Baliff Charges - Council tax debt

[raaydaar]

Hi all, after a little help here. My mother received a summons for unpaid council tax, I paid the bill for here prior to it getting to court, however it appears that there was an aditional charge of £30 for issuning the summons. She had a visit from the baliffs today, demanding £125 which included a fee of £16.50 for their visit today.

I contacted the council and asked what the remainder of the money was and they told me that £30 was for the council, the remaining £95 was for baliff charges.

 

Can they actually charge £95 for one visit to recover a council tax debt of just £30.

 

I paid the £30 direct to the council today, as I didn't want the people at Brisow & Sutor to get their grubby mits on the £30 and put it towards their charges

 

Thanks in anticipation

[Bailiffchaser]

If you paid the council tax upto the date of hearing you can demand the £30 back. If you paiud after the hearing date then your lumbered with the £30

[raaydaar]

Thanks 4 that, was paid before the hearing, my problem is these idiots are after £95 what can I do?

[sequenci]

those charges are excessive and unlawful.

 

the bailiff should be charging

 

a) £22.50 for the 1st visit

b) £16.50 for the 2nd visit

 

nothing more

 

more info here:

 

National Debtline England & Wales | Debt Advice | Factsheet 02 Bailiffs And Council Tax

[raaydaar]

The baliffs pitched up again today whilst I was there, didn't hear them though as we were chatting in the kitchen of an upstairs flat.This time they left a note advising that they had attended in order to seize goods to the value of the outstanding debt and would come at any time even weekends with a van to collect these goods.Anyway I sent them an e-mail advising them that the payment had been made after their previous visit and we had a receipt to show that. I also advised them that I would send them a cheque for £16.50 which was the amount their chap had said was the charge for his previous visit. Should they make any further attempts to collect this debt by either visiting my mothers property or communicating with her in any way, then I would be reporting them to the relevant stautory authorities and consider legal action for harrassment in pursuing a debt that does not exist.Question:Can they carry on pursuing this debt, even though it no longer exists?Mum isn't very well and this is really starting to get to her

[raaydaar]

The baliffs pitched up again today whilst I was there, didn't hear them though as we were chatting in the kitchen of an upstairs flat.This time they left a note advising that they had attended in order to seize goods to the value of the outstanding debt and would come at any time even weekends with a van to collect these goods.Anyway I sent them an e-mail advising them that the payment had been made direct to the council after their previous visit and we had a receipt to show that. I also advised them that I would send them a cheque for £16.50 which was the amount their chap had said was the charge for his previous visit. Should they make any further attempts to collect this debt by either visiting my mothers property or communicating with her in any way, then I would be reporting them to the relevant stautory authorities and consider legal action for harrassment in pursuing a debt that does not exist.Question:Can they carry on pursuing this debt, even though it no longer exists?Mum isn't very well and this is really starting to get to her

[raaydaar]

Received the following reply to my e-mail:

 

Dear Sir,

We acknowledge receipt of your email, the contents of which have been duly noted.

Please be advised that I have confirmed, with our clients xxxxx Borough Council, that you have paid to them the sum of £30.00.

Two visits have been made to your property. The first visit was on the 05/01/07 where no contact was made (if they did attend on this date, they certainly didn't leave any paperwork to prove to my mother that they attended). The fee for this visit was £22.50. A second visit was then made on the 01/02/07 where again no contact was made and the charge was £16.50.

We have not as yet received your cheque in the sum of £16.50. Therefore your outstanding balance is £39.00.

Under the terms of the Liability Order and the Council Tax (Administration & Enforcement) Regulations 1992, you are liable for payment of the Council Tax plus the costs incurred by both the Local Authority and ourselves.

Payments must be made direct to ourselves in cash, postal orders, or by banker’s draft. Cheques are also acceptable except where payment of a previous cheque sent to us, by you has not been met by your bank.

Payment can also be made by CREDIT or DEBIT CARD by telephoning our office on the above number. (Note: All card payments are subject to a 4% surcharge). Seems a bit excessive

A receipt will only be issued if you send a stamped addressed envelope with your payment. Your reference number is xxxxxxx. This must be included with your payment and written clearly on any letters which you send to us.

We expect to receive your remittance by return, failing which we will have no alternative but to reattend your property for the removal and sale of your goods and chattels, which will incur you in further additional costs.

I'm off down to the council today to get a statement of account from them to confirm when the payment was made, and then off to the court to confirm when the liabilty order was made against mum, so, if the payment was made before the liability order granted then I can get the £30 back and tell the baliffs to get stuffed through the courts

Is this correct?

[raaydaar]

Well I toddled down to the council offices today and it would appear that according to the statements of the account, the outstanding balance was paid on 24th November by cheque, however the £30 charge is for issuing the summons on 30th October, the liability order was granted by the court on 27th November.

Mum wasn't aware of the £30, as she never recived any notification from the council about it. Anyway the council were pretty sympathetic and suggested we write to both them and the baliffs disputing the charge so that no further action can be taken til the matter is resolved and if they find mum liable then we'll just have to grit our teeth and cough up the £39 to Bristow & Sutor