Help required please....

[ploddertom]

Hi, i am a regular over on the Debt Action Group and not very up to date with Council Tax (CT) issues/law and how they effect the consumer.

 

Trying to help a family member with outstanding CT arrears, and as nasty bailiffs are now involved was just wanting to know the legals of how they actually can operate...

 

so here is the statu quo

 

£550 arrears, liabilty order issued, gone to baillifs, no goods ever levied, but yesterday they turned up very early in the morning and parked a van outside their house and done nothing but then post a letter saying they had atteneded and now the outstanding is £854, the letter also states they will be back in a few days time to removed goods which can be done in their absence???

 

1) where has the £300 odd extra come from, is this legal? how can we check or are there any templates to use?

 

2) can they actually remove in their absences? surely that would be breaking and entering??

 

Many thanks in advance for all the advice given.

 

Welcome to the dungeons where us be fighting with dragons.

 

Seriously though family need to find out from Council how much Liability Order is for, how much is still outstanding and when it was given to the Bailiffs.

 

The Bailiff can only charge for 2 visits no matter how many times he calls,£24-50 first visit & £18 second visit. This is providing he has not gained entry or otherwise been able to make a levy. There no letter charges, enforcement fees etc.

 

They can try and ask the Council to take the debt back but if they are not on Benefits or classed as vulnerable then the chances are the request will be refused.

 

Payments - personally I would never pay the Bailiff 1p, instead try and pay the Council a regular payment they can afford online, by automated phone or Billpay if the Council are registered.

 

At any cost prevent the Bailiff entering the home, he is allowed peaceful entry only through an unlocked door or window. Clear the garden/yard of any loose items and if you have outbuildings secure them. If there is a car then park it well away.

 

The Bailiff cannot have you arrested, break in or bring a locksmith unless he has been in previously, he may threaten to call the Police but they are only there to prevent a Breach of the Peace.

 

Once he realises that he has no control over you then he will go and molest some other poor unfortunate.

 

There is plenty of help available here so shout loud if you need a hand.

 

PT

[ploddertom]

It amy pay to get on to the Council and ask for the amount on the Liability Order, the amount still outstanding and when it was passed to the Bailiff.

 

It would appear that the Bailiff is overcharging - Happy Contrails wrote some good letters here's one that may help:

 

Name of Bailiff Firm

Their Address 1

Their Address 2

Their Address 3

Postcode

 

BY POST AND BY EMAIL

 

DATE

 

Dear Sir/Madam

 

Re: [YOUR NAME + REF]: Your fees.

 

I write following visits by your Enforcement Officer, however after seeking advice there appears to an irregularity with your fees. I now ask you to provide the following within seven (7) days:

 

1) Written confirmation of your fees

 

2) Written confirmation of the original debt

 

3) The name and address of the organisation that instructed you

 

4) Either confirm in writing that your fees are lawful and truthfully comply with legislation, or refund me unlawful fees plus reasonable compensation for being cheated by your bailiff with his fees by midday the seventh day from the date of this letter.

 

A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006. Section 2 of the Act specifically describes a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss. If no satisfactory refund is made to me by 12.00 midday seven (7) days from the date of this letter I will automatically make a criminal complaint to Police under the 2006 Fraud Act and the Proceeds of Crime Act. If you have charged VAT on unlawful fees then you may be reported for VAT fraud and your documents will be given in evidence.

 

This is a letter before action and is not a request to access any personal data about me in the meaning of the Data Protection Act 1998. It is delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests this letter is handed to the relevant person within your organisation.

 

Yours Sincerely

 

 

YOUR NAME

 

PT

[ploddertom]

Here's another of Happy's letters that should be sent to the Council when you send the one above:

 

Head of Revenue

Borough Council

Address 1

Address 2

Address 3

Postcode

 

[DATE]

 

Dear Sir/Madam

 

Re: Council tax arrears and your bailiffs fees

 

Please find a copy of a letter before action that has been delivered by even post to your contractor who is claiming you have instructed to act.

 

You contractor is cheating with his fees and it is my intention to reclaim them by filing proceedings in the small claims track if they are not refunded in full within seven days.

 

As the council is liable for its agents it is my intention to name the council as the principle defendant, however, Court rules require me to give the council reasonable opportunity to settle the claim beforehand.

 

If you wish to settle the claim, please pay me the sum described in the enclosed letter at the above address within seven days from the date of this letter.

 

You may wish to launch an investigation or make your own enquiries; this does not delay the proceedings being filed at Court, and to protect other taxpayers from being defrauded in this way, the case will pass to the Local Government Ombudsman.

 

These documents are delivered by Royal Mail and deem it good service upon you by the ordinary course of post under Section 7 of the Interpretation Act 1978. It now is your responsibility and in your best interests they are handed to the relevant person within your organisation.

 

Yours Faithfully

 

 

[YOUR NAME]

 

Encs:

1 Copy of letter to bailiff

2. Copy of bailiff document showing his fees.

 

 

PT