Council tax liability order & bailiff charges

[JimmyBob]

Hello,

I'm currently being hounded to pay some outstanding council tax from oct-dec 2010 this is from when I was on JSA and receiving housing benefit. I've tried, quite some time ago to reason with the council pointing out I was on JSA and housing benefit, and even council tax benefit before they stopped it in december for no discernible reason stating I had to pay.

Fast forward to now, I no longer live at the property but my friend is and is worried sick about this as the bailiffs have been round. She hasn't let them in, but they claimed they'd be round today to seize goods (although no notice of seizure, or inventory has been issued yet). I've found the Council Tax liability order is for £93.50 but the bailiff is asking for ~£350. I've check with the council and the liability order is indeed for 93.50, so the bailiff has added over £200 of charges, after two letters and one visit.

Can't I just pay the £93.50 and ignore the charges? I suppose the cheapeast option would to contact my local benefits office and have them confirm I was indeed on jsa and housing benefit during those three months. Having tried that before and getting nowhere I'd rather just pay the outstanding CT, but no way am I paying £200 for 2 letters and one visit.

Thoughts?

[ploddertom]

Re: Council tax liability order & bailiff charges

Was your friend living there at the same time you did? If so were you living as a couple? Who is named on the Liability Order?

[JimmyBob]

Re: Council tax liability order & bailiff charges

Was your friend living there at the same time you did? If so were you living as a couple? Who is named on the Liability Order?

Yes, they were it was a couple but both were students (there were three of us in the property if that isn't clear) with valid CT exemption forms at the time. The liability order is against myself and one of them, they have informed the bailiff of this. The bailiff said that it would take a week to confirm that he was a student at the time with the council and that they would still need to impound goods today anyway.

I believe that to be utter rubbish and just the bailiff trying to add more charges to the pile, as they have yet to show them the liability order, or a notice for the extraction of goods, or an inventory of goods they plan to take. I've told my friend to get a letter from the university with the relevant dates of when he was a student and hand that in to the council (who already had his CTEC at the time, so why his name is on it I've no idea) , rather than wait a week for the council to contact the university for the same thing. The bailiff is from newlyn debt collectors, whom from a bit of cursory googling have a rather bad reputation for scare tactics, misinformation and general underhanded tactics.

I'm rather annoyed at my former flatmates aswell, I moved out of the property over 10 months ago now. They must have received letters about this and noticed one of their names was also on correspondence. Why they only tell me now, when the bailiffs are knocking at the door is an annoying mystery.

[ploddertom]

Re: Council tax liability order & bailiff charges

You need to check with the Council the exact dates they are claiming payment is due for. Councils are notorious for getting the dates all mixed up & charging folks for periods of time when they were not liable.

As for Newlyn, despite anything they say they have no automatic right of entry and I would advise they are not invited in. If possible any conversation should take place through the letterbox or an upstairs window and where possible record the conversation. Do not speak to them on the phone unless agin the call can be recorded. Providing you keep them out or otherwise prevent them making a levy on goods outside the fees they charge can be capped at £42-50. They may try and levy on any car that is parked outside then invite you to prove you don't own it but face that if it happens.

If you are liable for the payments then you are better off paying the Council direct using online banking, Council website or automated phone. Best paid weekly - £10 every Thursday for example. This quickly builds a payment history and willingness to pay.

[JimmyBob]

Re: Council tax liability order & bailiff charges

After talking to my former flatmates they have indeed tried to levy on a car they don't own. I plan on reconfirming the dates for the council tax I owe, but if it is correct, I'll pay the council directly. Also if my flatmate does prove the council that he was a student and thus council tax exempt at the time, would his name be removed from the liability order? If his name is indeed removed then would I still be liable for the bailiff charges considering I haven't lived at that address for a year and therefore had no idea about letters/visits I am being charged for, would the bailiffs still have the legality to demand the money for the charges they have added
Thank you for the swift response, this is a massive help

[ploddertom]

Re: Council tax liability order & bailiff charges

Take it a step at a time and see what happens.

You need to speak to someone at the Council and ask the following questions:
1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

You should also send off to the Bailiffs for a proper breakdown of their fees, use Letter 1 http://www.legalbeagles.info/forums/...Useful-Letters