I will incurr more costs.

 

All I need to know is do I have to pay their costs, they only made one visit.

 

(sorry they did visit again but I had already paid the council a month before and gave them proof they did not come back again)

[The Watcher]

Their Liability Order ended when you paid the Council. They will try and persue you for further costs, but I certainly would not pay them (and advice anyone else to pay the Council direct).

 

By paying direct the Council receives its money straight away - with no deductions.

 

They will give up if you stall them long enough.

[29spots]

Thank you Watcher, I have not received anything from them for over a month now.

[The Watcher]

Thank you Watcher, I have not received anything from them for over a month now.

 

They will be too busy robbing the people that they CAN bully !

(Unfortunately many people are not aware of their rights and give-in to the pressure, threats and intimidation).

[29spots]

So I do not have to pay for the one visit that they did make before I paid the council. The council did not want me to pay them directly, they wanted me to pay the baillif.

[robin9342]

No, you don't have to pay anything to the bailiffs. They are now just an unsecured creditor and would have to prove you owe them money. They certainly cannot come to your house and seize goods to pay for their fees.

[Inteluk]

Its correct once the council are paid in full the liability order is discharged and they have nothing to enforce, however bare in mind the bailiff firms often just send out work in bulk to the bailiff and they will be non the wiser to this and will try to enforce like any other case. Therefore keep your proof of payments to hand and have a copy made in an envelope in case the bailiff calls. if you do get a knock dont open the door hand them the letter through a window or letterbox. xheers inteluk

[Boro]

And if you did wish to pay them then the maximum account they can charge for a first visit (on council tax cases) is £24.50 not the £43.95 they are asking for

[BarnesPDB]

Hello im in council tax arrears - ive found the funds (well Xmas moneys is good for something eh?) - im considering paying directly to the council bypassing the Bailiffs....and hopefully there excessive fees.

 

However contacting the council by phone they dont seem interested at all claiming "its out of our hands deal with the bailiff firm etc".

 

 

 

If i pay in full by phone or the councils website - am i sorted? Also what other charges can the Bailiffs add the amount besides the first visiting fee?

 

Just it seems like Johney bailiff in my case has added £42.50 to my CT bill. Is that a usual fee for there poor darlings to handle the paperwork?

 

 

 

Breakdown - amount council says i owe - £407.65

 

amount Bailiffs is seeking - £450.15

 

 

Theres no note on there form of a breakdown of the charges and the council have evasively mentioned "they charge alot and interest!!" Very helpful that :-P

[The Watcher]

In a word - Yes.

 

Pay online and by-pass the bailiffs. The Council CANNOT refuse to accept your payments (unless they want to cancel the debt?). Once the Council has been paid, the Liability Order is at an end.

[roppa1975]

be carefull paying over the net etc as they may deduct it from this years bill. I had the same problem, i refused to pay baliffs so i kept sending a cheque to the council, they returned it 4 times. i kept telling baliffs payment had been made to the council etc and just kept sending the cheque back to the council. they eventually gave in and accepted it, just be stubborn, it usually works

[BarnesPDB]

Thankyou Watcher.

 

 

I take it the council are just trying to keep up there end of the sleazey symbiotic (parasitic?) relationship by basically refusing to take payment over the phone?

 

 

 

 

EDIT cheers roppa lol didnt read u properly

[robin9342]

Thankyou Watcher.

 

 

I take it the council are just trying to keep up there end of the sleazey symbiotic (parasitic?) relationship by basically refusing to take payment over the phone?

 

What exactly do i say to the Bailiff's - as im sure they run around asking for extra fees?

 

 

 

Cheers roppa - checks it is m8!

 

Symbiotic describes the bailiff-council relationship. Parasitic describes the bailiff-debtor relationship.

 

Just post the bailiff your receipt showing you have paid the council in full. By law, once this has happened, the bailiff can do nothing. The bailiff might claim that you have to pay thier fees, but they will have to prove it as its simply an unsecured debt like any other.

[BarnesPDB]

Hi Robin problem is ive left things late and im meeting one in the next few days - so im doubting the receipt will come before then....

