Council tax and Bailiff problems

[hammermitch]

Hi

I am having problems with my council tax that are very complex and lengthy so i wont go into full details on here, but basically i am at the 2nd stage of complaint with the council and have just recieved a reply.

Bailiffs have called on their first visit, Reventus, i was not present, they posted a letter through my door and stated that their charges were £213 for this visit, as they had levied on a satelite dish, i have pointed out that my property is rented and as such the dish belongs to the landlord,

However on a more serious note, while i was complaining to the council, i also complained to my local councillor and local mp, i also complained to the LGO but they stated that the council should have a second and final chance to answer my complaint, i have just recieved the councils answer and in their reply, the councils complaints co ordinator, has emailed his response to all concerned including the LGO and MPs, but in his response he has declared that i have a criminal record for benefit fraud years ago, is he allowed to do this? he has just sent an email declaring my criminal record?

I would like to know where i stand on this before replying in full to the LGO, and is there any other action i can take?

Many Thanks

[Guest]

Re: Council tax and Bailiff problems

Your complaint should be made to the Information Commissioners Office, on the grounds The councils disclosure of the complainants criminal record is impertinent to the complaint in hand.

The ICO might weedle out of the complaint by availing the council to Section 29(5) of the Data Protection Act 1998.

[Bill-K]

Re: Council tax and Bailiff problems

Hi and welcome to you, HammerMitch. I lurved your response to the levy on the sat. dish - I guess that's a regular trick of theirs. Nice 'parry,' if I may say so !!!

Interesting angle on the apparent 'publication' of your earlier record by this council official. Your openness deserves a better reply than I can give you myself, and I'm sure you'll get one soon from my more learnéd colleagues !!!

But to open the batting (yeah, I know - that's cricket, not fencing !!!) - this seems like a possible Data Protection Act (DPA) issue, regarding the email disclosure. Firstly, I guess, we need to establish whether or not a criminal record is regarded as 'Public Knowledge' - or 'Protected Data.' I'm not sure about that, myself.

What I do know is that, as a taxi driver, I have to repeatedly declare the fact that I was 'done' for 'TWOC'-ing a car way back in my teens - every year, as part of my Enhanced Disclosure declaration. Presumably, I have to do this because such data is NOT available for public perusal. If so, then a breach of the DPA by a council official seems like a possibility in your case.

Just thinking aloud, though. It annoys peeps...!!!
------------------------------- merged -------------------------------
LOL - our resident Concorde driver got there before me !!! Good stuff, "Mr Trubshaw" !!!

[hammermitch]

Re: Council tax and Bailiff problems

Thanks for the swift and informative replies so far, just wondered where to go with this, should i now just forward all the details including the council employees disclosure of my criminal record to the LGO?

or can i take further action regarding the DPA and ICO?

Many thanks

[Bill-K]

Re: Council tax and Bailiff problems

My personal thoughts are that you need to decide on what you want from this altercation. Focus on that, and then use the weapons you are finding as you go along. If what you are going through is owt like my experience, then you need to get the bailiffs off the case. What worked for me was to get the Council (their paymasters, after all) to call the rottweillers off. BUT - I made it clear to the bailiffs what I was doing.

Guess what ? "No Gain - No Pain !!!" Basically, if you can convince the rottweillers that they're not getting even an ounce of flesh, then they will go away. Get the Council to call them off, and call their bluff as well, I reckon.

They do NOT like to work hard for their living !!!

Just the opinion of a layman here - but I've got the scars.

HTH.

[charitynjw]

Re: Council tax and Bailiff problems

The curious case of the bailiffs & the doormat spring to mind!

http://www.dailymail.co.uk/news/arti...return-it.html

You can get satellite dishes (inc fixing kit) on ebay for about £20

http://www.ebay.co.uk/sch/i.html?_fr...All-Categories

[Bill-K]

Re: Council tax and Bailiff problems

LOL - a b100dy doormat !!! Brill, Chaz !!!

[Guest]

Re: Council tax and Bailiff problems

or can i take further action regarding the DPA and ICO?

Probably not.

You do have redress for the satellite dish, start the complaints procedure to get it resolved.

[HEAD OF REVENUES]
[NAME OF] Council
[ADDRESS & POSTCODE]

[DATE]

Dear sir.

