Basic procedure for collection of Council Tax arrears

[webboc]

Hello

I would be most grateful if someone could point me to the relevant thread or information in respect of the basic procedures of collecting Council Tax arrears starting with the Council issuing a demand for the arrears to a Bailiff removing goods for payment of them.

Please accept my apologies in this matter if this appears to be mundane but I have very little knowledge of the procedure.

Any help would be truly appreciated.

[natweststaffmember]

Re: Basic procedure for collection of Council Tax arrears

Hello

I would be most grateful if someone could point me to the relevant thread or information in respect of the basic procedures of collecting Council Tax arrears starting with the Council issuing a demand for the arrears to a Bailiff removing goods for payment of them.

Please accept my apologies in this matter if this appears to be mundane but I have very little knowledge of the procedure.

Any help would be truly appreciated.

Can I clarify what exactly are you looking at? Do you have bailiffs threatening you? Have you been taken to court over council tax?

[TUTTSI]

Re: Basic procedure for collection of Council Tax arrears

Have a read pf our baliffs guide http://www.legalbeagles.info/forums/...ad.php?t=14113

[webboc]

Re: Basic procedure for collection of Council Tax arrears

Hi

Thanks for your response. Yes, as a single parent family, I have been subjected to Bailiff action and I am trying to discover the process in which the Council and their bailiff have to follow to recover Council Tax arrears.

Would it be helpful to explain the specific circumstances surrounding the bailiff's actions?

Thanks.

[Tools]

Re: Basic procedure for collection of Council Tax arrears

Hi

Thanks for your response. Yes, as a single parent family, I have been subjected to Bailiff action and I am trying to discover the process in which the Council and their bailiff have to follow to recover Council Tax arrears.

Would it be helpful to explain the specific circumstances surrounding the bailiff's actions?

Thanks.

Yes, give as much info and background to your situation as possible.

[enaid]

Re: Basic procedure for collection of Council Tax arrears

Here is what happens up until the bailiffs


If you find your council tax bill in arrears, there are various procedures which will come into play depending on the stage of your arrears. As with all debt problems, the best advice is to tackle it early and seek expert help!
You will firstly get a reminder notice if you are late with a payment, giving you seven days to bring your account back up to date. If you fall behind again, after bringing the account up to date, you'll get another seven-day reminder. You are only allowed two of these reminders a year - a final notice is issued on the third instance. The Final Notice asks for the whole balance to be paid in full and will, again, give you seven days to pay. You'll no longer have the right to pay in monthly instalments by that stage, unless you telephone the council immediately and agree to set up a direct debit. If you don't - or can't - pay that final bill, you'll be issued with a court summons for a liability order hearing. This formal document will inform you of the date that the court will be considering the application and the sum that the council seeks to recover, along with any associated court costs. It's worth noting that this takes place in a Magistrates' Court, so it won't alter your credit rating, in direct contrast to any legal actions taken in a county court.
It is your right to attend the hearing and give any evidence as to why you believe the liability order shouldn't be granted, or you can accept it and not need to attend. The court can't take into account your actual ability to pay the bill and court costs however, simply your liability towards them. For this reason you'll need to speak to the Council again afterwards to arrange a repayment plan.
If you don't stick to the repayment plan, the council is legally able to have money directly taken from your earnings or benefits (known as attachment of earnings or benefit). They can also call in the bailiffs, which may add considerable additional costs to your outstanding debt - or they can make a statutory demand for your bankruptcy or even have you sent to prison for failure to pay.

[webboc]

Re: Basic procedure for collection of Council Tax arrears

Hello everyone

Thanks for your help so far.

My story is that my mum came to visit me and we both went out together. Later that evening whilst we were out, a bailiff came and put a levy distress notice on my mum's car and clamped it (I am the debtor and not my mum). He had pushed a form through my letterbox that showed my mums car make and model and registration number on the inventory part. The bailiff had crossed out the walking possession agreement part of the form and then he signed and dated it. My mum and dad were both indeed distressed by the bailiffs action and had a torrid time the following day in trying to get the wheel clamp removed as the bailiff was going to take away my mums car later that day to sell at auction. Can a bailiff do this?

