Frontlines Enforcement collected my CTAX LO but didn't pay council - now gone bust!- HELP!

[Stucci]

We have recently been visited by a Bailiff representing Woking Borough Council regarding unpaid council tax.

The tax in question was from 2009 where at the time my wife had been advised to pay an outstanding amount to a collections company called Frontline Enforcement which she did in full.

We were then contacted by the Council in 2010 to say that the unpaid council tax was still outstanding

it then turned out that Frontline Enforcement hadn’t been paying the money to the council and had liquidated.

We were then asked to provide proof of payment to the Council and unfortunately for two cash payments my wife neglected to keep receipts so we were unable to provide proof.

As Frontline Enforcement banked with HSBC as did my wife

we contacted HSBC and they agreed to look into the Frontline Enforcement account and provide the necessary proof to the Council.

A year on this has not happened and after talking to the bank further recently they have said their hands are tied under the Data Protection Act.

So we are back at square one with the council breathing down our necks chasing money we have laready paid

– any help would be marvellous.

[maroondevo52]

Hello and Welcome, Stucci.

 

I'll move this thread to the appropriate Forum.

 

Regards.

 

Scott.

[fork-it]

You need to contact Woking BC and remind them they are required to use Certiifctaed bailiffs for collecting unpiad council tax.

 

First, I'll explain what a Certificated bailiff means.

 

Any bailiff that is handling public money must have a certificate, local authorities do contractually require bailiffs instructed to hold a current certificated.

 

A person holding a bailiffs certificate has a) been tested to be of good honest character,(no criminal records - some exemptions) and b) has lodged a security deposit with the court (or insurance policy) of £10,000.

 

This protects the court or authority if the bailiff absconds with money he has collected from a tax-payer. This is why a bailiff company must always appoint a named "Bailiff in Charge" of each case.

 

You need to start the councils official complaints procedure and the council must make a claim from the certificate bond of the named Bailiff in Charge. Its not for you to make that claim because the Council is liable for its bailiffs that it appoints.

 

If you are fobbed off with excuses, then a good place to start is your local councillor, or the Local Government Ombudsman and explain the above.

[fork-it]

it then turned out that Frontline Enforcement hadn’t been paying the money to the council and had liquidated.

 

You need to contact your local police authority and report an offence under the 2006 Fraud Act and get a crime number. I suggest you compile all the evidence before presenting the package to the local constabulary. Suggest you approach them via their Economic Crimes Unit by way of prior appointment with a specific detective.

 

A year on this has not happened and after talking to the bank further recently they have said their hands are tied under the Data Protection Act.

 

Under Section 29 of the Act, crime and taxation are exempt from the Data Protection Act 1998. There is no reason why the bank should be hiding behind it.

[dx100uk]

you might find this thread useful for past info:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?203952

 

i have renamed the thread to bailiff

 

dx

[Stucci]

Thanks so much 'fork-it' would you suggest I start at the Council or go straight to HSBC or directly to the Police?

 

Thanks again

[wonkeydonkey]

We have recently been visited by a Bailiff representing Woking Borough Council regarding unpaid council tax.

 

The tax in question was from 2009 where at the time my wife had been advised to pay an outstanding amount to a collections company called Frontline Enforcement which she did in full. What method did she use to pay cash: handed to the enforcement officer?Paypal etc. ?

 

We were then contacted by the Council in 2010 to say that the unpaid council tax was still outstanding

 

it then turned out that Frontline Enforcement hadn’t been paying the money to the council and had liquidated.

 

We were then asked to provide proof of payment to the Council and unfortunately for two cash payments my wife neglected to keep receipts so we were unable to provide proof.

 

As Frontline Enforcement banked with HSBC as did my wife

 

we contacted HSBC and they agreed to look into the Frontline Enforcement account and provide the necessary proof to the Council.

 

A year on this has not happened and after talking to the bank further recently they have said their hands are tied under the Data Protection Act.

 

So we are back at square one with the council breathing down our necks chasing money we have laready paid

 

– any help would be marvellous.

 

I think you will find the onus is now on the Council, write to them putting them to strict proof the debt was not paid to their collection agents, they can't prove you did not pay the amount ,anymore than you can that you did.

 

WD

[Stucci]

The problem we have is that they have put this in y=the hands of another Debt Collecytion Agenncy and they are now threatening to remove items from the house!!!

[josephbloggs]

i have heard of a similar scenario with another company who did work around the derbyshire/peak district area, the councils had to knock the money off each individual bill if the people provided bank statements or receipts. cost the councils a lot of money overall by all accounts. the company was jackson heath bailiffs.

