URGENT HELP!! Council paid bailiffs out of my council tax

[Ngs330]

Please help!!

quick background -

I lost my job and fell behind with my council tax. I ended up with a liability order being made against me. i get a new job recently and owed the council £432. I got a letter from Bristow and Suitor demanding council tax plus £75. My dad saw the letter and gave me the money to pay the council.

I went online and paid the whole outstanding amount directly to the council £432.66. I thought all sorted and the bailiffs can go swivel for there fee.

Current problem -

got out a call from Bristow and Suitor. The council have deducted £75 from my payment and GIVEN it to them to pay there fee. Therefore the council are instructing them to collect £75 I currently owe in council tax. Called the council and they say they have a commercial arrangement with B&S. The feel it's is right to pay the bailiff first and therefore I still owe £75 in council tax. I said that's not right as far as I'm concerned I paid the council directly and they are not permitted to pay a third part and I won't be paying. I was then told if I don't pay I will eventually be arrested and could end up in prison

i asked what law or act do the say they are permitted to do this. They just said we have an arrangement with B&S and as they were instructed to collect they have to be paid and I was the bad one attempting to side step the bailiff!!

Can an someone please advise me. Can they do this? Can I fight it? It seem so unfair.

[nemesis45]

Re: URGENT HELP!! Council paid bailiffs out of my council tax

Unfortunately the bailiff is still entitled to the fee and the council has paid it, if you don't pay I would expect more costs /fees to be added to the debt.
You could end up owing far more than £75.00


nem

[Ngs330]

Re: URGENT HELP!! Council paid bailiffs out of my council tax

My argument is the I still owed the debt to the council. I paid it to them. If the third party think they are owe fee surely that is a different matter. Plus surely the council need some legal authority or legislative framework to make a deduction? If the bailiff asserts fees are due they should pursue that separately? So the council can act as collections agent for a bailiff? That CAN NOT be right. They received all the monies due, if they decided to pay the bailiff that's not my problem???

[Kati]

Re: URGENT HELP!! Council paid bailiffs out of my council tax

Section 4.3 of the Taking Control of Foods (Fees) Regulations 2014 - http://www.legislation.gov.uk/uksi/2...ulation/4/made

(3) The enforcement agent may recover under this regulation the whole fee provided in the Schedule for a stage where the amount outstanding is paid after the commencement, but before the completion, of that stage.

As the council had passed the debt over to B&S for enforcement, their £75 Compliance Stage fee was payable :sorry:

[wales01man]

Re: URGENT HELP!! Council paid bailiffs out of my council tax

As you did not pay before receiving the letter from the Bailiffs it says in the law you owe the Bailiffs fee if you argue with the council it will still have been paid and could increase with more fees

[Ngs330]

Re: URGENT HELP!! Council paid bailiffs out of my council tax

Section 4.3 of the Taking Control of Foods (Fees) Regulations 2014 - http://www.legislation.gov.uk/uksi/2...ulation/4/made


As the council had passed the debt over to B&S for enforcement, their £75 Compliance Stage fee was payable :sorry:

But is it right that the council act as collection agent for the bailiff? Surely the bailiff should have been forced to recover the fees independently? It's like I go buy a coffee for £3 then get stopped at the door "we've given the dairy farm £1 from your purchase so now you owe us another £1"

[wales01man]

Re: URGENT HELP!! Council paid bailiffs out of my council tax

Right or wrong in our eyes and yours its law and they were right you have no grounds not to pay unless you want more fees added

[Kati]

Re: URGENT HELP!! Council paid bailiffs out of my council tax

But is it right that the council act as collection agent for the bailiff? Surely the bailiff should have been forced to recover the fees independently? It's like I go buy a coffee for £3 then get stopped at the door "we've given the dairy farm £1 from your purchase so now you owe us another £1"

I'm not saying it's right ... but the Law is the Law :sad:

If you pay the council what is owed AFTER the bailiffs have been engaged then I cannot see a way of disagreeing/disputing the £75 fee. If, however, you get the council to RECALL the debt before you pay it, then the bailiffs don't get to charge their fee

That being said (and [MENTION=30402]Milo[/MENTION] [MENTION=26498]ploddertom[/MENTION] [MENTION=9189]bizzybob[/MENTION] might disagree) ... IF the only thing the bailiffs are charging for is their fees, (IMO) they would have to take you to court to enforce payment. IF (on the other hand) the bailiffs have been paid their fee out of the 'original' council debt that you paid in full, then the £75 owing will still be classed as a CT debt (and therefore the bailiffs will still be able to enforce on the original LO )

K xx

[charitynjw]

Re: URGENT HELP!! Council paid bailiffs out of my council tax

But is it right that the council act as collection agent for the bailiff? Surely the bailiff should have been forced to recover the fees independently? It's like I go buy a coffee for £3 then get stopped at the door "we've given the dairy farm £1 from your purchase so now you owe us another £1"

In your example, the shopkeeper's 'invitation to treat' is followed by your 'offer to buy' the coffee at the advertised price. The shopkeeper then accepts your 'offer', the 'consideration' being the price offered & accepted, which seals the deal. The dairy farm's £1 forms no part of the legal contract which has been negotiated.
How do you equate that with bailiffs & council tax liability?

[ploddertom]

Re: URGENT HELP!! Council paid bailiffs out of my council tax

That being said (and @Milo @ploddertom @bizzybob might disagree) ... IF the only thing the bailiffs are charging for is their fees, (IMO) they would have to take you to court to enforce payment. IF (on the other hand) the bailiffs have been paid their fee out of the 'original' council debt that you paid in full, then the £75 owing will still be classed as a CT debt (and therefore the bailiffs will still be able to enforce on the original LO )

K xx

Having paid the Council direct after a Notice of Enforcement had been sent they (the Council) have done nothing wrong and the fact is that you still have £75 Council Tax still outstanding. To save extra costs - the next that will happen without any notice to you is that a Bailiff may turn up and that will then add another £235 to what is owing. It may not be fair but it is all accounted for within the Regulations.