Urgent help please! Bailiffs chasing me for a paid debt!!!

[drjwebb]

Hi, can anyone advise me!!!? i've been having a battle with CER uk bailiffs for a council tax debt that i have already paid!!

 

Today i have recieved a notice to remove good under a magisterates court liability order and also it says if i dont pay i may be committed to prison!!!

 

Trouble is i have already paid this debit... it was combined with another debt but under a new account number and they are refusing to accept this.... I have written to them about 4 times regarding this and sent all the relevent letters of proof along with all the relevent account no's but they just keep on!!!

 

The fact is that i have actually overpaid them by £100 as when they first contacted me i didn't have the relevent documents to hand so i made payment towards it of the £100, then realised i'd already paid it!! They are also refusing to acknowledge that!!

 

I'm just at my wits end with all this and just don't know what to do?? HELPPPPPPPP!!!!

 

Darren:-x

[powelll]

OK deep breath. Firstly you can only be committed to prison for ctax non payment if the council prove wilful refusal to pay or culpable neglect. Neither of these will refer to you.

 

Bailiffs cannot force entry into your property the standard advice is don't let them in keep doors windows shut & locked ( as they can gain 'peaceful' entry via unlocked doors windows even if shut ).

 

Ask the council to take the debt back from the bailiffs - they do have discretion to do this even if they say no. Get your local councillor involved if you have probs with this. I would look at writing a formal letter of complaint to the council, keep a copy send recorded delivery, the next route is to go to the Local Government Ombudsman for further action against the council.

 

I hope this helps as a starting point

 

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

[drjwebb]

ok, i've calmed down a bit now lol.. :o thanks for your help... So what sould i do about the £100 i've overpaid?? i threatened in my last letter that i would take them to the county court to get it back... Should i go ahead and do this??

 

Thanks again

[The Watcher]

YES !

 

Firstly, send a Subject Access Request for a full breakdown of their fees and charges etc (get them to "admit" where they stand before you proceed to the Court).

[drjwebb]

ok... but do i take the bailiff to court or the council?? bearing in mind, the bailiff must have paid the £100 to the council..

 

Thanks for all your brilliant advice..

Darren

[The Watcher]

ok... but do i take the bailiff to court or the council?? bearing in mind, the bailiff must have paid the £100 to the council..

 

Thanks for all your brilliant advice..

Darren

 

I'll bet you that £100 that that money never went anywhere near the Council !!!!

 

It's the bailiff firm that you need to take action against (but always pressuring the Council too, as they work for them).

[drjwebb]

Really!! i'm shocked... Well i'm going to the council offices tommorrow morning to see if i can get any joy from them to get this sorted and if not, theres going to be trouble!!

 

Cheers.

[drjwebb]

Another quickie....... Can the balif take away my car????????

[Saffronflowers]

YEs they can - but you say that you owe nothing, so they would really be shooting themselves in the foot if they tried.

 

SFx