Council Tax Bailiff Companies

[scedminc]

Hi, I hope someone can help me i have a very simple question that no one seems to want to answer. I have even asked the OFT who refuse to coment just refer to a leaflet.

My question is:

Does a bailiff company that collect debt for council tax have to hold a consumer credit license?

I ask this as i am getting hassled by a company that has an expired license. The council have responded to my complaint by saying that as it is a local taxation debt and not a consumer credit debt then they do not need a license. If they do need one is there anywhere i can find this information in black and white that can be used as evidence in court as i wish to sue the bailiff company and council?

Many thanks

Steve

[Paule]

Re: Council Tax Bailiff Companies

My initial though would be that, if they are offering credit facilities they do, but they are not as they are just collecting the money owed.
ie the Council would have provided the credit facilities, the bailiff hasnt lent you any money and is only collecting it.

So my answer would be they dont need a consumer credit license.

Someone else may have more detailed info though, so dont rely solely on my info

PKea

Also moved thread to Bailiff section

[Amy]

Re: Council Tax Bailiff Companies

For what reason do you want to sue the bailiff company and the council for?

[scedminc]

Re: Council Tax Bailiff Companies

Thanks. According to the OFT if you cellect debt then you need a license but as the council have said it is not a consumer debt does this apply. The OFT wont comment and it appears to be a grey area. I wish to sue as the council are responsible for the actions of anyone they employ to carry works for them. Without going into too much detail i feel that due to the actions of the bailiff company and the council not taking my complaints serious my partner suffered from pre-eclamsia and my daughter ended up being born at premature.

[Amy]

Re: Council Tax Bailiff Companies

It would appear that anyone trading in debt recovery must have had at the time of collection a Category E Consumer Credit Licence pursuant to Section 21(1) of the Consumer Credit Act 1974.

I think this might have been changed to Category F now, since this is dated July 2008. http://www.oft.gov.uk/shared_oft/bus...ces/oft147.pdf

The council doesn't need a licence, but the council is responsible for the bailiffs. If they don't have the correct paperwork or the bailiffs are not certificated, then make a complaint in writing.

[scedminc]

Re: Council Tax Bailiff Companies

Thanks Amy for that. I have found this information before and the OFT just refer me back to it and wont give me a clear answer. My problem is that although they collect a debt i want to be sure that as it is a tax debt and they acting on a warrant issued by a court do they still need to hold one. Im starting to think that this is a big grey area and no one wants commit to an answer legally lol.

[Guest]

Re: Council Tax Bailiff Companies

If the bailiff company has acted illegally, then whether or not they have a consumer credit license will be the least of their worries.

Regarding the OFT, they published guidance on debt collection and will withdraw Consumer Credit Licences from bailiff firms who allegedly fail to comply with the guidance even when fully complying with the provisions of the National Standards for Enforcement Agents. In essence, the OFT, whilst accepting that the guidance only applies to the collection of consumer debt, makes clear that any unfair or inappropriate action by a bailiff, regardless of whether it relates to the collection of consumer debt or otherwise, will be considered by the OFT as “...evidence relating to the fitness to hold a Consumer Credit Licence.”