bailff removal notice for bill paid to council

michelle1966

can anyone help
i had a shop which i sold and owed some council tax on empty premisses above after a few years i recieved a bailiff letter but the ammount was extornate and wasnt owed i complained to the council who reduced the dept to the correct amount i read on a site if i paid the council direct in full i could avoid the baliffs cost as a baliff cannot enforce a null dept (a dept that has been paid in full to the creditor) for his fees. basically i chose this option this was in november 2008 i got text everyday for 45.00 bailiffs fee which by the way had greatly been reduced from 100s pounds now 18 months on after not hereing anything for a good 12 months they have sent me a bailiff removal notice payment in full-24 hours 122.00
contacted name on botom of letter she is issisting the dept has to be paid asked for her category e consumer credit licence no: would not give
what should i do know ????? help:eek::eek:please can i make a official complaint?
help greatly appreciated

brettcta

it's spelt 'debt'

CIS

Once the bailiff is instructed the bailiff fees become part of the recoverable debt.

Council Tax (Administration and Enforcement) regs 1992

Distress
45.—(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

• (a) an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

• (b) a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

(4) Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the debtor.

The debt is not settled in full until the entire balance is paid.

Enfieldian

However the bailiff cannot add extra fees due to attempts to collect the original fees.

In this case it sounds like the "Two letter" charges are all that could be applied. That will come to no me than £45. The exact figures are floating around on the web, possibly on this forum.

Up to you how you want to play it.

As the bailiff can only only really send begging letters and maybe knock on your door I would be inclined to let them spin on it.

Have the council confirmed that the debt with THEM is settled?

michelle1966

i paid council in full as soon as i recieved ammended bill they have confirmed a zero balance my other half wants to pay the bill but i hate getting ripped off what sould i do ?
one opinion says its inforceable the other its not my other halves on my case
i dont want to be hideing behind a curtain everytime someone nox what should i do?
if they call again and if someone accidently opens the door r more charges going to be added ?

hippyadam

Write to the bailiffs explaining the situation and stating that your consider the amount to be in query.

Tell them the council have confirmed you have a zero balance with them, and ask them to give you a complete breakdown of the charges, including dates added, what for etc etc.

Once you have all that you can look to get a more informed answer from the CAB or somesuch.