Council wants me out because of their mistake

tghe-retford

I received a pretty serious letter from my ALMO (we'll say council) demanding rent. However, they made a mistake in that they did not take the rent out of my bank account.

We agreed a monthly standing order as I get paid monthly so it spreads out the payments over the year and doesn't mean I have to pay more in a five week month (which on a low wage, would make things difficult, if not impossible). I contacted the council in person to see what had happened and they said that there was a technical error, to leave the money in the account and that it would be taken in the next few days. I said I didn't want the horsemen of the Apocalypse (baliffs) at the door and they assured me that nothing would happen because it was their mistake.

Now the letter through the door demands not only more money than what should have gone out if the council hadn't messed up, but they have stated they will only accept weekly payments for rent, which would as I mentioned above, mess me up in a five week month as I get paid monthly. What worries me is that it appears that the council may want me out and are making things difficult for me. The fact the letter also advises me to contact the Citizens Advice Bureau as soon as possible also makes me fear that as well. It was also sent a good few days ago, so it doesn't give me much time to sort things out.

It's not the first time I have had hassle from the council. They have messed up my council tax before as I live on my own, they tried and failed twice to withdraw my single occupancy under different and untrue reasons. And in January, council repairmen brought in a faulty gas canister which fell down the stairs and caught fire, sending a flame up the wall and resulting in me having to lose a days work. The fire brigade were not happy with them either. The damage (aside from a small part of a window) has not been put right to this day.

I haven't caused any problems for other tenants and I have always paid rent on time for the four and a half years I have rented from them, so why are the council suddenly taking a tough stance on me?

Any advice on what is becoming a difficult situation? I plan to go to the council first thing on Monday morning when they are open, but I fear they may be wanting me out.

Thanks in advance

Zelie

The 'tough stance' is normal from councils and bear in mind that most of the letters are computer-generated.

Firstly, try to ensure that you have a written record of any dealings with them. Either letters or a written record of a phonecall you've had - ensure you note date, time, person(s) you are speaking with and details of any conversation.

Secondly, they are most likely required to warn you of the consequences of not paying the rent and to advise you of places to seek information (CAB). Unless it says something definite about evicting you then don't panic just yet.

Now that all said, whatever the error was with the standing order presumably the money has just been sitting in your account? I can't see a reason why you don't just call your bank and tranfer it to theirs - if it's a standing order then you'll already have their bank account and sortcode numbers. (If you mean it's actually a direct debit then call up the council and get those numbers and then call your bank and tranfer the money). I'm actually a bit puzzled by your saying it was a standing order as that is a system whereby you GIVE money. So tricky to see how a 'technical error' on their part could cause problems (though I'm no expert!). Direct debit is a system whereby you authorise the council to TAKE money - is that the one you meant?

Your issues with repairs are separate and you must treat them as such. Deal with one issue at a time. If you do go to see them on Monday then make sure they give you a written copy of whatever agreement you come to.

tghe-retford

Zelie wrote: »

Direct debit is a system whereby you authorise the council to TAKE money - is that the one you meant?

No, it is by standing order. Every year, I have to sign a form to authorise the council to setup a standing order with the monthly rate to go from my account to them. That's how it has been done for a good few years with no problems until now. And the council did admit there was an error on their part when I visited them which is why the money has not come out of my account - although as I mentioned they did promise to rectify the problem, not take action (as it is their error, not mine) and take the money as before. Clearly something else has happened to prompt this letter or I have been lied to by the council.

Zelie

Probably nothing has happened to prompt the letter, they are mostly computer-generated. Think how many people the council have to deal with - far too many for staff to manage individually. So there are systems set up whereby if agreed amounts of money are not shown as paid by the due date then the computer prints out a letter. Admin staff stick it in an envelope and away it goes. There's minimal human thought going on there and it will happen regardless of whether you spoke to someone else about the matter. In other words, don't worry about the letter!

