Cheddar's OH Vs Dukes Bailiffs

[cheddar]

Okay almost (and i really am hoping it is almost and not over) 6 years ago my hubby and me got into difficulty with our council tax and subsequently got a summons, liability order etc and made agreement to pay.

 

Now this is where it gets complicated cos we can't really remember what happened in what order, but we either got into difficulty paying and bailiffs got involved and then hubby also got a council tax bill from years ago saying he was living with a friend (or it was the other way around).

 

All the time he lived with the friend he was on Council Tax Benefit and the period of time covered on the bill was from when he didn't live there and was registered for CT purposes at a different address anyway, so obviously we disputed the amount and obviously the fact his friends name was also on it and he didn't live with us, yet his friend hadn't got a bill ??

 

Amonsgt all the arguing with bailiffs and the council we had to pay the bailiffs fees for letters and evenutally a visit (maybe two) I do remember the man coming to make inventory, who I also made a complaint about as he was hideously rude and basically took the pee out of us, sitting there laughing 'haha you got caught'.

 

I cannot remember which debt this was for (ours or the disputed one) but we were charged £100's in fees if i remember rightly. Anyway hubby dealt with his bill and tells me now that the council admitted they were wrong and refunded us but told us to ask dukes for the fees back, but they referred to council and back and forth until we gave up.

 

So I presume I will have to start with a SAR? Is this only sent to Dukes? Or to the council as well? Do I simply amend the template? I will post what I think is best...TIA.

[cheddar]

REF: COUNCIL TAX DEBT (bmbc)

 

 

Please supply me with a complete list of transactions and charges relating to my history with your organization with reference to debt handled by yourselves for Council Tax for [address]/[council]. ??

 

Additionally, where there has been any event in my account history over this period which has required manual intervention by any member of your staff, or any other person, I require disclosure of any indication or notes which have either caused or resulted in that manual intervention, or other evidence of that manual intervention in relation to my business with you.

 

If you are unable to supply this data because there has been no such manual intervention, then please be so kind as to confirm this in your response.

 

I enclose the statutory maximum fee of £10. You have 40 days in which to comply.

 

If there is specific information which you require in order to satisfy yourself as to my identity, please let me know by return. However, please note that the above address is the one which you normally use to communicate my private business to me and which you have hitherto found to be acceptable.

 

Yours faithfully,

 

Do I put any reference numbers? I only have one and I am not really sure which addresses the debt/s covered as we moved a lot at that time! lol! Do I need to put in the part about MI?

 

Could anyone advise pls? Thank you.

[Bailiffchaser]

you need to put sar in. see whatthey say. also write to the council and confirm they were wrong and what their policies are on bailiffs acting on their behalf and also what their comments are regarding the fees bailiffs charge them.

[me_n_my_kids]

Hey Chedder, just wanted to say good luck, get those charges back!!!!

 

Happy new year too x

[cheddar]

you need to put S.A.R - (Subject Access Request) in. see whatthey say. also write to the council and confirm they were wrong and what their policies are on bailiffs acting on their behalf and also what their comments are regarding the fees bailiffs charge them.

 

Oh rightyho, so is the SAR i posted abouve sufficient? Is asking the council to do that getting evidence to help in possibly court claim?

[cheddar]

Is there actually a set rpcedure for this cos I can't see one, has anyone actually gona up against a bailiff in this manner, I have no paperwork on this and it makes it v difficult for me...

[cheddar]

Thank you Karnevil So is the SAR I posted above okay? Presume it is

 

Will have to wait until payday seeing as I'll need £20

 

Thanks.

[Bailiffchaser]

mate check this link and ask any questions later. Read all of the correspondances properly !!!!!!!

 

here is the link :bailiffchaser - Photobucket - Video and Image Hosting

[cheddar]

Thank you i will have a read when i have a moment, its just so complicated with the fact my husband doesn't keep flipping paperwork, now I find hes being chased by B,C&W for something! lol! Grrrr!

[cheddar]

In fact just had a quick look and not sure what it is i am supposed to be lookinf at, theres numerous letters from 3 different organisations addressed to you...?? I don't need any more confusion! lol!

 

I will just send my S.A.R - (Subject Access Request) thanks.

[Bailiffchaser]

You do not need all of your paperwork. Ihave just got mine via the la. As the last thing they wanted was to be dragged in front of a county court judge to explain themselves. Send your sar off (adjust to your specific requirements) wait and then write 2 or three times after the 40 days. say 10 days apart with copies of previous correspondance. send them recorded and ask for a advice of deivery. If the letters are signed for but the signature does not state contents not checked then in law the addressee has admitted the contents of the letter. then issue a n1 and so on. The council trust me will not want to go infront of a judge and explain themselves !!!! Also when you get your sar split it into 2 claims. As if you go over £5000 then costs can be awarded. trust me as i have been all the way which is what you will see from the link provided. a defendant also has till 04/01/07 to either acknowledge or defend the claim. I will be in court on thursday to have the judgement done there and then.

[cheddar]

I don't see how the LA is liable when I am disputing the Bailiffs Fees (I know there is an issue with the mixed up bill with hubby and friend but I will find out about that when I get my SAR back from Dukes I presume).

 

As for going over £5000 theres no way it will get to that, think the fees were around £500...maybe lol!

[Bailiffchaser]

when you go after them. Go for the whole amount. As again the bailiff company will not want to explain themselves infront of a county court judge. Bearing in mind that nasty things can happen when in court.

[Bailiffchaser]

by law the bailiff company and the client are jointly liable for any of the bailiffs actions including fees etc.

[cheddar]

The whole amount? Wouldn't this be avoidance of Council Tax???

[Bailiffchaser]

No this would not. If you go for the whole amount then the council will also indirectly be involved with this. This way you can find out what went to the council and what the bailiff company kept themselves.

[gizmo111]

Send the SAR - when you get your reply come back and we will see how we can help further. Zooman has written an excellent sticky on baliff fees above.

The council couldn't care less about going to court as the fees they add on are court fees and the council tax is due to be paid.

[gizmo111]

by law the bailiff company and the client are jointly liable for any of the bailiffs actions including fees etc.

 

Could you quote which law please BC so we know have for future ref?

Thanks

[cheddar]

Thanks Gizmo

[Bailiffchaser]

Personally your choice how abouts you want to go but i would go for the whole thing. you have paid what you were supposed to. Just remeber how the bailiffs treated you when they came to collect and so on when you recieve your sar.

[cheddar]

Well to be honest I am not going to claim back my council tax as that should have been paid just as everyone else has to pay it. If we could claim it all back surely everyone could let it get to bailiff stage and claim it all back everytime? Thus never paying any Council Tax? I wonder what Law it is that allows this?

[Bailiffchaser]

You have paid your council tax. Its when you sue for the whole amount it will come out of the bailiff companies pockets not the taxpayers !!!

[gizmo111]

You have paid your council tax. Its when you sue for the whole amount it will come out of the bailiff companies pockets not the taxpayers !!!

 

Maybe, althouhg I doubt that will happen but what it the law you refer to in your earlier post?

[Bailiffchaser]

The bailiffs have settled your account with the council. they cannot go back after x amount of years and clinch this back as its their fault they are in this situation in the first place. Also they run the risk of loosing their contract etc with them as well.

[gizmo111]

I still fail to see the basis that you can claim back legitimate council tax paid. The ethos of this site is not debt avoidance.