[robin9342]

If you paid online, did you not get an e-mail confirmation that you can print off? Or an online bank statement (making sure you delete the account details!!). You should try to contact the council and tell them to call off the bailiffs now that you have paid.

 

Also, remember: never let the bailiff in to your home. You don't even have to answer the door.

[BarnesPDB]

Cheers robin im a bit leary about the online method if as roppa says they have a tendency to "mix it up" with this years payment. In which case i would be scuppered....

 

If i go that route im thinking recorded delivery and cheque is the route to go...

 

 

On the £42.50 charge theyve added onto the CT arears.

 

Is that legit for one visit admin fees or whatever the hell there asking?

[chris600uk]

In a word - Yes.

 

Pay online and by-pass the bailiffs. The Council CANNOT refuse to accept your payments (unless they want to cancel the debt?). Once the Council has been paid, the Liability Order is at an end.

 

I agree with Watcher, and I have used the online payments system, it works fine. You only make a payment to the account number you gave, so make sure you type it right.

That's an instruction to your bank, and they must only pay the money to whom you say it's to be paid to.

 

If you look at your council tax bill you'll see the reference number that you need to use.

 

Hope that helps.

[robin9342]

I believe the first visit fee is £24.50 and the second is £18.00 which adds up to £42.50

 

If you are in a hurry for a receipt, why not go to the council office in person to hand over the cheque. That way you can get a receipt and make sure the cheque is applied to the correct billing year?

[chris600uk]

Don't forget, if you've paid the council off then the bailiffs are on very shaky ground indeed.

 

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.

 

So unless they can prove that you owe them a lawful fee and they must prove it, they aren't entitled to one solitary sous.

 

I'd send them a letter that looks something like this:

 

 

**** January 2008

 

Re: ********* Client reference *********

Please understand that I am fully aware of my rights and you will not

gain entry to my home under any circumstances to levy goods

I know the fees allowed under statute and when these fees can be applied.

 

Dear Sir/madam,

 

 

This account is in dispute because your charges are wrong; I expect NO FURTHER ACTION to be taken until this situation is resolved and I expect you to provide a full breakdown of costs, including what the fee consists of (showing appropriate receipts if applicable), when they visited, the name of the certified bailiff and the court at which he was certified.

 

If I do not receive the information that I have asked for within 14 days I will report the matter to both the court which issued the liability order and the local government ombudsman.

 

I have not refused to pay the Council Tax arrears.

I have not refused to pay reasonable fees that you are legally entitled to.

I am sending a copy of this letter to ******* Council

 

Yours faithfully,

[29spots]

I have received another letter from the bailiff today asking for payment of their vist. The letter is headed FINAL NOTICE and I have until 25th to pay or they will return to the house to receive goods.

 

Is this just a scare tactic as the previous letters.

[robin9342]

The bailiffs CANNOT take your goods to pay their fees if the liability order is settled. Seems like harassment to me.

[michin]

National debtline sent me some case law "relevant to distraint for taxes" which makes this issue pretty clear alongside the regulations Chris mentioned:

 

If the debt is paid, without the costs, before any seizure has occurred the right to distrain ceases (Bennett v Bayes [1860] 5 H&N 391; Branscomb v Bridges [1823] 1 B&C 145)

[29spots]

A person has been to the house today requesting money owed about the council tax that I owe and bailiffs fees. The letter states if I do not pay they will take my car in payment and sell it. It states in the letter that I owe £92.95, £1.45 for outstanding council tax and the rest in costs.

 

I have paid the amount owing to the council in full and do not owe them £1.45 I have not paid any bailiff fees.

 

Any advise please.

[29spots]

I have 5 days to pay or they will take the car. The car is worth £7000 and is still on HP. Only had the car for 6 months so not paid very much off it.

[tonycee]

They are trying to break the law that they claim they are trying to enforce.

Offer them their £ 24.50p and ask for a copy of their complaints procedure.

And then follow it up.

They cannot touch goods subject to hire purchase.

 

 

 

Heres a qoute.

 

 

What goods can Bailiffs take from my home?

The bailiff is not allowed to take goods that do not belong to the debtor or are subject to hire purchase or conditional sale agreements.

 

HERES the site.