I'm not familiar with that method of setting up a standing order but given how many ways a local council can mess things up I'm not hugely surprised that it hasn't worked. Personally, I always phone my bank and set them up and that way I know the money will always go when I want it to. Perhaps you could consider that for the future? You just need the sort code and account numbers for the account you are to pay into (the council will happily provide them).

As for the current situation, phone them/visit them on Monday and get them to confirm their error in writing and also confirm that the computer-generated letters will stop while they are sorting out their mistake. Remember to have your account details to hand in case they need to take them again.

You can't be evicted unless it goes to court. And nobody is going to evict you because your landlord somehow won't take the rent. The judge would just laugh at them. Quit worrying and go enjoy the sunshine.

Nomad25

Did you get the initial c*ck-up acknowledged in writing. Can only re-iterate other poster. Make sure all future arrangements are documented. Get your rent sorted first, then deal with issue over repairs. Don't let them intimidate you.

tghe-retford

Zelie wrote: »

Probably nothing has happened to prompt the letter, they are mostly computer-generated. Think how many people the council have to deal with - far too many for staff to manage individually.

I've looked at the letter, and it is personally signed in pen, not scanned in as you may expect from a mass produced letter, if that makes a difference. Unless they have someone who just sits there all day and signs letters (and if so, I want that job)!

poppysarah

tghe-retford wrote: »

I've looked at the letter, and it is personally signed in pen, not scanned in as you may expect from a mass produced letter, if that makes a difference. Unless they have someone who just sits there all day and signs letters (and if so, I want that job)!

I've done that job for a couple of hours. The criteria at which you generate the letter is the important bit - you've obviously ticked some boxes.

Make an appt to speak to someone and put everything in writing

ie: "I am writing to confirm the telephone call I have had today with Miss X" (always take the name and ask if there's a reference number relating to the call)

jojo9239

I generate letters in work and you dont look at letter u just sign it thats irrelevant really. The council are known to be harsher then a normal LL

I_luv_cats

Just multiply your rent by 52 / 53 and divide by 12. Set up a STO with your bank or transfer the money yourself by Internet banking.

Write to them saying that is what you are now doing and pay the arrears off too as a separate payment.

Don't leave it up to them.

tbs624

It's confusing that you refer to the Council "taking money" from your bank account , or not taking it, because a Standing Order does not allow the payee to "take" from anyone's account. A Standing Order does what it says on the tin: it is an Order from you to your bank to pay across a set amount, on a set date, to someone/something else's account.

The only way a failure to pay by Standing Order could be down to the Council being at fault would be if :

(a)they normally post off your Standing Order Mandate to your bank, having got you to sign it and they failed to actually post it on or
(b) if they gave you the wrong account number for their own bank account, or
(c) if someone at the Council wrongly allocated the payment once they had received it from your bank account into theirs.

In any case you have a responsibility to check your own bank records from time to time so that you can promptly chase up any errors.

It is usual for tenants to be reminded where to get some independent advice if there are any problems with their tenancy. As Zelie says, keep it all in writing. If you go in person or phone them on Monday follow it up with a letter stating what your understanding of the conversation was, and keep a copy.


The Council Tax department is separate and they have a duty to follow up any suggestions that anyone claiming any reduction or exemption does actually qualify for it. Don't get paranoid.

If you have any future problems with rent and possible evictions ring Shelter 0808 800 4444 for advice.

tghe-retford

Just an update, and it is sorted - for now. They refused to accept any problem with the computer system they use for rent payments (going back on what I was told previously), demanded the full amount immediately and told me that if I didn't go to the bank and pay in full at the office (they also asked the cashier to contact them when I did so) that they would serve notice there and then.

I'm more annoyed that the council has taken the attitude of being omnipotent and that they are not to blame for anything even though they previously admitted that the problems were their fault. :mad:

There is a scheduled payment going out tomorrow. If that has a problem as it did last month, I'll go down on Wednesday before work and refuse to leave until something is done!