Need help - Bailiffs and Council Tax Arrears

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  • today i have had pheonix commercial collections at my door.
    the collections officer would only give his surname as he said i dont want to be on first name terms with you. i quoted the regulations seen above over the phone and he told me the law had changed and said he can charge what he liked. i have spoken to my local council and they said they would be happy for me to pay the original debt of £498.76 however pheonix are trying to charge me a £75 compliance fee plus a charge of £235 for there visit.

    mr keeling told me to look up the new regulations
    Tribunals, Courts and Enforcement Act 2007


    any help on this would be greatly appreciated.
  • mr keeling from pheonix kindly text this link to my phone.


    1. What you can do when a bailiff visits

    A bailiff may visit your home if you don’t pay your debts - eg a Council Tax bill, parking fine, court fine, county court or family court judgment.
    This will happen if you ignore letters saying that bailiffs will be used.
    Bailiffs must normally give you at least 7 days’ notice of their first visit.

    You can stop bailiffs from visiting by paying the money you owe. Talk to the person or business you owe money to as soon as possible to get advice on how to pay your debt.
    Bailiffs are also known as ‘enforcement agents’.
    Dealing with bailiffs

    In most cases, you don’t have to open your front door to a bailiff or let them in.
    Bailiffs are not usually allowed to force their way into your home - eg by pushing past you, or putting their foot in the door.

    However, if you don’t let them in or agree to pay them:
    • they could take things from outside your home - eg your car
    • you could end up owing even more money
    If you do let them in, but don’t pay them, they may take some of your belongings. They could sell the items to pay the debt and cover their fees.
    Bailiffs are allowed to force their way into your home to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort.


    Bailiffs can’t:
    • enter your home if only children or vulnerable people are present
    • enter your home between 9pm and 6am
    • enter your home through anything except the door
    What to ask a bailiff


    Before you pay a bailiff, or let them in to take your things, ask to see:
    • proof of their identity - eg a badge or ID card
    • a detailed breakdown of their charges
    Paying a bailiff

    You can pay the bailiff on the doorstep - you don’t have to invite them into your home.
    Make sure you get a receipt to prove you’ve paid.
    If you can’t pay all the money right away, speak to the bailiff about how you could pay the money back.
    Offer to pay what you can realistically afford in weekly or monthly payments.
    The bailiff doesn’t have to accept your offer.
    Help or advice


    You can get free help or advice on dealing with bailiffs from:
    What bailiffs can and can’t take

    If you let a bailiff into your home, they may take some of your belongings to sell.
    Bailiffs can take luxury items - eg a TV or games console.

    They can’t take:
    • things you need - eg your clothes, cooker, fridge, furniture or work tools
    • someone else’s belongings - eg your partner’s computer
    You’ll have to prove that someone else’s goods don’t belong to you.
    What bailiffs can charge


    Bailiff fees are fixed. In most cases, if you owe less than £1,500 the fees are:
    • £75 when your case is sent to the bailiff
    • £235 if you ignore a letter from bailiffs and they have to visit you
    • £110 if they have to take your goods and sell them at auction
    You’ll still have to pay the bailiff for any action they take against you - like storing your goods or using a locksmith.
    If you owe more than £1,500 you’ll also have to pay a percentage of your debt as an additional fee each time bailiffs visit your home.

    You can challenge bailiffs if you think they’ve charged you:
    • the wrong fee
    • for something they haven’t done
  • Tixy
    Tixy Posts: 31,455 Forumite
    sam-rob wrote: »
    today i have had pheonix commercial collections at my door.
    the collections officer would only give his surname as he said i dont want to be on first name terms with you. i quoted the regulations seen above over the phone and he told me the law had changed and said he can charge what he liked. i have spoken to my local council and they said they would be happy for me to pay the original debt of £498.76 however pheonix are trying to charge me a £75 compliance fee plus a charge of £235 for there visit.

    mr keeling told me to look up the new regulations
    Tribunals, Courts and Enforcement Act 2007


    any help on this would be greatly appreciated.

    That is correct the law changed with effect from 6 April this yearand whilst he cannot charge whatever he likes they can now charge more than they used to be able. The £75 can be charged as soon as they are instructed by the council. However they may not be able to make the second charge.

    This national debtline factsheet may be useful to you
    https://www.nationaldebtline.org/EW/factsheets/Pages/02%20EW%20Council%20tax%20recovery/Default.aspx
    The bailiff should have given you his identification (with full name) if you asked for it.
    Did the bailiff firm give you 7 days notice that they would be making a visit (excluding sundays)?
    A smile enriches those who receive without making poorer those who give
    or "It costs nowt to be nice"
  • hi tixy

    thanks for your reply.
    i did not see any id nor did i have any notice.

    i spoke to the local council and they had a record of letters sent and a previous vist which i had no idea of.

    i will check out the link now.

    many thanks
  • paul keeling registered with Rossendales ltd

    the agency he is collecting for is pheonix.

    dose this mean that he is acting unlawfully,if so what can i do.
  • antonic
    antonic Posts: 1,977
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    Tixy wrote: »
    That is correct the law changed with effect from 6 April this yearand whilst he cannot charge whatever he likes they can now charge more than they used to be able. The £75 can be charged as soon as they are instructed by the council. However they may not be able to make the second charge.

    This national debtline factsheet may be useful to you
    https://www.nationaldebtline.org/EW/factsheets/Pages/02%20EW%20Council%20tax%20recovery/Default.aspx
    The bailiff should have given you his identification (with full name) if you asked for it.
    Did the bailiff firm give you 7 days notice that they would be making a visit (excluding sundays)?

    Tixy,

    I think the leaflet is a little bit inaccurate , with reference to the following points :

    1) The £75 fee for the issue of the Notice of Enforcement *should* only be issued once sufficient assets have been issued *NOT* for being instructed to collect the debt.

    2) If a Notice of Enforcement IS issued, if the debt is over £1500 then a further fee of 7.5% will be charged.

    3) If the debt remains unpaid at this point, then a further fee of £110 PLUS a further fee of 7.5% will be charged at the removal stage.

    You are right to say that all the statutory fees are set by the Ministry of Justice, but the bailiff can charge what they want.

    Also the Bailiff can now call on a Sunday (if they want) provided the 7 days have expired since the issue of the Notice of Enforcement.and can call between the hours of 6am to 9pm.
  • abfab8
    abfab8 Posts: 3 Newbie
    Hi i need some help too...

    I am having issues with Rossendales as i had set up a payment arrangement with them for £50.00pm and i missed one payment due to work messing up my monthly salary.
    I contacted them to make a manual payment and they told me i had to pay £75.00 then £60.00pm, when i advised i was unable to afford this i was advised that i needed to speak to the bailiff and they provided me a mobile number.
    I called the number provided but there was no reply so i left all my contact details, but had no call back from him, the next thing i get is note through my door to say that he had attended with the intention to remove goods from my premises. This is the first time i have had any bailiff attend my property and there has, to my knowledge, been no levvy for goods issued yet the original balance outstanding was £437.75 and due to his visit without returning my call this has now gone up to £671.75.

    I have followed the instructions about checking out the Bailiff in question and he is registered to Rossendales...

    I have since been made redundant and am now struggling......

    Can anyone offer some advice please??
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