Council Tax Enforcement - despite paying more than agreed amount

[orfoster]

Hi all,

 

In September I missed a payment on my council tax. In October and November I made payments correctly (infact £10 more than the required amount) I have always paid my council tax on the 15th of each month since Feb 2011 with no issue, I now realise the payment is due on 1st of each month but have never had an issue with this before.

 

In December I received a notice from the council confirming they are taking me to court with a hearing date. I received no letters about the missed September payment.

 

I sent two emails to the council in order to try and clarify the issue on 1 & 2 December asking for reasons why but never received a response. However, I caved, I know! And I then phoned the council and set up an arrangement to pay, the advisor changed my payment date to 17 of each month and accepted £135 per month, I pay £143 and did so on 17 December (15 was a Sat so S/O didn't come out).

 

Today I have received a letter from the council "notice of bailiff visit" for £400 (less my December payment!) due to non-payment!!

 

Obviously I'm not happy and I've emailed the council about this.

 

I've looked up the regulations that apply to Council Tax and note that they should send me a reminder notice or a final letter before taking me to court, this they didn't do. Is there any way of challenging them? I'm sure the bailiff thing is a mistake but I'd like to know my position ahead of Monday when I phone them.

 

Thanks

 

Oli

[i hate bailiffs]

I bet you if you phone them they will say "it is in the hands of the bailiffs nothing we can do you must deal with the bailiffs"

 

That is the normal script or something like that!

 

Carry on as you are paying the council

 

the bailiffs can do nothing if you keep them out deny them a levy tuck car away to prevent a levy on it

 

It may be worth going down formal complaint procedure with the council long process then on yo LGO

[brassnecked]

what council is this, and has a bailiff called yet? Some councils outsource their back office to a company called Capita, who own a couple of bailiff companies, Equita and Ross and roberts (ross 'n robbers) When you think you are speaking to the council you are actually dealing with Capita, see where this is going? Initiate a Formal Complaint to Head of Revenues CEO, Leader and your MP, stating that even though you were in a payment arrangement and had cleared any arrears, they still sent the account to bailiffs and added unnecessary fees to your account.

Edited January 5, 2013 by brassnecked

[sgtbush]

Hi all,

 

In September I missed a payment on my council tax.so your in default and the council can ask for all the years outstanding council tax In October and November I made payments correctly (infact £10 more than the required amount) so you paid a little off the money you owed in totalI have always paid my council tax on the 15th of each month since Feb 2011 with no issue, I now realise the payment is due on 1st of each monththats your fault, just cos the council took no action before dosent mean they wont now but have never had an issue with this before.

In December I received a notice from the council confirming they are taking me to court with a hearing date. I received no letters about the missed September payment.correct, you have now been informed, no more reminders will be sent

I sent two emails to the council in order to try and clarify the issue on 1 & 2 December asking for reasons why but never received a response. However, I caved, I know! And I then phoned the council and set up an arrangement to pay, the advisor changed my payment date to 17 of each month and accepted £135 per month, I pay £143 and did so on 17 December (15 was a Sat so S/O didn't come out).the s/o would of come out a day before, unless you did not have funds to cover it, thats your responsibility not the councils

Today I have received a letter from the council "notice of bailiff visit" for £400 (less my December payment!) due to non-payment!!

Obviously I'm not happy and I've emailed the council about this.

I've looked up the regulations that apply to Council Tax and note that they should send me a reminder notice or a final letter before taking me to court,they did this they didn't do. Is there any way of challenging them? I'm sure the bailiff thing is a mistake but I'd like to know my position ahead of Monday when I phone them.

Thanks

Oli

you have been notified already

Edited January 5, 2013 by citizenB
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[hallowitch]

your council tax is due on the 1st of the month however some/most councils will have 2/3 different dates that it can be paid each month my council allows you to pay on 1st.15th.or 20th of each month

 

I have paid my council tax on the 20th of the month for the last 15 yrs

[brassnecked]

Smacks of a Capquita council

[seanamarts]

I would request to speak with some one in the benefits and revenue department.

 

Carry on paying the council what you owe, get up to date as well.

[kaz320]

Hi Orfoster

Are you sure the `Notice of Bailiff Visit' was from the council because I have never heard of that before, this notice usually comes from the bailiff company. Whoever sent the letter cannot charge you £400, is the amount of £400 what you owe the council?

 

I totally agree with above do not let them into your property, they will say they have a warrant from the court (which they do) but they can only gain peaceful entry, so they can only enter if you allow them in. Make sure your doors are always locked and windows closed because they can gain peaceful entry by climbing in windows or opening doors and just walking in. Do not park cars on driveway or outside house because they can levy on these, so park vehicles away from property. If you have anything in a garden shed, front garden then bring it into the house because they can levy and take anything outside the property.

 

The council will say they cannot deal with your case if it has been paid to the bailiff but if this has happened stay strong the bailiff will use all sorts of tactics and stated charges to get your goods just ignore him and when they get no response the case will be handed back to the council.

[i hate bailiffs]

There is no warrant from the court!!

 

Just a rubber stamped liability order that is all

[brassnecked]

Again what c ouncil is this, and are the bailiffs Equita or Ross & Roberts? I woukld keep paying the council, but keep any motors out of site, because the bailiff may well call speculatively claiming not to know it is with the council

[Queens_king]

SgtBush

Sorry, but you are in the wrong with this statement "the s/o would of come out a day before". Standing orders are paid like Direct Debits. If the date falls on a Weekend or Bank Holiday the funds are taken from the account on the next available working day. This is Standard banking practice.

The paying bank will confirm that the funds are available at 23:59 the evening before but will not pay it until it becomes due.

If the council say different then they should not be accepting payments by either Direct Debit, Standing Order or Recurring Payment Authority