bailliff and ctax debt

[merlin100]

Hi all,

 

 

just had a call from my stepdaughter.

 

 

A bailiff is on his way within the next hour re unpaid council tax.

This is the first Ive heard of it so looking for quick advice.

 

Seems shes had a few warnings from the council and done nothing but I have to stop the bailiff if I can.

 

Shes a single parent with a five years old son.

 

The bailiff is refusing to take a part payment, or any payment by cash, insisting it must be paid via debit card.

Why would he say that?

 

Ive told her to lock her doors and windows and draw the curtains so he cannot see inside.

 

Can she insist the council take this back even though shes stupidly ignored it up to now?

 

Is there anything else we can do?

 

Thanks all

[unclebulgaria67]

Hi all, just had a call from my stepdaughter. A bailiff is on his way within the next hour re unpaid council tax. This is the first Ive heard of it so looking for quick advice.

Seems shes had a few warnings from the council and done nothing but I have to stop the bailiff if I can.

Shes a single parent with a five years old son.

The bailiff is refusing to take a part payment, or any payment by cash, insisting it must be paid via debit card. Why would he say that?

Ive told her to lock her doors and windows and draw the curtains so he cannot see inside.

Can she insist the council take this back even though shes stupidly ignored it up to now?

Is there anything else we can do?

Thanks all

 

Cars off driveway, garages, sheds locked. Doors locked. She does not have to speak to anyone who attends. There is no right of forced entry. If she speaks to them, they will attempt to gain peaceful entry and a controlled goods agreement.

 

If she has had notice of enforcement, plus previous letters from council, it will be difficult to get this back to tbe council, even if there was a major issue of vulnerability. She really needs to work out her income and expenditure details, plus what lump sum amount is available to pay an amount now. Make an offer to the enforcement company in writing with a copy to the council.

[merlin100]

Hi uncle, thanks for the quick reply.

 

Ive just been trying to find out more.

 

First thing is she owes £375 to the council.

 

Shes borrowed the money off a friend to pay this.

 

Secondly, reading up on this,

it would appear that the bailiff must give at least 7 clear days notice before he attends her address.

 

She insists she has had no notification from any bailiff whatsoever, either letter or phone call.

 

Does that mean he cannot charge the initial £75 attendance fee?

 

Oh yes, and would it be better if she could pay the council directly?

 

Just nipping out to put the money in her bank account.

 

 

Back soon.

[unclebulgaria67]

Hi uncle, thanks for the quick reply. Ive just been trying to find out more. First thing is she owes £375 to the council. Shes borrowed the money off a friend to pay this. Secondly, reading up on this, it would appear that the bailiff must give at least 7 clear days notice before he attends her address. She insists she has had no notification from any bailiff whatsoever, either letter or phone call.

Does that mean he cannot charge the initial £75 attendance fee?

 

Yes the enforcement company have to send notice of enforcement giving 7 days and if they never sent this then it is arguable no fees are due to them. Of course they will say the notice was sent and it is not their problem it was not received, so they will want compliance and enforcement visit fees. Complaint to council about no notice of enforcement being received.

 

Oh yes, and would it be better if she could pay the council directly?

 

She could do that and then it is an argument about what fees are due to the enforcement company. She may have to pay them the £75 compliance fee, even if the notice of enforcement was not received.

[merlin100]

So would you suggest paying the bailiff and getting a receipt? Im a bit suspicious about him insisting on a debit card payment, I wonder if there is a possibility of him trying to take a further payment some time in the future should he deduct his fees from the initial payment?

[unclebulgaria67]

So would you suggest paying the bailiff and getting a receipt? Im a bit suspicious about him insisting on a debit card payment, I wonder if there is a possibility of him trying to take a further payment some time in the future should he deduct his fees from the initial payment?

 

They should not use a debit card again without a continous payment authority. To do so would break the conditions of whoever supplies their debit card processing.

