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Bailiffs paid/didn't have to pay/ can get money back?

Hello all,

I have a quick question regarding council tax. In 2009 I paid over £700 to Bristow and Sutor bailiffs, after a lot of intimidation from them, I borrowed the money to pay them off. They were working on behalf of the council.

However, not long after I paid them I got a letter from Leicester City Council saying that I only needed to pay around £80. I rang them up furious and the guy on the phone checked up that I indeed had paid Bristow and Sutor (as the council hadn't received the money.) Once checked the council guy said sorry and said I would get a refund.

A few weeks later I got a £70-odd refund but was told I couldn't claim back the £700+ I paid the bailiffs because it was to do with their costs etc. But the council and the bailiffs were in the wrong with the original charges.

What I would like to know is, is there any chance that I can get my money back, or even sue the !!!!!!! bailiffs? I realise it's years later but I did approach a solicitor about this a couple of years ago and was told there was nothing I could do as I didn't have any paperwork etc.

The thing is, I really want to get back at Bristow and Sutor for making many people scared and very intimidated. There must surely be a record of all business done by them?

Can anyone help me please.

Comments

  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    If information only came to light after the bailiff costs were incurred then then they were incurred correctly and you wouldn't get them back .

    You would need to speak with the council to find out a time line and what happened when before you can argue the costs.
    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.
  • Thank you.

    But the bailiffs should not have been called in the first place. The council made their charges based on myself, my father and uncle all living in the house. But my father had died over a year previously and my uncle had not lived thier for a year.

    When the council realised that I was living on my own, that is when they sent me the proper bill for £80-odd pounds. But I had just paid the bailiffs the near £800.

    Sorry if that's confusing.
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    When the council realised that I was living on my own,
    The demand notices are issued on the information held by the council and they are deemed to be correct until they are notified otherwise and a revised demand issued - the onus was on you to tell them. Any costs incurred in the meantime are recoverable from you.
    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.
  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • CIS wrote: »
    The demand notices are issued on the information held by the council and they are deemed to be correct until they are notified otherwise and a revised demand issued - the onus was on you to tell them. Any costs incurred in the meantime are recoverable from you.

    The council knew that I was living on my own. It was their mistake with the initial first council tax bill. They sent me the proper (2nd) council tax bill without knowing that I had already just paid the bailiffs.

    Had I waited a little longer and not paid the bailiffs I would have only had to pay the 2nd correct CT bill. The council would have had to inform the bailiffs of their mistake and told them to stop hassling me, had I not paid them off. So surely I should be able to get my money back?
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    The council knew that I was living on my own.

    How did the know you were the sole resident ?. It takes a few months from the original council tax demand being issued to getting to the bailiff so at what point did you tell them ?
    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.
  • The council were informed when my dad died and when my uncle moved out at the time the events happened.

    I thought the council tax bill was for me and I didn't pay it because it was too high and I was out of work and knew that I didn't have to pay.
    Because I didn't pay the bill the bailiffs were involved and added massive charges. Then the Council realised that the original bill was wrong and sent me the 2nd bill but I'd just paid off the bailiffs.
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