Help - Bailliff visit for council tax dating 10 yrs

[poisonivy44]

Please can someone give me advice.

 

In january I received a visit from the bailliffs for £190.93 (including costs) for council tax for 2001

I contacted the local council to inform them I felt I had already paid this.

to cut a long story short after providing paperwork and many calls, I had another visit today with 7 days to pay, the council inform me they could not allocate all the monies I paid over the years and therefore need to deal with the bailliffs, (who wont listen and want the money)

The council are now refusing to provide paperwork from previous payments to allocate against bills. I have done the necessary calls, letters etc...

 

How do I stop these bailliffs till I can sort out and prove whether I have paid or not.???

[cerberusalert]

Moved to the bailiffs Forum.

[dx100uk]

then thery must have taken out a recent liability order?

 

what does this say?

 

dx

[poisonivy44]

then thery must have taken out a recent liability order?

 

what does this say?

 

dx

 

I have telephoned the council who said they applied 4/11/2002 for the liability and are sending me the paperwork. But the council have had my bank statements from 2001 showing all payments to a different bailiff

[fork-it]

If you paid money to another bailiff then he may have absconded with your money, you might want to inform police and ask they investigate. It wouild help if you have proof of payment e.g. bank statements but bank rarely hold transactions beyond 6 years. A liability Order does not have an end-date to it never actually 'expires'.

 

You might also want to pursue a complaint to the Local Government Ombudsman the council is trying to obtain money that is already paid.

[poisonivy44]

If you paid money to another bailiff then he may have absconded with your money, you might want to inform police and ask they investigate. It wouild help if you have proof of payment e.g. bank statements but bank rarely hold transactions beyond 6 years. A liability Order does not have an end-date to it never actually 'expires'.

 

You might also want to pursue a complaint to the Local Government Ombudsman the council is trying to obtain money that is already paid.

 

Thank you for that. In a good way... I am a horder when it comes to paperwork and have all bank statements and receipts, the council admit they had money from this bailliff but say there new system wont let them allocate the money therefore they are unsure what is owing...??? I have no paperwork proof from the council what is owing and from when. I requested a copy of the 2001 bill with the payments I had paid and they said the new system wont allow it and therefore have no paperwork??? in the meantime Jacobs are seeking to take my car.

[hallowitch]

the thing about paying a bailiff is that there fees (which may/will include lawfully fees that you were unaware of) are taken first before the liability is discharged

 

i know its a long time ago but do you know/remember what fees had been added

the amount of the original liability order

the full amount you paid to the bailiffs

[tomtubby]

I have telephoned the council who said they applied 4/11/2002 for the liability and are sending me the paperwork. But the council have had my bank statements from 2001 showing all payments to a different bailiff

 

I am trying to find the case law on this concerning where there was a delay of 4 years between obtaining a Liability order and Distress. In your case the delay is 9 years!!

 

The relevant case is Thameside Magistrates Court & Thameside MBS ex Parte Coleman & Davenport 1998. I need to check my files later today for further details.

[brassnecked]

I am trying to find the case law on this concerning where there was a delay of 4 years between obtaining a Liability order and Distress. In your case the delay is 9 years!!

 

The relevant case is Thameside Magistrates Court & Thameside MBS ex Parte Coleman & Davenport 1998. I need to check my files later today for further details.

 

There is a summary of this case at this llink:

 

http://www.acsnavigator.co.uk/acsctax/Committal_-_Case_Law.htm

 

It would appear that pursuing the LO is OK according to this case, however as caselaw is open to interpretation both, judgment and in obiter, there may have been further developments