Council tax help please **Resolved**

[snowallen]

Hello,

 

 

I had a letter notifying me of liability order hearing on 9th April.

 

 

Balanced owed was £302.14

 

 

I phoned up and paid £100 off the debt owed and set up DD for new Ctax year.

 

 

I was assured by adviser that I did not have to attend the hearing as it was just a formality to acknowledge I was liable for the debt.

He told me to wait for the letter and then phone up to make an arrangement to pay remaining £202.14 and that would be that.

I didn't attend the hearing and waited for letter.

 

Letter came on 15th April (dated 14th April) showing debt of 302.14.

 

 

Letter said I had 14 days to pay in full or make arrangement.

 

 

Yesterday I phoned up to make arrangement to pay.

I was told the balance was still 302.14 as the £100 I paid was taken off new tax year...

I can't make arrangement to pay as been passed to bailiffs.

 

The letter I received stated I had 14 days to pay in full or to arrange payment but they have not given me that chance to pay.

 

 

I phoned them today after not sleeping and made an official complaint.

Manager called me back.

 

 

As it stands at the moment,

I have set up a repayment plan and the adviser is being disaplined for giving false information.

But the complaints team can take up to 21 days to investigate and recall the debt from recovery

but if the bailiffs contact me I have to pay the bailiff costs in the meantime

and if complaints department find in my favour,

someone (council/bailiffs?) Will reimburse me but they couldn't tell me who.

 

The council lied to me.

They didn't apply the money I paid to the outstanding debt.

 

They passed straight to bailiffs instead of giving me 14 days to pay as specified in their letter and denying me the ability to pay.

 

 

They have been wholly unreasonable and unfair causing me additional impending bailiff charges.

 

PLEASE! What can I do??

 

Edited to add...my complaint has caused a storm apparently said the council manager?

[dx100uk]

they should be putting a hold on the bailiff action

its their call so they can stop it all end of.

 

 

dx

[brassnecked]

Be prepared to send a Formal Complaint to CEO, elected leader and your local council member, citing the maladministration of your account by the Revenues dept that might lead to unneccessary bailiff action

[ploddertom]

Get your local Councillor(s) on board and ask they intervene on your behalf.

[snowallen]

Thanks brassknecked,

I made a formal complaint today and I am happy to complain to anyone that I need to.

 

 

The manager had already listened to the recorded call with the adviser prior to the liability order and so there is evidence that I paid £100 off the debt but he maladministered it. It also confirms that he gave me false information and detrimental advise. The manager apologised and said they are doing all they can to recall the debt from the bailiffs but they cant say if they will contact me and whether i'll be charged in the meantime.

 

 

I did ask if it was common practice for their department to tell us one thing and do another? He said absolutely not but when I then asked why my account had been transferred to bailiffs before i'd even received the notice of liability he couldn't explain.

They told me yesterday that they couldn't take a payment off the liability debt because it had been passed to bailiffs, but the letter I got yesterday said

 

 

"PAYMENT IS NOW REQUIRED IN FULL WITHIN 14 DAYS

alternatively you can contact us on XXXXXXXX where an arrangement for re-payment will be considered"

 

 

I really don't understand how they can do that.

[ploddertom]

The Council are still 100% liable for the actions & charges of their contractor - in this case the Bailiffs - and they can recall the debt. Just remind the "manager" you have spoken to of the Council's vicarious liability.

[snowallen]

Thank you ploddertom. I have arranged to pay the outstanding £202.14 on 1st May (next pay day) I am worried about the unnecessary additional bailiff charges...Im not made of money, if I were I wouldn't have been in this position in the first place.

[renegadeimp]

If it was the maladministration that caused it to go to the bailiffs, then when its recalled, you wont owe anything to them.

[snowallen]

Hi and thanks renegadeimp, I don't know why it was sent to bailiffs when all I've been doing is what they advised and I just want to pay it off as soon as possible. I always thought enforcement was a last option to recover debt. Silly me.

[snowallen]

Update - they phoned me again today.. they have recalled from bailiffs and apologised again.

[lookinforinfo]

That is good news. All credit to you for taking such fast action yourself.

[brassnecked]

Excellent result.

[Bailiff Advice]

When the new bailiff regs came out exactly one year ago, councils were very cautious indeed and even though the regulations had revoked the previous right of the councils to send a '14 day' letter to debtors (warning that a Liability Order had been obtained and would be passed to bailiffs after 14 days) most councils were nonetheless sending the '14 day' letters. With cut backs to council services I am hearing that more and more local authorities are considering WITHDRAWING this procedure for this current (2015/16) tax year and instead, once the Liability Order has been obtained to send the debt straight to the bailiff provider.

 

Worrying times ahead.....