Collect services - Notice of enforcement - Council tax

[pallett88]

Hi all I'm rather desperate looking for help.


Today I received two notices of enforcement, from Collect services, regarding council tax arrears.

They have slapped £75 "compliance stage fee" on each, and now want £445 by next Thursday or they are threatening us with Baliffs. This will then add £470 charges (2 x £235).

Not only would this be outrageous in normal circumstances, but to make it worse I was made redundant on the 18th of July, and my flatmate works a zero-hour contract.


There is no possible way I can afford to pay this and to make it worse, I won't even be in the country from Thursday until the following Saturday, giving me 2 days to sort this out.

They aren't picking up the phone, in total I've been on hold for 50 minutes. Usually I'll be on hold 10-15 minutes and the line will go dead, so I have to phone back and the process repeats.

I'm really at a loss here and don't know what to do, if this isn't sorted by Wednesday evening, I'll end up with a £915 debt when I get back. Any advice would be great, many thanks.

[Kati]

Re: Collect services - Notice of enforcement - Council tax

Just to start off; have you had any contact with the bailiffs or the council before today (you should have had at least two letters previous to the visit, if not more)?? Are you disputing the debt??

As the debt is for Council Tax, the bailiff CANNOT force entry! They can, however, enter your property peacefully through an open or unlocked door (keep them locked/safety chain on) If you want/need to speak with them, do so through an open window or keep a chain on your door.

First things first ....

Contact your council tomorrow morning to get answers to the following:

1 - how many Liability Orders they have against you
2 - the dates they were obtained
3 - the addresses they were for
4 - the period of time each covers
5 - how much each one was for
6 - how much is still outstanding
7 - the dates they were passed on for enforcement
8 - the dates & amounts of any payments

The answers you will be given will help to find out which charges can legally be applied to the account (new bailiff rules came out on April 6th)

I cannot see why the bailiffs are not willing to come to an arrangement in regards to payment You need to make a formal complaint to the council about Collect Services not even entertaining the idea of a payment plan. Ask the council to put the account on hold at least while you are away!

[pallett88]

Re: Collect services - Notice of enforcement - Council tax

Thank you for the quick response. I've spoken to my local council and received the following info';

1 - 2 Liability orders
2 - Obtained 2nd August 2013 - 23rd Jan' 2014
3 - Current address
4 - Periods of time - 1st April 13 until 31st March 14
5 - Amounts - August 13 £198.56 - Jan 14 £323
6 - Outstanding 782.24 (Whole amount including this years @ 455) - 327 outstanding
7- Both passed on to enforcement on 23rd July 2014.
8 - Advised to go into the office for a print out of payments rather than over the phone.


They won't put my account on hold until I return to the U.k, as it is apparently out of their hands, I need to contact Collect Services themselves, which as I told them is seemingly impossible at the moment.

They have emailed Collect Services and informed them Ihave been trying to contact them.

Many thanks.

[Kati]

Re: Collect services - Notice of enforcement - Council tax

The council CAN put the account on hold - THEY employ the bailiffs!!

Can you get in to the council offices today to pick up the paperwork (payments schedule)?? Ask to speak to the manager ... Start a formal complaint to the Ombudsman of the council regarding the bailiffs refusal to accept a payment plan and also the councils refusal to put the account on hold.

Councils will not tell you;

1. That they have the discretion to write off the tax for vulnerable and impoverished people under clause 10 (1) 13A (1) of the Local Government Finance Act 2012. It is necessary for the council tax benefit claimant to write a letter to the council setting out their financial circumstances, all debts, and all relevant information such as health/disability. Payment of the bedroom tax, rent due to the overall benefit tax and the rent due to the housing benefit tax would be relevant.

2. That the bottom line is the income left after rent and council tax needed for food, fuel, clothes, transport and other necessities; that has to be a reasonable amount if councils (and jobcentres) abide by the Wednesbury Principles as required by law and endorsed by coalition ministers.

Also .... Section 4.5 of the Guidance on Enforcement of CT arrears states: Local Authorities should remain prepared to deal directly with individuals at any point. It is perfectly within their gift to call action back from the bailiffs at any time and where there is a case to do so they should consider such action.

and section 5.3 of the same document: Where bill payers get in contact with the Local Authority directly, concerns should be investigated properly, not simply referred back to the bailiff. Local Authorities should consider whether complaints, either formal or informal, from individuals constitute evidence of problems with collection or enforcement with their bailiffs.

Kati

[pallett88]

Re: Collect services - Notice of enforcement - Council tax

I've just phoned the council for the third time (both previous times asking to put my account on hold were denied) I informed them they can indeed do that and to not lie to me, and they agreed to contact the baliffs and advise them I am not in the country until the 11th. I was also assured that subsequently this would stop the baliff coming to my home and incurring the "enforcement stage" charge whilst I am away.

Now all I need to do is actually get through to the baliffs regarding a repayment plan. As the 11th is a Monday, am I required to have set up a repayment plan by the end of that day?

Thank you so much for your help, it's taken a lot of stress off me knowing I won't be powerless and open to a further £270 charge upon returning to the country.

