Help council error

[kevanmack]

i paid my council tax payment early, kept bankslip receipt. The council said i hadn't and it ended up with them starting bailiff action/recovery action whilst i was away [3 months] before and after i rang to say i had paid, and to please check. I returned to find recovery fees etc so visited council in person and with receipt, after 15mins they admitted i had paid, but because bank cashier had failed to put reference no. [council tax] on slip-they didnt see it?? [i know that failure was "my" mistake, but have no other payments to council] I then asked well, can you remove these "costs" as you agree you had my £ early/all the time. I was then gobsmacked....ok, you'v already guessed...NO....

I asked why? because i hadn't filled out the relevant forms etc etc I explained i had stated twice previously the monies were paid [early] why should i then fill out forms etc..and i was away when all this was going on.

So in the end i paid as i was sick of the bailiffs turning up whilst i was away etc.

I thought in doing so this would stop them turning up/increasing the "amount"-it did,

and i would then take them to small claims court [the council, who instructed the bailiffs] to recover monies etc.

I have just found out this is NOT possible [correct?]-so what can i do?

Any help would be gratefully received.

ps the irksome thing is that the smug council chap and boss said they had done everything humanely possible to check if i had paid it....i said it had only taken them 15mins to do so when i arrived with my receipt-so how was that true? No reply.

If this just reads as a moan-and you think i should have known better, fair enough..

regards

[revshelp]

Its not something you can sort out in the small claims court.

 

BUT as its an administrative error, you can use their official complaint system, and if your still not happy you can take it further to the Local Government Ombudsman who can order the Council to put things right and possibly reimburse you.

[kevanmack]

Many thanks for your time,and reply, I had requested a complaint procedural form and they have duly sent one. I must admit i'm more than a little dubious with regards to the "self" regulation, after I had a lenghty conversation with the "boss" of the chap who point blank refused to remove the "charges" immediately after admitting monies had been paid all the while-because i had not followed their procedures? he said he wouldn't go against him?? If anyone knows whether it is still worthwhile complaining or should i just go to the local government omburdman-or will he rule i hadn't given them chance to rectify via their "procedure"...crikey-i'm starting to sound like them [the "no common sense brigade"] so i'v answered this point myself...

Is there any "time" limits on this? i dont see why-as wrong is wrong, but again i'v learned quickly nothing seems to be what i expect,and a question seems to make sense.

regards Kev

 

Its not something you can sort out in the small claims court.

 

BUT as its an administrative error, you can use their official complaint system, and if your still not happy you can take it further to the Local Government Ombudsman who can order the Council to put things right and possibly reimburse you.

[id6052]

you will need to exhaust the council's own complasints process before the LGO would even consider your case

[kevanmack]

my worst fears confirmed, thanks anyway.

 

 

you will need to exhaust the council's own complasints process before the LGO would even consider your case

[kevanmack]

During a discussion something was asked to which i don't know the answer..andit might BE the answer-any opinions gratefully received...yes its probably the last roll of the dice!! But here goes, this relates to my first thread posted ysterday "council error, charge" for quick back story. I asked carlisle council "recovery" section who was to be paid? As they instigated the action via rossendales which they ultimately agreed was for monies i had indeed paid [early!!] but wouldnt wriie it of-or even ask rossendales to accept it had been done in error...so i tried rossendales..and the 2 kept saying it was up to the other=deadlock=lost will to live etc etc Now i paid carlisle council over the phone-they at all times said it was for rossendales-as i didnt owe them anything, even tho'all the while these charges were written as unpaid council tax??? My question is can i take rossendales to small claims court [i found out i couldnt take carlisle council to it, nice and convienient or what!] If as i infomed rossendales there was no monies owed are they entitled to persue/harrass etc etc? It seems if neither was willing to back down- then are they both not culpable and shouldn't i therefore be able to go after the end receipent of my money-as they were not entitled to get? Again any comments, wisdom would be grateful.

Please be aware, i can afford the £.. but i have turned against any/all bullying from government/bailiffs/big/small companies as recently after my gran died, i had a job and a half getting back thousands of £s from BT, british Gas, Eon etc etc for her paying "over" estimated bills[and renting a phone for 40+years-shame on you Bt !!] and knowing how that £ would have improved her life-COS SHE DIDNT OWE IT.. i found my line in the sand..and stupid tho'i feel to have paid the council..i don't want to let it lie!! sorry for the rant...just needed to get it of my chest...

regards Kev

[outlawla]

my worst fears confirmed, thanks anyway.

 

If your forehead is getting sore from continually banging it against the wall at this stage, see how you feel after 3 or 4 years of it....post #185...

[id6052]

Not sure if small claims court would be any use to you, however from what you have stated in this thread and your previous thread, you should definitely pursue an Official Complaint

[kevanmack]

Man..i cant handle 3 to 4 months...so respect to you and hope you grind the B******s down!!

[kevanmack]

many thanks for your reply, i will.

 

 

Not sure if small claims court would be any use to you, however from what you have stated in this thread and your previous thread, you should definitely pursue an Official Complaint

[ploddertom]

The way forward is a letter to the CEO of the Council marked Formal Complaint - don't bother with the minions below. What charges have you had to pay? Don'yt forget the Council are ultimately responsible for any charges and actions of their contractor.

[hallowitch]

did you pay bailiff fees if you did how much did you pay

[kevanmack]

Many thanks for taing time to reply-i couldnt believe that carlisle council didn't/wouldn't give me the CEOs email address? I did get one eventually-but was never sure, as i didn't ever get a reply, a total lack of courtesy..on 125k pa??!!

I will check again and do as you suggested re Formal Complaint.

Its not I that has forgotten the council [corporation, as was] were set up by the people for the people...but my god they sure have!!

I have been charged for call outs/levy charge? and van on site-blatant lie, i challenged and they said it just had to be in the area...not on my drive?? I have friends who like me just shake their heads in dis-belief...

 

The way forward is a letter to the CEO of the Council marked Formal Complaint - don't bother with the minions below. What charges have you had to pay? Don'yt forget the Council are ultimately responsible for any charges and actions of their contractor.

[kevanmack]

i'm away from home for a week-so don't have exact figures to hand at the moment,thanks for taking the time to reply; i paid carlisle council direct as rossendales told me they would only "stop the action" when told so by the council? I will reply with the correct info-rather than guess. Regards

[ploddertom]

Jason Gooding [email protected]

 

It may be best to start at the beginning and would advise you need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

 

If the Bailiffs have charged any fees you need to ask for breakdown of what they have arrived at. Here's an example of what to send and would urge you to send initially by email followed by a letter in the post.

 

"From:

My Name

My Address

 

To:

Acme Bailiff Co

Bailiff House

 

Ref: Account No: 123456

 

Dear Sir

 

With reference to the above account, Can you please provide me with a breakdown of the charges.

 

This includes:

a - the time & date of any Bailiff action that incurred a Fee.

b - the reason for the fee.

c - the name(s) of the Bailiff(s) that attended on each occasion a Fee was charged.

d - the name(s) of the Court(s) the Bailiff(s) was/were Certificated at.

e - the date of the Certification.

 

This is not a Subject Access Request under the Data Protection Act S7 1998 so does not incur a fee of £10. You are obliged to provide this information.

 

I require this information within 14 days.

 

Yours faithfully

 

Ripped off customer"

[ims21]

Two threads merged. Please keep to one thread per issue.