FORMAL COMPLAINT

BY POST AND BY EMAIL

Re: Council tax [ACCOUNT NO.] & [amount AS SHOWN ON THE LIABILITY ORDER]

I make this formal complaint because I received bailiff from you on [DATE] collecting the aforementioned Council tax and demanded the sum of £213 for visiting me and I have paid him [AMOUNT] plus [AMOUNT] in bailiffs fees.

I was not at home at the time of the visit, but your enforcement contractor levied on a satellite dish fixed to the outside of the property, and charged a fee of £213 for the distress. The levy is invalid because it is a non-moveable item, and it is the contractual property of [NAME OF SATELLITE TV COMPANY].

In any event, the bailiff cannot levy distress on ANY goods in my absence: Ambrose vs. Nottingham City Council, On Appeal, and the bailiff is not entitled to remove goods in the debtors absence: Khazanchi & Anor v Faircharm Investments Ltd & Ors [1998] EWCA Civ 471

I understand a criminal records check was made on me by the council, which has no relevance to my previous complaint [REFERENCE] that was made on [DATE].

To resolve this complaint:

1. Return the case to council administration.
2. Refund the levy fee £213 to me within seven (7) days.
3. The council makes the necessary investigation why I was over-charged.
4. Do the necessary work to ensure the person responsible for over charging me is made accountable under both, civil law and criminal law and the investigation is made objectively and professionally.
5. Explain what regulation the council followed when making a criminal records check on the complainant. If none, explain the grounds why the check is lawful.


If you are unable, or unwilling to resolve this complaint in full, please mark your response letter with the words FINAL RESOLUTION and I will ask the Local Government Ombudsman to intervene.

Yours Sincerely.

[NAME]
Encs. copy of bailiffs document.

[hammermitch]

Re: Council tax and Bailiff problems

Hi

Thanks for the reply and the drafted letter, the problem being that the council have already finalised their complaints procedure, the letter disclosing my criminal record was from their complaints co ordinator and was the 2nd stage of complaint and classed as their final resolution, this letter was also sent to my local MPs and the LGO as i had already contacted them

Do i now just continue with the LGO and send all setails to them? can they investigate the fact that my criminal record was sent to so many people? and can they also investigate the bailiff and their charges and actions?

Just to add that so far that was the only visit from the Bailiff, that was their first contact and i have made no payment

Many Thanks

[labman]

Re: Council tax and Bailiff problems

Thanks for the swift and informative replies so far, just wondered where to go with this, should i now just forward all the details including the council employees disclosure of my criminal record to the LGO?

or can i take further action regarding the DPA and ICO?

Many thanks

Yes - it would not be a bad idea to continue to copy in your local councillor and MP.

Re The DPA and the ICO, I think you may well have cause for complaint. The information may be very well buried in public records, but that is not the point. What is the point is they brought up this data and published it with a clear view to damaging your reputation.

I think it would also be worth a letter to the CEO of your council stating that his employees have left the council wide open to serious litigation. As the disclosure was intended to weaken your case by damaging your reputation, a court of law could quite possibly consider this to be defamatory and libellous. What does he intend doing about this?

[Guest]

Re: Council tax and Bailiff problems

Thanks for the reply and the drafted letter, the problem being that the council have already finalised their complaints procedure,

No, this is a whole new complaint. The above letter sets the grounds, and the resolution.

The council will find it hard to find a reason not to comply.

A reason why complaints fail is the complainant write long essays in their correspondence, which can be confusing, and the complaint fails.

[labman]

Re: Council tax and Bailiff problems

It is better to exhaust the current complaint. Making a whole new complaint is likely to elicit the response of, "We refer you to our later dated dd/mm/yyyy in which we addressed your earlier complaint about this issue."

[hammermitch]

Re: Council tax and Bailiff problems

my original complaint about the council was due to the fact i had won an appeal and the council tax i owed was wrong and also to do with the behaviour of the bailiff,

this new letter and email disclosing my criminal record only came out in the councils final response to my complaint, therefore i have as yet not complained to anyone over the criminal record disclosure, the email/letter was also sent to local MPs and the LGO.

so as such i have yet to complain regarding that letter to the council, should i now just add that to the response to the LGO? does that letter and disclosure from a senior council employee count as maladministration?

Not sure now if i should have posted this in the council tax forum however the complaint to the LGO also includes bailiff behaviour