Debt Collection, Can anybody help?

katygeorge

Hello

Im stuck in a very stupid and complicated council tax situation. Last April i went self employed this made my council tax and housing benefit situation complicated. I was told to do a benefit review in October. But i didnt do as well as i thought so couldnt pay my council tax. In the August I got a final demand so i set up a standing order to make payments even though i could afford them. In the time between getting the final demand and my standing order starting i got a court summons but as i was away working for 4 weeks i didnt see it. When i got home and saw it i ignored it as ild set up payments already. In October i got a letter form Bristow & Sutor saying they were collecting my council tax debt. I tried to contact them to explain i was paying it direct to council but was just told by a receptionist that nobody was available to talk to me and would call me back, they never did. I then got a letter saying they had been to my house at end of October so i contacted the council this time and asked them to call of their dogs as i was paying and i refuse to deal with the debt collectors as im not in debt. by this point i was up to date with my council tax the same as i would be if i was paying my monthly direct debit. I got another letter mid December saying they had again been to my house so once the council were open again after Christmas i went in to ask what i had to do to stop these people coming to my house. She told me to ignore them as it would resolve its self if i carry on paying. I presumed it had as i havnt heard anything from them till today. They have sent a letter saying that if i dont pay in 5 days they will come to my house and take things and charge me an extra £235 for the pleasure. In total i have had 4 letters from this company including 2 visits that i wasnt home for. Contacting them and the council has had no effect, paying it has no effect. I have sent an email today to the council and Bristow & Sutor saying im going to citizens advise as i feel they are harassing me over something i dont owe and that i will dail 999 if their bailiffs come to my house.

I feel really over whelmed as i dont really know how to handle this. What can i do??? Any help or advise gratefully received

sourcrates

katygeorge wrote: »

They have sent a letter saying that if i dont pay in 5 days they will come to my house and take things and charge me an extra £235 for the pleasure.

First of all they cant do squat without a court order, unless they have one, they can go whistle, you need to complain in writing to both the council, and the bailiff, head your letter "COMPLAINT" and post recorded delivery, if they turn up at your door, tell them to go away, unless they can produce a court order.

katygeorge

it says on the letter about charges for a locksmith to gain access to my home. Can they not come in?

sourcrates

katygeorge wrote: »

it says on the letter about charges for a locksmith to gain access to my home. Can they not come in?

They cant do ANYTHING AT ALL without a court order, I assume its not been to court ?

katygeorge

In August but that was the council. Bristow & Sutor havnt said anything about court but all 4 letters talk about taking my stuff or my car. I thankfully havnt been in for there visits. The lady at the council said to ignore them but that doenst seam to be doing much good

sourcrates

katygeorge wrote: »

In August but that was the council. Bristow & Sutor havnt said anything about court but all 4 letters talk about taking my stuff or my car. I thankfully havnt been in for there visits. The lady at the council said to ignore them but that doenst seam to be doing much good

Do as advised above, in order for a bailiff to enter your home to remove goods, they first need an order from the court to be able to do so, end of story, they are trying to scare you into paying something you don't owe.

National_Debtline

Hi katygeorge

Putting briefly to one side the question of whether they should even be chasing this debt, the laws on bailiffs may have just changed, but they still have no right to force entry to your home over this matter. That means no locksmith.

As for the charges, they cannot add anything new on to the debt. The old charges that were in place for council tax collection before Sunday 6 April 2014 will still apply to your case. That would mean a maximum of £42.50 for the visits they made to your home, nothing more.

It seems there is some confusion over the debt and whether it is with the council or the bailiffs, so as sourcrates says above you need to complain to the council ASAP. Do not speak to the bailiffs in the meantime and seek free advice if you receive any further letters.

Regards

Dennis @NDL