Bailiff demanding Council Tax arrears, seven weeks after bill was paid

[Bollinge]

I was in arrears with last year's Council Tax, and the matter went to the Magistrates Court.

I paid the arrears in full, but seven weeks later a bailiff from Newlyn plc called round and put a letter through the door demanding £202.91. I had had no correspondence nor any contact whatsoever with this firm, prior to his visit.

I emailed them asking for a breakdown of their charges, and they replied by sending a revised demand for £24.50.

I have written to the Head of Finance of the Council asking why bailiffs were sent in after the bill was paid, and was he aware that Newlyn are ripping peope off with demands for £202.91. I await his reply.

I then had a further letter from Newlyn, reiterating their demand for the visit fee, and threatening a further bailiff visit yesterday.

But instead I was telephoned by them (on an ex-directory number!) yesterday, and they claimed to have sent several letters prior to the visit. I certainly did not receive any. Then they hung up on me when I asked why a bailiff called when the bill was already paid.

Am I liable to pay this £24.50?

[cards down]

Re: Bailiff demanding Council Tax arrears, seven weeks after bill was paid

Hi Bollinge.
Was the date of the charge after or before the date that you had paid your arrears?

[Bollinge]

Re: Bailiff demanding Council Tax arrears, seven weeks after bill was paid

Charging order November 2011, bailiff instructed by Council February 2012, Council Tax bill paid in full March 2012, first contact with Newlyn and bailiff visit May 2012.

Surely the Council should have "uninstructed" their agents back in March, once the rates bill was paid, rendering the May visit unnecessary.

[cards down]

Re: Bailiff demanding Council Tax arrears, seven weeks after bill was paid

Then they can't come chasing you for money, If the debt was paid then they should not have been sending anyone to your property.

[labman]

Re: Bailiff demanding Council Tax arrears, seven weeks after bill was paid

Am I liable to pay this £24.50?

No.

[bluebottle]

Re: Bailiff demanding Council Tax arrears, seven weeks after bill was paid

It sounds very much to me that Newlyns are trying to pull a fast one. Ringing an ex-directory number without prior authorisation is an offence under the Data Protection Act 1998 and, possibly, the Communications Act 2003, also. There may also be an offence under Section 2(1), Fraud Act 2006. Do you have any documentary evidence from your local authority that the CT arrears were satisfied in March 2012? If you do and Newlyns turn up again, offer to insert a copy of it into a certain bodily orifice of the bailiff. No, only joking.

If the bailiff still makes demands, call the police, tell them you have an individual at your door, claiming to be a bailiff, (never say they are a bailiff) demanding money you do not owe and ask them to attend and assist you in removing him from your property. However, before doing so, you need to do the following -

1st Request to Leave - "I do not owe you money. You have no right to be on my property and require you to leave now.
2nd Request to Leave - "I do not owe you money. You have no right to be on my property. I have asked you to leave and you have failed to do so. Please leave immediately."
3rd Request to Leave - "You have been told twice that I do not owe you money and have been asked to leave. You have failed to do so. If you do not leave immediately I shall call the police and ask them to assist in your removal from my property."

Normally, even a person of limited intelligence, such as a bailiff, will leave at the third request. Sometimes, in rare cases, a fourth request is necessary -

4th and Final Request - "You have been told three times I do not owe you money and have failed to leave when requested to do so. I am now calling the police."

Do not enter into any further conversation with the bailiff. Call the police on the 999 system. When they arrive, explain what you have done. Show them the dodgy demand from Newlyns and your email to Newlyns and the response you received and proof the CT arrears have been satisfied. Explain to the police, if necessary, that the arrears were paid and, once that has happened, bailiffs cannot get involved as there are no grounds for enforcement. Unless the police officers attending are totally dim (unlikely), the bailiff should get a swift Size 11 boot up his backside and be sent on his way.

[labman]

Re: Bailiff demanding Council Tax arrears, seven weeks after bill was paid

..... and the police will do what?

As you know I agree it is the right thing to do in theory, but in practice I fear if they did appear, they would side with the bailiffs.

[ploddertom]

Re: Bailiff demanding Council Tax arrears, seven weeks after bill was paid

Have they said what date they claim to have visited?

[bluebottle]

Re: Bailiff demanding Council Tax arrears, seven weeks after bill was paid

..... and the police will do what?

As you know I agree it is the right thing to do in theory, but in practice I fear if they did appear, they would side with the bailiffs.

Unfortunately, when a trespasser is on your property, you have to play silly buggers in order to get rid of them. If you don't follow the correct steps, you leave yourself wide open to allegations. Yes, we all know that certificated bailiffs are habitual liars, most have active criminal records, none are CRB-checked and the majority have received training from Rent-A-Thug. Assertiveness is a powerful weapon if used wisely; apathy is a weapon that benefits only an adversary.