urgent help with c/t baliff's PLEASE!

[fedup21]

Hi,

 

I had a vist from council tax baliffs a few weeks ago, they just dropped a note through the door re unpaid bill. However, I do not owe this money, I informed them by phone that this money had been paid to council and then also informed the baliff company by e-mail, and gave them the reciept number from the paid bill. Heard nothing until this morning, got another letter through the door, with additional cost's added plus the amount that I had already paid. Now saying they will return from 6am tommorow to sieze goods. I have contacted the council, who confirmed I had paid the money, they sent it to baliff on 13th jan, I paid on 14th Jan, I was unaware at that point it had been passed. Coucil are now saying that the baliffs can ask for their costs, even though I did dispute it immediately by phone an e-mail.

 

I'm scared, can anyone offer any advice? Would be really grateful.:-?

[fedup21]

sorry just to clarify, I had a court summons back in Dec, due to circumstances I had forgotton about it, then when |I found it, I paid the money owing to the council on the 14th jan, baliffs came on 31st jan, I informed by phone and e-mail I had paid it to council, they returned today putting another letter through the door, added 150.00 in costs, I telephoned the council, they said they had instructed baliffs on the 13th jan, I paid on the 14th Jan, not knowing Baliffs had been instructed. Surley Council had nearly three weeks between me paying, and the first baliff visit, the council should have contacted baliff to say I had paid, even befor first baliff visit? Also £150.00 extra in costs????? They have never knocked on my door, just put letter through.

Please HELP!! Thanks

[fedup21]

ok, just to update, I have contacted the council who have confirmed I have no money owing, I have also written a letter of complaint to both council and baliffs, stating that I believe the baliffs to be acting illegally in trying to recover a debt that does not exist, and also questioning the charge that was added on the second visit, which was posting another letter through my door early this morning, and yes someone was up and no they didn't knock, this seond costs charge is for 129.00. I have sent both letters recorded delivery, and also have another one prepared to present to the baliffs when they call again tommorow to sieze my goods, and no I won't be letting them in. Was this the right thing to do?

[hallowitch]

you owe the bailiff nothing

 

if the bailiff comes do not let him/her into your home regardless of what they say

write to the bailiff recorded delivery telling them that you believe there charges are unlawfully and if there are any unlawfully charges you will file a form 4 complaint to the court (the court the bailiff was certified at)ask for a screen shot of your account this will tell you what charges have been added to your account and when the charges were added

send same letter to council and ask council for date they informed the bailiff that your account was paid there are template letters on here that you can send

[fedup21]

Thanks hallowwitch, have sent the letters recorded delivery, to both council and baliff company, also I have questioned the cost, and told them I believe them to be illegal. Just makes me sick that these people can be allowed to harrass, incidently, back in jan i contacted the baliff immediately to tell them this bill was paid, and the e-mailed receipt number to them, said they weren't interested and it was up to council to inform them not up to them to check whether or not this money was owed, even though I offered to provide the proof that this was paid.

[fedup21]

forgot to say, when i called the council, they appear to not have informed the baliff i had paid, someone was going to call me back, but nothing yet.

[hallowitch]

then in my opinion its the councils mistake

i don't think they can come to to your house to gain entry to make a levy for there fees i think they would have to take you to court to get there fees if the debt to the council is paid (99% sure about that) and they wont do that as in my opinion there fees are unlawfully

[chris600uk]

You should get the bailiffs name and check it against the minsitry of justice register to see if he has a current and valid certificate.

 

If you paid before they visited you then their charges are invalid/unlawful.

 

They act as the councils agent, so of course the council should inform them, but they often don't bother.

 

Now that they know the liability order was satisfied before any enforcement action could take place, they will know that to pursue any fees would be fraudulent - and so would any enforcement action now.

 

see:

The Council Tax (Administration and Enforcement) Regulations 1992

Distress

45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

 

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

(a) an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

(b) a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.

 

(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.

[fedup21]

Thanks Chris,

Yes the money was paid before they visited, I didn't know it had actually been passed on to them, I paid direct to the council on 14th of month, council passed it to baliffs on 13th of same month, but even now two months down the line the council have not informed them I have paid. Will be asking to see baliff cert, if they come tommorow, but in any case, will be pursuing a complaint against baliff and council, surley baliff should have taken note of my receipt from the council, instead of telling me that they were not interested and it was up to the council to inform them? Good god, one phone call from baliff to council, and problem solved, assuming that would be too much trouble and a much too difficult task for them to perform, or maybe, just maybe, more to do with baliff wanting to make sure they get their extortionate fees paid, nah, couldn't possibly be that reason! Anyway, will no doubt have a sleepless night, still worried even though this site has yet again come to my asurrance, but to be honest, I have just about had enough of DCA's and baliffs, my health is suffering, causing my disability to become worse, I really am at the end of my tether. Thanks for advice, will make sure I do find out if he is registered, I also have enforcement number from county court who will tell me if he is reg and with which court.

[chris600uk]

I didn't know it had actually been passed on to them

 

They should have sent you a letter informing you, they are required to do that.

[chris600uk]

You don't have to worry about the council informing them, an email to them explaining what I posted with a copy to the council tax, the head of council tax, your local councillor and your MP should do the trick.

[fedup21]

thanks so much, your help and time is very much appreciated. Will post any updates as I get them! No, I didn't recieve a letter from the council saying it had been passed to baliffs, last communication I had was a court liability order, which I forgot about due to ill health, then as soon as i came across it, I paid it.

[fedup21]

Hi, just to update, I sent two letters yesterday to both council and baliffs, had sleepless night, got up at 5am as baliffs said would return from 6am today. At just after 4pm, council contacted me to say they had had a phone call from baliff to check if debt had been paid, council confirmed it had, poor man wasn't aware of the problems, but explained everything to him, they have not as yet had my letter, probably going through system, but he was very understanding, and admitted that council should've informed baliffs I had paid before enforcement action was taken, anyway, I said I'm bnot at all happy and will await a wriiten response to my complaint. And no baliff called, double checked that it was the baliff who called the council, and confirmed yes, so why the hell couldn't the baliff do that two months ago???? Anyway, thanks for all help, feel much better now, just bloody angry that something that could've been sorted out so quickly, wasn't!

[fedup21]

Thanks hallowitch and chris, all your advice has been great, and helped with the letters I wrote!

[hallowitch]

your welcome

nice to see it worked out for you

two months ago the bailiffs thought he was going to make a lot of money from your debt

today he new you were on the ball and this debt Had run it course for him he will now move on to another victim

having said that i blame the council they should have informed the bailiff that you had paid

[tomtubby]

The local authority are wholly responsible for this error and as such they should have immediately put this matter on hold as soon as you queried this with them. I would consider making a formal complaint to the Head of Revenue.

[fedup21]

Yes, I too lay the blame with the council, they had more than enough time to inform the baliffs, it was a distressing situation that too be honest, I could've done without! I have fired off a letter of complaint to the council, am now awaiting their reply, but to be honest, I wouldn't be suprised if I don't get a response! It does question the whole communication thing between the baliffs and the council, I know the baliffs are only acting on the information supplied by the council, but I did give the baliffs the council receipt number, and offered them the original receipt, all of which contained the amount that I paid, that matched the amount amount the baliffs were asking for, and had council tax reference number on it, and also my bank statement which clearly showed the funds being paid to the council, that was two months ago, so still a bit at a loss as to why the baliffs didn't make a simple call two months ago, but suddenly they can make a call to check only after I sent a very strongly worded letter to the baliff company and the council!