Bailiffs come to collect Council Tax

ethranes
ethranes Posts: 69 Forumite
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in Debt-free wannabe
Hi, I had bailiffs come to my house today to collect an outstanding council tax, I was at work and my wife answered the door, they have given a letter to pay the outstanding amount in 15 days.

I am currently up to date with council tax payments, there has been no outstanding balance since the middle of last month.

I called the company straight away on the phone, the lady informed me that they can see that I don't owe anything.

I'm !!!!ed off because I don't owe anything but I'm liable to pay £80 for the bailiffs to speak with my wife today, when they shouldn't have been there in the first place, as there is no debt, and their own company has acknowledged that.

Do I just need to suck it up and pay the £80 visitation fee, or should I fight against that?
Debenhams CLEAR||AMEX CLEAR||Barclay Card CLEAR||Halifax CLEAR
Council Tax 15/16/17 CLEAR
Updated: 30/6/2017
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Comments

  • sourcrates
    sourcrates Posts: 28,876 Ambassador
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    The bailiffs will of been instructed by the council, at some point.

    Obviously there has been some kind of error, never pay a charge when you are not at fault, question it with them, if it is an error, then you should not pay the fee no, but you need to put this in writing to the bailiffs head office.
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  • tallyhoh
    tallyhoh Posts: 2,305 Forumite
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    I'm puzzled, have you previously had any arrears? are they asking for the balance of the year because you defaulted on monthly payments?
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  • CIS
    CIS Posts: 12,260 Forumite
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    In order to instruct an enforcement agent there must have been a liability order granted by the magistrates court. The enforcement agent cannot act for council tax arrears without one.

    You say 'there has been no outstanding balance since the middle of last month. '. What exactly do you mean by this as it's probably key to the problem.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • StopIt
    StopIt Posts: 1,470 Forumite
    ethranes wrote: »
    Hi, I had bailiffs come to my house today to collect an outstanding council tax, I was at work and my wife answered the door, they have given a letter to pay the outstanding amount in 15 days.

    I am currently up to date with council tax payments, there has been no outstanding balance since the middle of last month.

    I called the company straight away on the phone, the lady informed me that they can see that I don't owe anything.

    I'm !!!!ed off because I don't owe anything but I'm liable to pay £80 for the bailiffs to speak with my wife today, when they shouldn't have been there in the first place, as there is no debt, and their own company has acknowledged that.

    Do I just need to suck it up and pay the £80 visitation fee, or should I fight against that?


    Did you clear the Council tax between a Liability Order being granted and the visit itself?


    Your Signature states CT 15/16/17 CLEAR, so at some point were you behind on this?


    Either way, if they went to visit and the debt was already cleared and they had nothing to collect, they perhaps should have checked before going to see you. Being charged a visit fee because of lack of due diligence is a bit unfair, so take it up with the Council, who should've called enforcement off if you had paid.

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  • ethranes
    ethranes Posts: 69 Forumite
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    I had arreas in the past, for last year and this year. Everything was cleared last month, including all of this years payments, I currently owe the council £0 for all years.

    I paid the council online directly, at no point was I even aware that this case was open with an enforcement agency until they knocked on the door today.

    I was at work and my wife answered the door. I called the office straight away, and before saying anything to lady on the phone knew the debt was paid, and that all I need to pay was for today's visit. If they can see that I don't owe anything, why did they come? I hope that I don't need to pay this £80, it seems that just because I'm no longer in any debt they want to get at least a little something off me before closing the case.
    Debenhams CLEAR||AMEX CLEAR||Barclay Card CLEAR||Halifax CLEAR
    Council Tax 15/16/17 CLEAR
    Updated: 30/6/2017
  • zippygeorgeandben
    zippygeorgeandben Posts: 1,273 Forumite
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    StopIt wrote: »
    Did you clear the Council tax between a Liability Order being granted and the visit itself?


    Your Signature states CT 15/16/17 CLEAR, so at some point were you behind on this?


    Either way, if they went to visit and the debt was already cleared and they had nothing to collect, they perhaps should have checked before going to see you. Being charged a visit fee because of lack of due diligence is a bit unfair, so take it up with the Council, who should've called enforcement off if you had paid.

    Excellent detective work looking at the signature! :T
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  • CIS
    CIS Posts: 12,260 Forumite
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    At some point the council have obtained the liability order and instructed the enforcement agent - even if they had a payment arrangement in place there was nothing to stop them ceasing that and instructing an enforcement agent, bad form yes but still possible.

    You need to speak with the council and see when it was issued to the enforcement agent and ask why - if they had a payment arrangement in place then it may simply have been issued in error and they may withdraw it but the only the council can say.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • fatbelly
    fatbelly Posts: 20,489 Forumite
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    How is this £80 anyway?

    The compliance fee is £75.

    Once a bailiff visits they add £235 enforcement fee.

    Certainly take it up with the council, but also make it clear to the bailiffs that you're not paying any invented fees.
  • ethranes
    ethranes Posts: 69 Forumite
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    Thanks for the help guys, for clarification @fatbelly the fee is £79.10 maybe they're just a bit more expensive. I'll get in touch with the council and see what they have to say.
    Debenhams CLEAR||AMEX CLEAR||Barclay Card CLEAR||Halifax CLEAR
    Council Tax 15/16/17 CLEAR
    Updated: 30/6/2017
  • CIS
    CIS Posts: 12,260 Forumite
    Name Dropper First Post First Anniversary
    ethranes wrote: »
    Thanks for the help guys, for clarification @fatbelly the fee is £79.10 maybe they're just a bit more expensive. I'll get in touch with the council and see what they have to say.

    The statutory fee for council tax is £75. On the initial fee they have no discretion to alter it.

    Can you post a copy of the letter showing the breakdown of charges (block your name/reference etc out)

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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