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Unfair Bailiff Charges

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  • Unfair Bailiff Charges

    Hi I wonder if anyone can help. A couple of months ago I received a letter from Phoenix Collections saying I owed £199.56 for council tax arrears. When I checked the ref number on the letter it wasnt the same as mine so I rang the council as I was obviously puzzled because my council tax is up to date.
    The council informed me the ref number applied to an address that I lived at some 7 years ago and that I owed £67.00 from that address. Obviously I wasnt aware of this amount and questioned why the council hadnt contacted me earlier and they admitted that they had been sending correspondence to my old address although they were aware by checking the electoral role that I had moved from that address months before. I obviously asked why then could they not have checked the electoral role to find where I was and contact me before passing to bailiffs and they said they had done everything they could( although I am still in the same borough.)
    Apparently they had taken me to court in my absence and then passed it to a bailiff. If I had known I owed this money I would have paid it when it was £67.00.
    I also emailed the council to ask them to supply proof that they had tried to trace me before passing to bailiffs and if I could have it taken back from the bailiffs and they said they had done everything they could to trace me and it would stay with the bailiffs.
    I have made arrangements with the bailiffs to pay the £199.56 because I received a letter from them saying I was willfully not paying the amount and they were going to take me back to court for committal to prison for non payment but I think it is really unfair. Surely the council should have to prove they have done everything they can to trace me before handing it to bailiffs, I have lived at my present address within the same borough for the last 4 years and been on the electoral role all that time and paying council tax so why couldnt they find me? Any suggestions anyone? Also can I threaten to take the council to a small claims court to get the bailiff charges back?
    Tags: None

  • #2
    Re: Unfair Bailiff Charges

    How many letters have you had from the Bailiff's & do you know how many times they have visited you at your current address? Have you asked the Council to prove they have a Liability Order - it is insufficient for them just to say they have? Have you also asked them what their Write Off Policy was at that time? - you don't want to know what it is now.

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    • #3
      Re: Unfair Bailiff Charges

      Donna,

      If the Council's admission is true, their actions could amount to maladministration at best. However, the manner in which they obtained the Liability Order may mean the Council has acted unlawfully and any subsequent enforcement action by Phoenix Collections is unlawful also. In the meantime, follow Ploddertom's advice. Come back onto this thread once you have the information Ploddertom mentions.
      Life is a journey on which we all travel, sometimes together, but never alone.

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      • #4
        Re: Unfair Bailiff Charges

        I will email the council and find out, dont hold your breath though it took two weeks to reply to my last email!

        Comment


        • #5
          Re: Unfair Bailiff Charges

          In that case I would ring and ask. If they are insistent on delaying matters then ask your local Councillor(s) to intervene.

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          • #6
            Re: Unfair Bailiff Charges

            Find your local snollygosters ^W councillors at https://www.writetothem.com

            As emailing the usual customer disservice address takes so long to get a reply, could you tell me the name of the council so I can find the CEO for you?

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