Liverpool Council Tax Debt Settled, what next?

[mjm01245]

Hi All,

 

I am looking for a bit of guidance.

 

In September last year my partner received a letter from a recovery agency stating they where working for Liverpool City Council

and recovering debt in the region of £550 for unpaid council tax.

 

My girlfriend did recall a previous council tax debt from around 5 years ago that she believed was settled,

so that week she visited the council office to enquire.

 

 

They explained it was a debt from a previous address several years prior,

in an attempt to just close it off she offered full payment there and then.

The council rep refused to accept payment and said that she must deal with the recovery agency.

 

Up until last week we had (foolishly) done nothing on this,

until a agent working for Marston's turned up at the house claiming to have a liability order.

I sent him packing without letting him in.

 

The next day my girlfriend again visited the council and offered payment,

this time the council rep accepted and even said she isnt sure why the offer was rejected last time.

 

My girlfriend also explained she met the criteria of a vulnerable person due to ongoing severe depression

and believed that the council should not have passed this onto enforcement without prior contact.

 

The payment was made there and then and a receipt obtained.

The receipt is simply proof of payment no mention of the debt or the LO being settled etc.

 

My girlfriend was then told she needed to contact the recovery agency directly (was actually told it was Drakes not Marstons) to settle any of their fees.

 

I have today written a letter to the council asking for a breakdown of the LO with dates, fees etc

and asked them to confirm that is is now settled and any enforcement action has been withdrawn.

Ive also asked why the offer was turned down the first time.

 

I have written a separate subject access request to the council to check there are no other outstanding debts with them.

 

My questions is what should I do next?

 

Should I contact Marstons or leave that to the council?

 

If they turn up what should I say?

 

I appreciate how precious all your time is, any guidance is welcomed.

 

I will obviously not let them in however it worries me that her car is often outside

and it is not uncommon for the front door to be left open when the kids are playing out.

 

Regards

 

MJM

[unclebulgaria67]

Did she receive a notice of enforcement letter before the visit ? If this was not received, she would only have to pay the enforcement company the £75 compliance stage fee and not the enforcement stage fee of £235.

 

What your girlfriend should do is contact the council again to explain that she suffers from depression, which she can ask her GP to confirm in writing in required. That she had a visit from Marstons in regard to council tax outstanding at a previous address. She had now settled the liability order amount with the council direct and is seeking the councils help in resolving this. Because she is classified as vulnerable the council may decide to deal with this directly and call off the enforcement action. That is what the council should do and if they refuse speak to a local councillor.

[mjm01245]

Thank you for the fast response!

 

Would the notice of enforcement have come from the council or a recovery agency?

There has definitely not been anything to our current address from the council however we she may have had one to a previous address.

 

Ill get her to go down and speak to them again see what they say.

 

Should I contact Marstons and see what they are trying to claim or best to just ignore completely?

If they do turn up in the meantime is there anything I can do it to stop them taking the car?

 

Thanks again,

[i hate bailiffs]

If you can garage the car or keep it away from the property for now

Leaving it on drive way may be asking for a levy

 

The council should take any debt back with vulnerable part

If council won't help your local councillors and local MP should help

 

Keep the door shut at all times( also helps to keep the heat in)

[mjm01245]

Thanks, are they allowed to enter around the back of a property? Back door is often open for the dog.

 

I am wondering whether to contact Marstons, if they are chasing a small fee then it may be worth just clearing it.

 

Is this likely to open up a box I would regret?

 

Thanks

[unclebulgaria67]

Thanks, are they allowed to enter around the back of a property? Back door is often open for the dog.

 

I am wondering weather to contact Marstons, if they are chasing a small fee then it may be worth just clearing it.

Is this likely to open up a box I would regret?

Thanks

 

Yes they can get in via an open door, so you would have to be careful.

 

When she speaks to the council, she should mention that no notice of enforcement was received from Marstons and the first she was aware of the enforcement action was the visit to her current address. When Marstons found her, they should have delivered the notice of enforcement and then waited 7 days before any enforcement visit.

 

It was up to Marstons to issue the notice of enforcement and not the council. The council won't take back a liability order they have given to an enforcement company, even when there is a vulnerability issued. But they should contact Marstons to make them aware of the situation.

 

I suspect that all that needs to happen once resolved by the council, is for your girlfriend to pay the £75 fee to Marstons related to the compliance fee, as no notice of enforcement was received where she lived. I think the new fees apply, even though this is an old council tax debt. But you should check with Citizens Advice, as it may be that she just needs to pay the old fee rates for enforcement action, being that the liability order was pre 6th April 2014. I think the old rates totalled £42.50.

[mjm01245]

Thank you so much for your help!

 

Ill contact Marstons tomorrow then to arrange payment. Is phone ok or would you recommend sticking to letters?

 

Thanks

[unclebulgaria67]

Thank you so much for your help!

 

Ill contact Marstons tomorrow then to arrange payment. Is phone ok or would you recommend sticking to letters?

 

Thanks

 

See how a phone call goes first. Marstons will have to check with the council first to confirm that it has been paid.

 

Ignore the £42.50 quoted in my last post. I confused that with something else. They can charge the £75 compliance stage fee, but as the notice of enforcement was not issued to her they should be due the £235 enforcement fee.

[mjm01245]

Thank you very much, your advice is truly appreciated!!

 

Last question, should I be concerned that the council have said the debt was with Drakes however it is Marsdens chasing?

 

Thanks

[dx100uk]

if she is classed as vulnerable the enforcement should be wound back to before bailiff ever got involved

 

 

no fees whatsoever.

 

 

dx