 

But they will of course split the amount taken, with part to council, part to cover their fees. They want debit card, as once it is aurhorised they know they are getting the money.

 

Up to you whether you pay the agent or the council. Some councils keep the money and some pass it to the EA company.

 

Once you deal with the EA company after the 7 days notice which they will say was sent, then they will expect the £235 enforcement fee.

[merlin100]

Cheers uncle, I guess they can expect what they want then until I see proof that they did send a 7 day notification letter. Im going to tell her to pay the council directly. Lets see what happens from there?

[ploddertom]

If as you say she has ignored notices about this from the Council are you more than positive she has not done imilar with the Notice of Enforcement from the Bailiff? This Notice carries a fee of £75 that may be charged & if not answered then an Enforcement Fee of £235 will apply if the Bailiff attends. You really need to be sure otherwise she could end up in even more trouble than now.

[daverules]

"First thing is she owes £375 to the council.

 

Shes borrowed the money off a friend to pay this.

 

just nipping out to put the money in her bank account."

 

Hi

you stated the above, just curious as to why you have to pop out and put the money in her account as you stated she

borrowed it from a friend? What happened to that money that was meant to pay for the outstanding

council tax?

 

Not having a go or trying to ruffle your feathers but as Plodertom advised " If as you say she has ignored

notices about this from the Council are you more than positive she has not done similar with the Notice of Enforcement from the Bailiff?"

Regards

 

[merlin100]

Hi guys, sorry I couldnt get straight back, had to go to work. Well its all pretty academic now, shes paid the bailiff. Daverules - I had to put it in the bank as she borrowed it in cash and the bailiff would only take a debit card payment, I dont know where or who she borrowed it from and consider it best not to ask! Plodderton - shes one of those people that might not be very good at paying her council tax, but she is a very truthful person in respect of she always gives her honest opinion whether one likes it or not!Shes ruffled quite a few feathers over the years - especially her mothers, so yes, I tend to believe her!

Anyway guys, thanks for all your help. Its appreciated.

[daverules]

OK merlin I hope it go's well for you and your daughter.

 

Regards

[Bailiff Advice]

Everyday I receive endless enquiries from the public and one of the most common questions is: "Can I ask the council to take the debt back from the bailiff"? It is a strange question to receive given that in almost all cases......the debt had been with the court or the council only about a week or two earlier and had effectively been ignored. In other words, most are trying to say.....I would like another chance to deal with this debt with the council !!!

 

It is the case that most local authorities will NOT want to have a warrant or debt returned back to them unless there are very serious 'vulnerability' issues. A warrant will rarely be accepted back in the case of everyday 'vulnerability' given that since April 2014 (when the new regulations came into effect) most enforcement companies now have a dedicated 'Welfare Department'. In fact, having a 'Welfare Dept' with trained staff is a strict requirement under most local authority tender documents.

 

In your stepdaughters case, if she has made payment to the local authority then it is usually the case the the payment will be forwarded by them to the enforcement agency so that they can deduct their fees in accordance with legislation. Full details can be read here:

 

http://www.consumeractiongroup.co.uk/forum/showthread.php?453047-Bailiff-enforcement-Setting-up-a-payment-arrangement-and-whether-you-can-pay-the-court-or-the-council-direct

[Bailiff Advice]

Hi guys, sorry I couldnt get straight back, had to go to work. Well its all pretty academic now, shes paid the bailiff. Daverules - I had to put it in the bank as she borrowed it in cash and the bailiff would only take a debit card payment, I dont know where or who she borrowed it from and consider it best not to ask! Plodderton - shes one of those people that might not be very good at paying her council tax, but she is a very truthful person in respect of she always gives her honest opinion whether one likes it or not!Shes ruffled quite a few feathers over the years - especially her mothers, so yes, I tend to believe her!

Anyway guys, thanks for all your help. Its appreciated.

 

Pleased to hear that this is sorted out now. I think all of us were just worried in case her actions led to her incurring an enforcement fee of £235.