Bailiffs round for Council Tax Bill I was unaware of

[HellasVerona]

Hi!
Tale of woe I am afraid and I need some advice.
Purchased and lived in flat between 2005 and 2010. Moved out and let it out as I moved to a bigger place that I rented out. Moved again in 2018 and continued to rent as I moved back up north.
Tenants in my original Flat moved out in June and I sold Flat in July. As I was paying Council Tax in the North it never occurred to me that I would be responsible for Council Tax in myproperty in the south - that was empty while the sale was going through. I carried on collecting post from the address on a monthly basis and paid ground rent and standing energy bills.
I was upset and astonished when bailiffs knocked on my door with a bill for £1600 last week from empty property - (from actual bill that is only £1100 - with their charges on top).
In a nutshell -
- Bills were not sent to the property address
- Council asked letting agents for my address and they gave them the wrong address (my old intermediate one)- so correspondence and bailiffs all went there.
- Return to sender from old address was received by Council in July but no further checks were made that that address was correct - so court summons and bailiffs were sent there (letting agent had my new address, phone number and email - but person they spoke to must have given them wrong address by mistake)
- Bailiffs on discovering actual address didnt give 7 days written notice before attending my house - they just turned up.

I have called Council and explained situation and they have been understanding and put bailiffs on hold. My sale is FINALLY going through next week so new bill will be sent with March taken out.

QUESTIONS - Have the Council done necessary checks before sending out court summons and bailiffs? Why didnt they take "return to Sender" from that address into account? Why didnt they send bills to actual property for which the council tax is payable? Should council now take over my bailiff fees?

I accept liability for the council tax (you live and learn) but am angry and upset at the sudden bill and exorbitant bailiff fees.
Any advice much appreciated.

cheers
CP

[echat11]

Hi Hella

First thing to do, is send the Council a Subject Access Request, they have 30 days to provide you with all the data they hold.
Make sure you get Proof of Postage. See what that throws up, it might show what's gone wrong.

Second thing to do is send a Subject Access Request, they have 30 days to provide you with all the data they hold.
Make sure you get proof of Postage.

https://legalbeagles.info/library/gu...ccess-request/

Everyone wants to deny responsibility, but someone is responsible.

You will be able to check if Data Protection Principles has been breached. You can check with the ICO once you have facts at hand.

Yes from what you say, the Council has to take ownership and should recall the debt, with facts to hand, you'll be able to achieve this, you might be entitled to compensation for the distress caused from Council / letting agents.

[HellasVerona]

That is excellent advice. Thanks ECHAT11 - i will do just that

[echat11]

That is excellent advice. Thanks ECHAT11 - i will do just that

Make the SAR a general one, just say it's for your records, don't specify dates etc.

[HellasVerona]

Hi - I am awaiting response to my Subject Access Request. I told the Council that Bailiffs did not give any notice to me before turning up at my (correct) address to seize goods. Here is their response -

"The Enforcement Agents did send a 7 day notice to the address they had on file which was xxxx xxxxxx, they then conducted tracing enquiries and located your current address. For more information on the work they have carried out please contact them directly.

Please note that a Liability Order does not affect your credit file.

Therefore, recovery action has been taken correctly on the account and the costs remain payable. The case was passed to xxxx PLC for collection correctly and they have carried out work to collect the debt so are also entitled to their fees".

I have replied that sending notice to the wrong address is irrelevant and legally their actions by not sending notice to my current address mean that all fees need to be revoked and I am liable for damages. I have given 7 days before I will raise a formal complaint and reserve the right to pursue legal action.

I have also made an offer to pay council tax bill in full within 7 days if the council take back the debt from the bailiffs and remove additional costs.

Fingers crossed that the Council will see sense.... but comments welcome Echatt !

[echat11]

Hi - I am awaiting response to my Subject Access Request. I told the Council that Bailiffs did not give any notice to me before turning up at my (correct) address to seize goods. Here is their response -

"The Enforcement Agents did send a 7 day notice to the address they had on file which was xxxx xxxxxx, they then conducted tracing enquiries and located your current address. For more information on the work they have carried out please contact them directly.

Please note that a Liability Order does not affect your credit file.

Therefore, recovery action has been taken correctly on the account and the costs remain payable. The case was passed to xxxx PLC for collection correctly and they have carried out work to collect the debt so are also entitled to their fees".

I have replied that sending notice to the wrong address is irrelevant and legally their actions by not sending notice to my current address mean that all fees need to be revoked and I am liable for damages. I have given 7 days before I will raise a formal complaint and reserve the right to pursue legal action.

I have also made an offer to pay council tax bill in full within 7 days if the council take back the debt from the bailiffs and remove additional costs.

Fingers crossed that the Council will see sense.... but comments welcome Echatt !

Clearly the Council is backing the Enforcement Agents, although the facts that you have is different. So good move, see what they come back with.

[HellasVerona]

Hi ECHATT11 - Good news. The Council and Bailiff were standing firm but the Subject Access Request revealed that the Estate Agents had given the Council my email address for charges and fees 3 years ago - but they never used it. So they have agreed to waive all fees and charges. Very pleased I stood my ground. Still annoyed about Bailiff actions and no Notice of Enforcement and may take that to Ombudsman on principle....
But thanks for your advice

[echat11]

Hi ECHATT11 - Good news. The Council and Bailiff were standing firm but the Subject Access Request revealed that the Estate Agents had given the Council my email address for charges and fees 3 years ago - but they never used it. So they have agreed to waive all fees and charges. Very pleased I stood my ground. Still annoyed about Bailiff actions and no Notice of Enforcement and may take that to Ombudsman on principle....
But thanks for your advice

That's great news, complain to the Council, that the whole situation has caused you stress and that you seek compensation.
See what they say, if you are unhappy with their response, complain to the LGO, once you get your final response / deadlock letter.

https://www.lgo.org.uk/

[HellasVerona]

22 001 485 - Local Government and Social Care Ombudsman

Just an update ECHATT11 - Ombudsman ruled in my favour re the lack of a NOE. Got compensation and council and Newlyn's told to reform practices. I am following to try and ensure they do.
Very satisfying! thanks for your help

[echat11]

22 001 485 - Local Government and Social Care Ombudsman

Just an update ECHATT11 - Ombudsman ruled in my favour re the lack of a NOE. Got compensation and council and Newlyn's told to reform practices. I am following to try and ensure they do.
Very satisfying! thanks for your help

Well done, great result.

[Jamesson]

hi guys I just wanted to ask if the above process is still valid or if anything has changed. The reason I ask is I have a very similar situation got received some ridiculous replies.

So I'd like to submit a SAR to find out what they hold on their system, I've had to pay the baliifs to resolve the matter for now (I am liable for council tax) in short I set up a DD to pay them and they said that they couldn't take the payment as I was to far behind (couple of months in arrears) despite sending me a DD set up confirmation , they then never took a single penny hence it went to bailiifs

[echat11]

hi guys I just wanted to ask if the above process is still valid or if anything has changed. The reason I ask is I have a very similar situation got received some ridiculous replies.

So I'd like to submit a SAR to find out what they hold on their system, I've had to pay the baliifs to resolve the matter for now (I am liable for council tax) in short I set up a DD to pay them and they said that they couldn't take the payment as I was to far behind (couple of months in arrears) despite sending me a DD set up confirmation , they then never took a single penny hence it went to bailiifs

Yes, do you want to start your own thread. Then we can provide input.