Can the council do this?

Dansen

I've been in the shadows for a while but have now stepped into the light!
A friend of mine,(yes, this post is for a friend!) runs a business down the road from mine. On Monday she had a visit in her shop from a woman who said she was from the council. She told Lisa that her council tax/business rates hadn't been paid for a year. Lisa was mortified as she had honestly forgotten to pay it as she has had a few problems recently.
Anyway, this woman asked what she could pay there and then towards the bill. Lisa had nothing in the shop so rushed home to get some money leaving this woman in the shop. When she got back the woman told her that they could take her stock to pay the outstanding amount. When Lisa said a lot of the stock was "sale or return", the woman asked her to make a list of what was included and she would return next week to collect some more money or take some stock!
The issue here is this. Lisa swears blind she has not had one single letter regarding the non-payment of the business rates. Can this woman legally come into her shop and demand immediate payment and threaten to take her stock?? She didn't show any paperwork or court order as far as I know. Lisa knows she has to pay it and is happy to set up a payment plan but has not had this option put to her. I'm not at all happy about how she has been treated and if indeed this is allowed to happen. Can anyone help on this?
I have run off a Subject Access Request form for her to fill in in the hope it will shed some light on the matter.
Thank you in advance

Merlinexcalibur

Just one point, but unless you are using a fictitious name to help 'your friend' is it a sensibly good idea to be posting her first name like this ...

Apart from that, I assume you are talking about a bailiff. If so, common sense now should be to get 'Lisa' to contact the council ASAP. Seems slightly ambigious to me. Think of it like this: would 'Lisa' hand over cash or let someone into her business premises if they wore a hoody or waving a weapon at her? What I am saying is just because someone is 'nicely' dressed is absolutely no indication of who they are, or what their motiviations are.

So, like I said, Lisa (as she's in business like you said so should at least have some 'sense' etc running one) should get onto the council. Just out of common sense.

Apart from that, that is all I can offer you. So tell Lisa to deal DIRECT with the council, failing that seek legal advice because something isn't clear here. And obviously needs to get sorted out. It may be letters have gone to the wrong address or even the wrong person. It happens, and CTX systems are no different to anyone else. I was accussed a while ago of not paying my CTX one month, though I had a payment reference number, proof on my bank statement. It all turned out that the person I made my payment to made an entry mistake. Were the council going to own up to it initially, though I had proof. Nope. They continued to maintain I had not paid so go figure that out. You have the proof in a BANK STATEMENT, plus reference number issued by them and they still put me through 3 days of absolute worry over being taken to court.

Sorry for the long post but was just saying that mistakes happen. Some get discovered like mine but some don't and people are too scared to tackle it as a result. Don't be. If a company has made a mistake it should be pointed out to them and no comeback on you.


Edit, something more useful I just thought of you could do. You could force an audit on your friend's case at the council. That would then physically trace back through their records and any problems would soon arise IF she has paid like you said. Computer systems are notoriously reliable, but they must and always rely on a human being to enter details. If that information is wrong, obviously mistakes occur. And need to be highlighted because someone is working somewhere they shouldn't be in or have access to when too many mistakes come to light. Think of it this way, it also prevents it happening again for anyone else. So it's not just your friend who would benefit.

Dansen

Thanks for replying.
Yes Lisa is a fictitious name! I thought it better to pick one than keep using "she" the whole time!
The lady never introduced herself as anything apart from "being from the council". I totally agree with you, I was very concerned when she said she'd handed over this money. Not even sure if she asked for, or received a receipt. I think she was too shocked and embarassed as she had customers at the time!
Would it be useful to get the subject access request forms sent off? This woman has said she will be back on Monday for some more money or take the stock. Can i advise Lisa not to give her anything until she has spoken to the council?
The audit thing is a good idea. The total she owes is £1200-£300(she handed over).
Again, thanks for replying I've often read your responses and they seem well informed.

Ivrytwr3

Did she ask for ID from this woman? Did she confirm that this woman worked for who she claimed? Sounds like a con to me!

Merlinexcalibur

Yes Lisa is a fictitious name! I thought it better to pick one than keep using "she" the whole time!

No worries, just checking.

I think she was too shocked and embarassed as she had customers at the time!

Mmm. I think it's either a con, which I missed before (sorry) or something is amiss. The other thing being is ... collection agents do often strike this way, so they CAN embarass people in front of customers. It's all wrong, but happens.

To give an example, I once knew someone who lived in a flat near to me, same building. One day he told me he landlord had gone onto a bus he used to get to college, to ask the driver if he'd been on that bus, where had he gone. In the other instance, the landlord went into his college place, started asking his tutor personal info about his bank accounts, how much money he had. And, finally, in the last instance, the landlord entered his flat, without permission (as you may know they have to give notice and cannot just enter willy nilly unless there is an emergency) and took that student's passport from where it was hidden in a draw. Just giving that example here hope you can see why?

But this happens all too commonly in people's businesses, places of work. But it could be a con. Has your friend thought of reporting it to the police at all? As there are lots of bogus collection agents out there, think I read of something like this happening locally and Trading Standards issued the warnings to businesses and people alike. Just a thought.

As to being 'well informed' Just stuff I picked up on I like to pass on here and there. Why keep it to yourself if it benefits others for example? No good to me once used.

Merlinexcalibur

Can i advise Lisa not to give her anything until she has spoken to the council?

Oh, yes, soon as Monday morning if possible. This all sounds iffy now. They can't take any stock without a court order. And one that has a properly displayed crest issued by a court far as I know. But without any paperwork ... it's pretty dodgy. Anyway. There's enough for you to read but I like to be informative, giving as much info in one dump so you have the tools there, not over several posts in bits or bobs. Eseentially, whatever I think of that could be useful.

Dansen

Thank you for your advice. I will speak to her as soon as i can and let you know what happens! Mistakes can occur, but as you guys said, it sounds very dodgy!