[Amy]

Re: Basic procedure for collection of Council Tax arrears

Can a bailiff do this?

Absolutely not. A bailiff can only remove goods belonging to the debtor and presumably as you Mum does not live with you she is not named on the Liability Order.

What was paid to the bailiff to remove the clamp? Have you written to complain?

[webboc]

Re: Basic procedure for collection of Council Tax arrears

Hi Amy

Thanks for your reply.

My dad and mum wrote letters of complaint to the council and sent them to council via email at 7.30am the follow day. The council simply ignored their complaints and passed them later to the bailiff. In the end the bailiff would not release my mums car until she faxed her V5 form to him which my dad did. The council later claimed that the bailiff could clamp my mums car as my neighbour told the bailiff that I was the owner of the car. However, my neighbour said he did not say this to the bailiff. The council also claimed that the bailiff could seize the car under the law case of Observer ltd v Gordon. I find this whole matter awful as my mum requires her car as she suffers from a life threatening disease. Could the bailiff seize my mums car without any notice and/or agreement?

[Ellis27]

Re: Basic procedure for collection of Council Tax arrears

I found this

OBSERVER LTD V GORDON (1983)

In the legal case of Observer Ltd v Gordon (1983), this case shows that it is “not reasonable” to expect the bailiff to make enquiries as to ownership.
This case ruled that if a bailiff has a reasonable belief that the goods that he lists on a Walking Possession are owned by you, then these goods can be seized.
This ruling applies not only to items within the household but to motor vehicles as well.
To conclude, the onus of proof is on you….not the bailiff, to prove that the goods are not yours. Our advice would be to ensure that you have copies of receipts available.



Seems unbelievable that bailiffs can act in this way.

[webboc]

Re: Basic procedure for collection of Council Tax arrears

Hi Ellis27

Thanks for your contribution. It states that the "bailiff has reasonable belief that the goods that he lists on a Walking Possession are owned by you." The bailiff put my mum's car details on the inventory part of the form, scribbled out the walking possession agreement part, signed and dated it and pushed it through my letter box whilst we were out. When does this agreement become an agreement as neither my mum or I signed it and what belief did he have that it was my car other than some invented story he claims to have got from my neighbour? Does this mean a bailiff can seize all the cars in a street because he has reasonable belief that one may belong to the debtor? I am confused.

[Amy]

Re: Basic procedure for collection of Council Tax arrears

As Ellis has correctly quoted; "To conclude, the onus of proof is on you….not the bailiff, to prove that the goods are not yours."

This does not mean to say that they can presume any and every car parked on your drive is yours. How can you prove or disprove anything unless you asked first? They must give you the opportunity and they did not.

Have the charges for this levy been refunded?

[webboc]

Re: Basic procedure for collection of Council Tax arrears

Hi Amy

My dad managed to get the car released by producing the V5 form for it. However, I believe the bailiff has not withdrawn his charges for seizing my mums car and added them to my account. So, it appears that the bailiff can come again and seize my mums car again if it is parked outside on the road, add charges etc., and then walk away again.

[Amy]

Re: Basic procedure for collection of Council Tax arrears

Hi Amy

My dad managed to get the car released by producing the V5 form for it. However, I believe the bailiff has not withdrawn his charges for seizing my mums car and added them to my account.

This is an invalid levy and the charges need to be returned.

So, it appears that the bailiff can come again and seize my mums car again if it is parked outside, add charges etc., and then walk away again.

No he cannot. Particularly since he now know the vehicle does not belong to you. You must have the bailiff return these charges to you.

[webboc]

Re: Basic procedure for collection of Council Tax arrears

Thanks Amy, I will confirm that the charges have been added to my account and hen I will challenge them.