I will be going to the council office tomorrow to get it in writing that my account has been put on hold and will also submit a complaint to the ombudsman towards the council and baliffs. Is there anything else I should do to protect myself from these lying cheats? Is there a template letter I can send to the Ombudsman? Thank you again

[Kati]

Re: Collect services - Notice of enforcement - Council tax

So glad I helped! Hope you enjoy your holiday!!!!! :cheer2: :fish2:

Do you have a postal address or email for Collect Services?? As you seem to be having such a hard time contacting them on the phone, I would suggest writing to them complaining about their refusal to accept a payment plan the lack of communication (and also confirming the council have put a hold on the account until after your holiday) .
On their website ( http://www.collectservices.com/home.html ) there IS a 'contact us' section - but it looks kinda basic to me (and you have to log in with your account details :tinysmile_hmm_t2 - not something I would want to do, but it's certainly an option you could consider!?

Kati

[Kati]

Re: Collect services - Notice of enforcement - Council tax

As for your complaint letter to the ombudsman ... just make sure you detail all the problems you have encountered so far with the council AND the bailiffs. Be polite, but precise - and ask for the situation to be look at.

I could probably come up with something you could use, if you gave me some time, BUT it would probably be better if the complaint was in your own words ... Give me a shout if you need any help tho' - I LOVE writing complaint letters :evil: :lol: :laugh:

[Guest]

Re: Collect services - Notice of enforcement - Council tax

Pallet-May I ask if you have made any payments or contact regarding the August 2013 LO?

Have Collect ever visited you for this account or written to you prior the the NOE's? it seems strange that this account seems to have sat around gathering dust for 10 months or so.

Also, please do not contact the LGO at this stage. There is a complaints procedure that you need to go through with the council first.

[Guest]

Re: Collect services - Notice of enforcement - Council tax

Just re-read this. If you are currently out of work, you need to email collectica asap. Advise them that you are out of work (not sure if you are or are going to receive benefits? If so include this. Advise that as you currently have no job, you will be prepared to pay the minimum £3.65 weekly until your circumstances change. Advise that there is some confusion regarding the first (oldest) account and could collectica explain why it has taken so long to contact you regarding this account. In addition, can collectica tell you if any fees have been charged to either account other than the compliance fee, if so, When was the fee charged, why was it charged and how much was charged?

[Milo]

Re: Collect services - Notice of enforcement - Council tax

I am also confused about the AMOUNTS of each Liability Order. When a local authority summons a debtor the debt is taken as being the remainder of the council tax year (April to April). Therefore the Liability Order obtained on 2nd August 2013 should have been for the remainder of the year (to April 2014). I am therefore confused as to how it was possible to obtain ANOTHER Liability Order on 23rd Janaury 2014. Had you moved out of the previous address?


The second point is very important for anyone suffering financial difficulties. Under the new regulations if you have financial problems and are able to provide EVIDENCE all enforcement companies are expected to REWIND the case back to the Notice of Enforcement stage and REMOVE the enforcement stage fee of £235. In your case, this fee has not yet been charged but the information may be useful to others reading this.

You say that you are leaving the country on Wednesday. If the reason is because you have a holiday booked then don't mention this to the local authority!! Council Tax is a 'priority' debt and the LA would not be impressed!!!

PS: The enforcement agent is permitted to apply a Compliance fee of £75 to each account. However, he may only charge ONE Enforcement fee of £235 (even though he will be enforcing two debts). Multiple 'enforcement fees' (of £235) are not permitted.

[pallett88]

Re: Collect services - Notice of enforcement - Council tax

Many thanks to all who replied.

My flatmate and I were paying the arrears off on both liability orders, but we missed one month without thinking. We were actually making 4 different payments a month, 1 every two weeks for one LO, 1 a month for the other LO, and our usual monthly payment. This proved to be slightly confusing at times.

To be completely honest I haven't a clue why they have issued another LI, we have lived here for 3 years now.

And thank you for the info on the enforcement fee, I just assumed it was two as I received two seperate letters.

[Guest]

Re: Collect services - Notice of enforcement - Council tax

Milo

The amount of the LO in August 2013 was only £198. This would suggest that the arrears are for the tail end of the previous tax year. it is of course possible to obtain 2 LO's in a single tax tear (as is the case here) whereby the 2 LO's are in connection with different tax years.

The LO from August 2013 was for the April 2012 to April 2013 tax year.

[Milo]

Re: Collect services - Notice of enforcement - Council tax

ST.

You have explained it well. I now understand.

[pallett88]

Re: Collect services - Notice of enforcement - Council tax

Hello again!

Well I had my account placed on hold, came back into the U.K and all was fine. Received an email from Collect Services asking for a form to be filled out and completed by the 15th August.

I complied, filled out the requested form and emailed it back to them on the 14th.

Fast forward to today, I receive two letters from them demanding £462.64 by Monday.

Obviously this is complete crap. done as they asked and this is how they respond. Is there anything I can do legally?

Many thanks

[pallett88]

Re: Collect services - Notice of enforcement - Council tax

Just phoned the Council Office and explained the matter, they are going to be calling me back in the next two hours. Though I'd still like to know if there is any action I can take against Collect Services.


EDIT: Just received a call from Collect Services, they are handing the account back over to the council So all is sorted for the time being. I would like to thank all who helped once again and have just one last question if I may.

The 2x £75 they have effectively charged me for sending out 4 bits of paper(!!), can this be disputed?


Danny