• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.

Disputed Council Tax Bill and Notice of Seizure of Goods

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Disputed Council Tax Bill and Notice of Seizure of Goods

    Hi,

    I own a house that I rented out to a lady who was getting housing benefit with the rent being paid directly from the council into my bank. Around late Jan 2011/early Feb I noticed that a payment hadn't been made. After a few days (in case it was just late) I phoned the council to be informed that the lady had moved out in late Nov 2010. This was the first I knew of it as the tenant hadn't informed me and the council had been paying the rent as normal until late Jan / early Feb.


    As such I inspected the property, finding considerable damage due to a burst water pipe in the loft which had caused a lot of damage including leaving the kitchen ceiling on the kitchen floor.
    As such I got the repairs done asap and moved a new tenant in, almost immediately, even whilst a lot of the work was going on.


    Fastforward to the 7th June 2012 and I received a letter through the door from a bailiff claiming I owed Council Tax for the property for the period where it was unoccupied. Upon speaking to a lady at the council (June 8th 2012) I was told I couldn't get a reduction of the council tax during that period as I had not informed them prior to the property being empty. I explained that I hadn't known the property was empty for most of the time otherwise I would have applied for this. The lady basically suggested that I pay the bailiffs fully and then try to apply for a reduction but that it was basically out of their hands now it was with the bailiffs.

    This morning (19th June) I had a visit from the bailiff. I didn't give my name but explained the situation. After he basically ignored what I was saying he tried to come in, I refused him entry and shut the door on him. A few minutes later he put a Notice of Seizure of Goods note through the letterbox adding on additional fees of £42.50 Attendance to Levy Fees, £31 Levy Fee and £24.50 Redemption of Goods Fee. He also included an inventory consisting of my car and my partner's car. He has also crossed out the removed bit on the note at the bottom - effectively stating 'I hereby confirm that this inventory is an accurate description of the items which have been seized by Bristow & Sutor and of their condition at the time of the seizure.'
    There is a space for it to be signed, presumably by me, but it is unsigned. The cars are still on the drive.

    I am just looking for a bit of advice as to what they can do - can they actually seize/remove the cars. The original debt (to which I am in dispute with the council and have completed forms but have had no reply) was £158 but now stands at £346.50. I have also emailed a form to a council tax tribunal place today.

    Whilst the council tax amount is in dispute (and I am happy to go to court about that) I basically want there to be no risk of trouble from the bailiffs.

    In addition I had received no letters from the council prior to the bailiffs showing up. When I spoke to the council on June 8th 2012 she had said that they couldn't find my address (this despite them having my address due to me paying them back for the housing benefit that they had overpaid). There were also no letters delivered to the rented house either (for which the 'debt' relates)

    Thanks, Robert
    Tags: None

  • #2
    Re: Disputed Council Tax Bill and Notice of Seizure of Goods

    The Bailiffs are only carrying out the instructions given to them by the Council. The Council are 100% liable for the actions and charges made by the Bailiffs. The Bailiff is not concerned whether you have a dispute with the Council.

    I appreciate the above sounds hard hearted. To take this further you need to pressure the Council into dropping the leash of their dogs until your dispute with them is sorted. You have done the right thing so far by denying them entry to your home but unfortunately have fallen foul of your car(s) being an easy target.

    I assume this is a business venture and would ask whether both of you are partners in this. If your wife has nothing to do with this then her car being seized could be seen to be invalid. Alternatively is either vehicle on finance? It appears to me that the fees charged do not appear to be correct and you should send off to them for a breakdown of what has been charged - Letter 1 at http://www.legalbeagles.info/forums/...Useful-Letters refers.

    Comment


    • #3
      Re: Disputed Council Tax Bill and Notice of Seizure of Goods

      Originally posted by ploddertom View Post
      The Bailiffs are only carrying out the instructions given to them by the Council. The Council are 100% liable for the actions and charges made by the Bailiffs. The Bailiff is not concerned whether you have a dispute with the Council.

      I appreciate the above sounds hard hearted. To take this further you need to pressure the Council into dropping the leash of their dogs until your dispute with them is sorted. You have done the right thing so far by denying them entry to your home but unfortunately have fallen foul of your car(s) being an easy target.

      I assume this is a business venture and would ask whether both of you are partners in this. If your wife has nothing to do with this then her car being seized could be seen to be invalid. Alternatively is either vehicle on finance? It appears to me that the fees charged do not appear to be correct and you should send off to them for a breakdown of what has been charged - Letter 1 at http://www.legalbeagles.info/forums/...Useful-Letters refers.
      Thanks for the advice. I spoke to the council on Wednesday and the woman I spoke to agreed that I shouldn't have had to pay etc and put a note on the system to advice the relevant dept to call off the bailiffs until it was sorted - no confirmation yet though that this has happened.

      Yeah it has nothing to do with my partner (or her car) it is just a straightforward business venture of renting out my former home due to the selling market being stagnant. I have also sent off a letter to the bailiffs following your template.

      Just looking for further advice re the car as I am going away on holiday. Could they seize/clamp the car etc whilst I am away? Basically don't want them taking the car and then me being stuck for ages whilst the council sorts things out.

      Comment


      • #4
        Re: Disputed Council Tax Bill and Notice of Seizure of Goods

        Originally posted by weasel View Post
        Thanks for the advice. I spoke to the council on Wednesday and the woman I spoke to agreed that I shouldn't have had to pay etc and put a note on the system to advice the relevant dept to call off the bailiffs until it was sorted - no confirmation yet though that this has happened. Good

        Yeah it has nothing to do with my partner (or her car) it is just a straightforward business venture of renting out my former home due to the selling market being stagnant. I have also sent off a letter to the bailiffs following your template. Good

        Just looking for further advice re the car as I am going away on holiday. Could they seize/clamp the car etc whilst I am away? Basically don't want them taking the car and then me being stuck for ages whilst the council sorts things out.
        If you are going away could you leave the car(s) at a relative/friends house until you return, as long as it is a little distance from your own.

        Comment


        • #5
          Re: Disputed Council Tax Bill and Notice of Seizure of Goods

          Hi Weasel.

          You say that you had no contact from the council before the bailiffs turned up? You should have received a summons for non-payment for them to obtain a liability order, then a liability order form asking for your details and offer of payment, and a letter rejecting your offer of payment if they refuse it, and all this before the bailiffs have any right to visit your house to collect a debt. Request these documents from the council.

          Contact the bailiffs and tell them they have no right to remove your car and if they do it will be reported to the police as stolen. Ask a neighbor to keep a watch on your car while you are away and if it goes missing ask them to ring the police to report it as soon as they notice it missing.(don't forget to let them know when you get back)

          Comment


          • #6
            Re: Disputed Council Tax Bill and Notice of Seizure of Goods

            Thanks everyone for the help. Had a letter from the council, when I got back from holiday, stating I owe them nothing so hopefully now it is all over. I do think that often they (the council) just want as little mither as possible (they could easily have sorted it all out when I first spoke to them) but the more you kick up a fuss they soon realise it is easier for them to actually do their job properly and get it sorted out properly rather than just trying to wash their hands of it.

            Comment

            View our Terms and Conditions

            LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

            If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


            If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.
            Working...
            X