[fork-it]

Thanks so much 'fork-it' would you suggest I start at the Council or go straight to HSBC or directly to the Police?

 

Thanks again

 

All of them, but having a crime number adds lots of weight. You might be dealing with a fictitious debt or bogus bailiff company, so you need to have police make a proper investigation.

[ploddertom]

I would seriously be tinking of contacting the local press and your Councillor as I would imagine you will not be the only one in this situation. They are asking you to produce a receipt you know longer have from a Company they employed and passed no details on - does this mean they are going to make everytone pay twice. Another course of action is your MP and ask him to raise it in Parliament. A fine example of present day government.

 

PT

[crabbingtime]

In the circumstances I would have thought the Council would have listened to you and taken on board what you have said. It would also suggest others living within the same Council's catchment may also be experiencing the same situation. The Council will without doubt be aware others have paid to Frontline and are now faced with paying the bill twice. The Council should also be making attempts to recover funds from the company, I would ask what they are doing about this? They may have some further information that may lead you to a Liquidator. The Liquidator would be in possession of bank statements that may assist you in tracing the payment.... I have looked on the London Gazette and I cannot see any formal Liquidation or Insolvency procedure for the company, do you have an incorporated numberor the name of the Proprietor??

 

Did your wife pay in the bank over the counter or by some other means......

[Stucci]

I wanted to thank everyone for their help and advice and to give you an update. I have tried all the above to find a solution but was met a big no from the HSBC legal team they refused to open the accounts although the Bank Manager at our branch was fantastic even chasing the liquidators and the Crown who now hold the account but we were still unable to gain access and to be fair the council called off the dogs (sorry the debt collectors) and have agreed to let us pay this off directly (AGAIN!) The CAB were great but agreed aside tracking down this chap and getting his written permission there is nothing we can do. So once gain thanks for all your help.

SG

[tomtubby]

I wanted to thank everyone for their help and advice and to give you an update. I have tried all the above to find a solution but was met a big no from the HSBC legal team they refused to open the accounts although the Bank Manager at our branch was fantastic even chasing the liquidators and the Crown who now hold the account but we were still unable to gain access and to be fair the council called off the dogs (sorry the debt collectors) and have agreed to let us pay this off directly (AGAIN!) The CAB were great but agreed aside tracking down this chap and getting his written permission there is nothing we can do. So once gain thanks for all your help.

SG

 

Woking Borough Council are a large council and frankly, I would be making a Freedom of Information Request to this council to ask for detailf of which companies tendered for the Bailiff Companies and what checks were done with this company to ensure there financial standing. I would also be asking (under Foi) whether there have been any other council tax payers who have claimed to have made payment to Frontline etc.

[hallowitch]

i don't see why you should be paying it again there is something not right here the bailiff firm should have had a separate account for the councils money

 

have you sent the council a subject access request to see what it turns up

http://www.dca.gov.uk/enforcement/agents02.htm#part4

A separate account for monies due to the creditor should be maintained and accurate books and accounts should be kept and made available to establish monies owed to the creditor.

[tomtubby]

Woking Borough Council are a large council and frankly, I would be making a Freedom of Information Request to this council to ask for detailf of which companies tendered for the Bailiff Companies and what checks were done with this company to ensure there financial standing. I would also be asking (under Foi) whether there have been any other council tax payers who have claimed to have made payment to Frontline etc.

 

Clearly, this council would appear to have entered into a Contract with a company that lists just ONE DIRECTOR.

 

The company was only incorporated on 10th September 2008 and was struck off the register on 20th JUly 2010. They had a First Gazette notification in February 2010. No accounts were ever produced.

 

Somebody's head should "roll" at Woking becuse, they must surely have a "duty of care" to all TAXPAYERS to ensure that a company tasked with the role of collecting council tax on their behalf should at least have produced previous accounts.

 

Sorry.......I would be furious at this and I would stand my ground that payment had ben made.

[Stucci]

Believe me I am NOT at all happy to be forking out the best part of £1000 again but my choices appear to be pay it or we'll send the Baliffs round again - its crazy but we feel we have no choice. I've tried everything and everyone has tried to help but we've got nowhere. So time is ticking I can't produce the proff so here we are.

[ploddertom]

On top of what has been suggested above have you thought about trying the local media? Your MP could also be interested particularly if there are others who are being told to do the same, the link below may be your MP

http://www.parliament.uk/biographies/jonathan-lord/83146

 

PT