Bailiff and council tax HELP PLEASE

[Kchat17]

Please could anyone give me some advice for my daughter?

She has council tax arrears with
Hull City Council
the debts are for the years 2021,2023 and 2024
but payments for 2021 and 2023 have been paid and she has the receipts and bank statements for these.
she has now received letters from Duke bailiffs stating that she now owes them the debt and they have added more on top

she has been in touch with the council and was told there is nothing they can do now it's been passed over.

she has also rang the bailiffs to offer a payment of £90per month
and they refused saying they would only accept £160per month
at the least for council tax arrears

Thank you for any advise given

[Cinnamonstix]

To legally challenge the practices of the debt collection company, your daughter can take the following steps:

1. Verify the Debt by requesting a breakdown of the debt from Dukes Bailiffs, including proof of liability orders issued by the council. She should also provide evidence (receipts and bank statements) showing payments for 2021 and 2023.

2. Challenge the Unfair Practices of Dukes Bailiffs for refusing reasonable payment offers or adding excessive fees, and report them to the Financial Conduct Authority (FCA) for non-compliance with regulations.

3. Contact the Council Again and insist on their involvement, as councils remain responsible for errors in debt amounts even after passing cases to bailiffs. The council will always be the principal in the action and the debt collector it’s agent.

4. File a Complaint to Dukes first then if unresolved, you then have the right to complain to CIVEA the debt collectors own standards authority and escalate to the Financial Ombudsman Service (FOS) for mediation. The FOS doesnt look kindly on this type of debt management and may well grant your daughter compensation for unfair treatment which is seen through the law of equity.

Consider taking out an injunction while you are in dispute of the claim.

[Cinnamonstix]

If Duke Bailiffs refuse your proposed payment plan, you retain several rights and options to address the situation:

1. Request Justification: Bailiffs must justify their refusal, as they are bound by the Taking Control of Goods Regulations 2013 to consider reasonable offers.
2. Negotiate with the Creditor contacting Hull City Council [the Principal] directly and provide evidence of your financial situation. Creditors can override bailiffs and accept a payment plan it is unfair and unreasonable to refuse to negotiate.
3. Apply to Court: If this is a County or High Court debt, you can apply to the court to set an affordable repayment amount, bypassing the bailiffs entirely.
4. Seek Advice: Consult Citizens Advice or a debt advisor for support in challenging the refusal and creating a fair repayment plan.

In conclusion, the idea that bailiffs can refuse a payment plan without a good reason is a myth. The legal framework in place ensures that individuals facing financial difficulties have the right to propose reasonable payment arrangements.

[Huxie]

Consider taking out an injunction while you are in dispute of the claim.

On what grounds would the OP’s daughter take out this injunction? What is the process and likely costs?

[echat11]

Please could anyone give me some advice for my daughter?

She has council tax arrears with
Hull City Council
the debts are for the years 2021,2023 and 2024
but payments for 2021 and 2023 have been paid and she has the receipts and bank statements for these.
she has now received letters from Duke bailiffs stating that she now owes them the debt and they have added more on top

she has been in touch with the council and was told there is nothing they can do now it's been passed over.

she has also rang the bailiffs to offer a payment of £90per month
and they refused saying they would only accept £160per month
at the least for council tax arrears

Thank you for any advise given

Do everything in writing.

Lodge a Formal Complaint with Hull City Council, they are chasing for money that's not
owed (you have proof that some monies has been paid).

Their billing is 'incorrect'. The account needs to be returned to the Council.

Email Duke's Bailiffs, tell them that the account needs to be returned to the Council.

Tell them the amount owed is incorrect. If they fail to return the account you will lodge
a formal complaint against them. Start by following Dukes Complaints procedure on
their website.

[islandgirl]

contact your local councillor and get them to help