Ballif fee demand after setteling council tax account directly with the council

[scottpeters90]

Hi, im Scott a newbe on here, ive seen some great advice on various things so far! keep up the sterling work!

I have recently been getting text messages after 8pm from Rundles debt recovery relating to my council tax which was over due and passed on to Rundles. I never entertained the recovery agency and simply carried on paying directly the the council, the account is now clear! The text first of all demanded i pay the out standing council tax of £1226.00 within 24hrs or they will be round to take my stuff or with a warrant for my arrest and general nasty things of that nature! i asked a few questions via text what it relates to and for proof etc. They replied with a photo of an obviously very outdated account, i replied with a photo of my account showing only £0.06p outstanding! The texts then changed to in that case you owe us £310 for fees!

My question is do i owe them fees even though i never entered into any agreement or dialog with them? They are saying they visited my house and spoke to my partner while i was out (she said they never visited or spoke with her) can they charge for this?

Im not sure what my next step should be??

Regards to all
Scott

[bizzybob]

Re: Ballif fee demand after setteling council tax account directly with the council

Hi Scott how much was the original debt as on the Liability Order, and when did Bumbles & Co first call

You need to ask the Council how many liability orders they have for you
How much is owed on each of them
When were they granted
When were they passed for recovery to Brundlefly & Co

Problem is if it was all after April 6th last year, you will ove BrundleFly & Co £75 for the initial letter, and an Enforcement fee of £235 for their call.

You could ask Brundles for a breakdown of their amount as it could be made up solely of fees. Only phone them if you can record the call.

Other Beagles will be along soon with more and likely better advice, mine is your starter

[Debt Camel]

Re: Ballif fee demand after setteling council tax account directly with the council

Had you already set up an arrangement to pay with the council before the debt was passed to Rundles?

Did you speak to anyone at the council after thew debt was passed to Rundles?

[scottpeters90]

Re: Ballif fee demand after setteling council tax account directly with the council

Hi all, thanks for the replies!

The liability was for £1226 and the council charged me £125 for court costs, i never had a payment agreement with the council or the bailiffs, i just kept paying the council and they took the money. The main problem for me is that they are saying i owe costs for a visit which i believe never happened! I looked up the Bailiff on the register last night to see if he was certified, but he is not on the list! i have been told that they should not send threatening messages via text as its an offense under the communications act?? im also told that now the debt is clear they cannot recover the costs under the original liability order, which they are implying they can??
All help is welcom

Scott

[Milo]

Re: Ballif fee demand after setteling council tax account directly with the council

You started paying the council direct. Was this after you had received a letter (called a Notice of Enforcement) from Rundles?

Once a Liability Order is issued a Compliance Fee of £75 is charged. If payment is not made or a payment arrangement set up by the date provided in the notice then the account is passed to an enforcement agent for the purpose of attending your property to 'take control' of your goods. When the visit is made an Enforcement Fee of £235 is applied.

If payment is made to the local authority whilst the warrant is still with the enforcement company then the local authority should deduct the Compliance Fee of £75 from any payment made and the remainder of your payment will be split on a 'pro forma' basis. The 'split' is approx 60% in favour of the debt to the council and 40% in respect of the balance of bailiff fees.

The current position is that you have not cleared the debt to the council and the bailiff may continue enforcement.

[scottpeters90]

Re: Ballif fee demand after setteling council tax account directly with the council

But i have cleared the debt, i say debt i think we only missed 2 payments. my account is now in credit!

[scottpeters90]

Re: Ballif fee demand after setteling council tax account directly with the council

I dont remember receiving a final notice from the bailiff at all! We get final notices from the council very frequently. You only need to be late a day and they are on there way to court!

Scott

[Debt Camel]

Re: Ballif fee demand after setteling council tax account directly with the council

We get final notices from the council very frequently. You only need to be late a day and they are on there way to court!

Can I suggest setting up a direct debit? Council tax is a priority debt, it needs to be paid on time, every time.

[scottpeters90]

Re: Ballif fee demand after setteling council tax account directly with the council

Yes that's a great idea, but only if there is the money in your account to pay it! You cant pay if you don't have it! Im self employed and usualy work is good and bills are covered. But there are dry spells. Food, and heating are important, and as a parent my children are my priority.
I have been told that the council have over charged for the liability order, they only cost £3 is this true?

Scott

[Milo]

Re: Ballif fee demand after setteling council tax account directly with the council

I have been told that the council have over charged for the liability order, they only cost £3 is this true?

Scott

This comment would not have been given to you by any advice agency and very likely originated from the internet. It is incorrect.

The Local Authority are allowed by law to charge to the debtor all the fees (including staff and admin costs) associated with the granting of the Liability Order. Included in the charges will be the £3 fee that the Magistrate Court is allowed to charge the local authority when they grant the Liability Order.

[Big Al]

Re: Ballif fee demand after setteling council tax account directly with the council

Something's not right here. So, you've been paying the council direct and have paid off the whole amount on the liability order. However at some point during this payment period, the council appear to have instructed the bailiff, something you were not informed of. Am I right so far?

The bailiff had an old copy of the account (showing £1200+) and demanded that in full. You showed them the account was paid. They then changed their story and demanded £310 for their fees.

I would find it very unlikely that the council would've passed over anything to the bailiff as most councils don't do this. The fact the bailiff is demanding his 'fees' shows he's received nothing from the council.

I would get straight back on to the council and 'remind' them that they are liable for the bailiff's actions and ask them what the hell is going on! Get them to confirm your account is up to date.

[scottpeters90]

Re: Ballif fee demand after setteling council tax account directly with the council

I have requested the council look into this as a matter of urgency, and have provided all the details regarding the situation i have. Your right in thinking that the ballifs had old account information dated September 2014 and that the liability was paid off fully, directly to the council. I noticed today on my online council tax account, that all reference to a liability order that was there a week ago has been removed??

I have also made a formal complaint to Rundles regarding the harrasing text messages, demands for money relating to a liability order which has been settled and there subsequent demands for fees. I have also complained about the Bailiff requesting payment for council tax not being a certified bailiff and making threats to enter my home even if i am not there! I await a response.

Thanks for your help so far guys
Scott