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Info please - debt collectors
Sybersal
Posts: 28 Forumite
Having an issue with council tax debt collectors. Basically was minsinformed by council - I was led to beleive that currently paying £230 per month and this included arrears from last year. (£429) Payment plan set up and paid since June no probs.
2 weeks ago baliff from debt collection company left a note. So I called immediately. Baically still owed the £429 (always had many many problems with our council) and debt had been passed back to debt collection agency. Oh it also went to court last year - but the council don't bother to tell you - they just add another £100 to debt. Have had financial probs which is why we fell behind. Passed to debt collection agency then - but went back to the council - this was never explained why - despite letters asking!
Anyway - so debt was £429. Baliff returned to set up payment plan- seem nice enough bloke. But left me a piece of paper saying we now owe £497.35! Visit fee, levy fee and walking possession!!!!
Surely the debt collection company could have written to me first (they have apparently had this case since August but done nothing) confirmed they have sent no letters! Secondly - I apprecaite this is petty but I think it is wrong - for each payment no matter how I pay they add a charge - either £1.50 or 50p. There is no method of paying them that does no incurr a charge.
Any suggestions, or help would be apprecaited.
(Payment plan set up) so not avoiding paying but annoyed I had no prior information from debt collectors first before they set baliff. (No written notification of charges - was just told a a rude lady over the phone)
Many thanks
2 weeks ago baliff from debt collection company left a note. So I called immediately. Baically still owed the £429 (always had many many problems with our council) and debt had been passed back to debt collection agency. Oh it also went to court last year - but the council don't bother to tell you - they just add another £100 to debt. Have had financial probs which is why we fell behind. Passed to debt collection agency then - but went back to the council - this was never explained why - despite letters asking!
Anyway - so debt was £429. Baliff returned to set up payment plan- seem nice enough bloke. But left me a piece of paper saying we now owe £497.35! Visit fee, levy fee and walking possession!!!!
Surely the debt collection company could have written to me first (they have apparently had this case since August but done nothing) confirmed they have sent no letters! Secondly - I apprecaite this is petty but I think it is wrong - for each payment no matter how I pay they add a charge - either £1.50 or 50p. There is no method of paying them that does no incurr a charge.
Any suggestions, or help would be apprecaited.
(Payment plan set up) so not avoiding paying but annoyed I had no prior information from debt collectors first before they set baliff. (No written notification of charges - was just told a a rude lady over the phone)
Many thanks
0
Comments
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You're better off posting this in the Money section, as they have some great advise there
xx0 -
Debt Collectors and Bailiffs are different - very few councils use debt collectors as the legislation allows them to use bailiffs as the bailiffs have a lot more power.
In order to be granted a liability order by the magistrates court the council must have first have issued a bill, at least 1 reminder and the summons. Before using a bailff a 14 day notice must have been issued. Providing that they have been posted to the correct address I would find it hard to believe that you have never received any of these - if you haven't then it sounds like a royal mail issue and not the council's fault.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.0 -
Thank you!
Have since spoken to someone else at the debt collection company - I can pay by direct debit and not incurr charges for each payment!
Both parties confirmed they had sent nothing out in past few weeks. The council admitted they were late forwarding the details to the debt collection company, but no 14 day notice was sent - or I would have acted faster. As I said the debt collection agency said they had not sent anything - they said they did not need to?!?!!?0 -
You need to work out whether its a debt collector or a bailiff.
If a council uses a debt collector then they do not have to have issued a 14 day notice of bailiff action as the debt collectors have less power then the council to collect the money.
If its a bailiff then 14 days notice must be given however after this notice then its at the councils discretion when they issue the account to a bailiff. The 14 day notice is usually included with a form sent out after the liability order is granted ('a request for information form' or regulation 36 notice - the exact name depends on the council) and wont be done as a seperate letter.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.0
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