Council Tax liability order - 16 months old - Bailiffs

[RoadHog]

Here is one with a little difference.

Last year my long standing tenants of about 12 years (property rented for a total 13.5 years) left the property in March 2013. The house is in London (used to be my home many years ago) and I now live in the Midlands and I couldn't get down to it during March.

I arrived April (Council Tax bill in Hand, as they had my current address) and promptly wrote to them saying, it had been empty for a month and was up for sale, and though I would be renovating it, I as the only person living there should be entitled to a single person discount.

I heard nothing more, I was fairly busy, the work needing doing on the house and the sale was quite fraught with the first buyer pulling a stunt just before completion. The sale finally went through in February (2014) and I returned home. Only to find a Liability Order from the council and a bailiffs letter.

I didn't receive a letter before action or a letter from the court regarding the summons. Straight to the bailiffs. This annoyed me somewhat, as I don't disagree I owe money, but they didn't respond to me and I had no notification that I was being taken to court. I am in a position to pay, but I don't want to pay or at the very least I should pay the right amount and not have to pay all the extra costs.

The LO goes back to Aug 2013, they (bailiffs) have called once at my property but I was out. Apart from the odd letter (few and far between) they haven't bothered much. I suspect me having a stroke this year and spending two months in hospital and the fact that I don't live anywhere near the London Borough of Hounslow and their money grabbers, have made it somewhat difficult for them. I'm also fairly resilient and don't get intimidated by someone appearing on my doorstep.

What do you think will happen, will they have another go in 2015 or hand it back to the council?

[RoadHog]

Re: Council Tax liability order - 16 months old - Bailiffs

Oh, one other thing, the LO as I said goes back to August 2013. Should the bailiffs be charging the old pre April 2014 charges, because I'm sure they're using the £75 + £235 charges.

The bailiffs made contact today and left a please call back message on my answering machine.

I know it's a quiet time of year, with everyone enjoying the holidays, but I would appreciate if someone could give me a response to my post.

Thanks

[Kati]

Re: Council Tax liability order - 16 months old - Bailiffs

Hi Roadhog ... I'm just bumping your post up for you ... I'm sure you'll get some advice soon

K x

[Milo]

Re: Council Tax liability order - 16 months old - Bailiffs

First day back to work for me (after a well deserved break) so here goes:

Please do not take this the wrong way but if you had not received a letter back from the council for something so important as arrears of council tax you should have followed up the letter with either another letter or a phone call. The council will very likely state that your letter has gone astray.

The Liability Order should have only been for the period up until the house sale completed (Feb 2014) and you need to speak with the council asap about the single person discount.

I would suspect that the bailiff has not been hounding you as he is not aware of your address in the Midlands. The Liability Order was issued last August so if any form of enforcement had been undertaken between that time and 6th April 2014 (when the new regs came into effect) then some of the fees would come under the 'transitional' regs. However, if the bailiff had not 'levied' upon goods before 6th April 2014 then he can indeed legally charge the £235 'enforcement fee'. However, he cannot charge the £75 Compliance Fee.

You need to find out the date when visits had been made by the bailiff before 6th April 2014 to know what charges had been applied.

It is clear that you need to speak with the council asap. The bailiff is merely enforcing their debt and acting as their agent.