council tax arrears cleared, now bailiff fees??

The back story is that there were council tax arrears built up by students between courses. The council insisted that between 2 courses the students were liable for council tax in the Summer months.

So there was money owed and the account was sent to bailiffs.The total debt was bailiff fees + Court fees + council tax.

The council tax was paid direct to the council and now the council say any other fees are not there concern.

What happens if these bailiff fees and court costs aren't paid? The students will be moving house shortly so they will not be that easy for the bailiffs to find.
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  • CIS
    CIS Posts: 12,260
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    edited 30 June 2016 at 10:19PM
    The court costs are enforceable as per council tax.

    If the case is passed back to the council then court costs remain due and can be recovered against - any enforcement agent fees would be the bailiffs problem (via a county court route) at that point.

    The problem you have is that council should likely be apportioning the monies so that part goes to the enforcement agent against any fees rather than all against the council tax charge - although there are some slightly different interpretations on how this should be done for direct payments based on a strict reading of the regulations. You may be lucky based on the way the council is reading 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.
  • silvercar
    silvercar Posts: 46,748
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    The council very clearly took the payment for council tax as I then appealed the other charges and they replied that the other charges are nothing to do with them and I should speak to Rossendales.

    So they seem happy that they have their money.

    Not sure who thinks they are owed the court fees.
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  • CIS
    CIS Posts: 12,260
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    silvercar wrote: »
    The council very clearly took the payment for council tax as I then appealed the other charges and they replied that the other charges are nothing to do with them and I should speak to Rossendales.

    So they seem happy that they have their money.

    Not sure who thinks they are owed the court fees.

    Unless the council have decided to waive the court fees then they form part of the balance which is due under the liability order - the liability order would be granted for the council's costs + council tax balance.

    The payment they took from you may well have been the value of the council tax + costs - this would leave just the enforcement agent fees outstanding,
    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.
  • silvercar
    silvercar Posts: 46,748
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    CIS wrote: »
    Unless the council have decided to waive the court fees then they form part of the balance which is due under the liability order - the liability order would be granted for the council's costs + council tax balance.

    The payment they took from you may well have been the value of the council tax + costs - this would leave just the enforcement agent fees outstanding,

    The council said that they should speak to Rossendale direct as they have no interest in it now that they have their council tax money!

    Am seriously wondering if it will all go away now that the council tax itself has been paid. The students leave the town shortly.
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  • HappyMJ
    HappyMJ Posts: 21,115
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    silvercar wrote: »
    The council said that they should speak to Rossendale direct as they have no interest in it now that they have their council tax money!

    Am seriously wondering if it will all go away now that the council tax itself has been paid. The students leave the town shortly.

    My experience is once a council tax account has been returned to the council then Rossendales no longer chase the outstanding fees.

    I'd just ignore them.
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  • CIS
    CIS Posts: 12,260
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    HappyMJ wrote: »
    My experience is once a council tax account has been returned to the council then Rossendales no longer chase the outstanding fees.

    I'd just ignore them.

    I would agree - I've never heard of a case where any of the major enforcement agents have (as yet).
    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.
  • silvercar
    silvercar Posts: 46,748
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    Rossendales have been put on hold while payment was under discussion. I think for 3 weeks.

    In the mean time the council tax element only was paid and an appeal to get the other charges removed by the council was rejected with the comment that the bailiffs fees and court costs were nothing to do with the council.

    So I don't think Rossendale have passed it back they have just been put on hold.

    In the mean time the actual council tax is being appealed. But there is no point pursuing this if the council will just use the money paid to them to pay Rossendales!
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to [email protected] (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
  • CIS
    CIS Posts: 12,260
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    silvercar wrote: »
    Rossendales have been put on hold while payment was under discussion. I think for 3 weeks.

    In the mean time the council tax element only was paid and an appeal to get the other charges removed by the council was rejected with the comment that the bailiffs fees and court costs were nothing to do with the council.

    So I don't think Rossendale have passed it back they have just been put on hold.

    In the mean time the actual council tax is being appealed. But there is no point pursuing this if the council will just use the money paid to them to pay Rossendales!

    Court costs (unless the council contract out to an outside company - usually Capita or similar) are applied for by the council when they issue a summons and when they grant a liability order so they are the Council's responsibility.

    Although the enforcement agents collect the council tax + costs on behalf of the council the enforcement agents are only responsible for administering their own costs = the £75 & £235 fee (usually these are the only fees due).
    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.
  • National_Debtline
    National_Debtline Posts: 7,998
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    Hi silvercar


    In theory, Rossendales retain exactly the same powers to chase any outstanding fees as if they were the original debt.


    In practice, though, I'd have to agree with CIS and HappyMJ - I haven't seen any recent evidence of bailiffs chasing these kind of debts once the council has had its debt paid back.


    Dennis
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  • silvercar
    silvercar Posts: 46,748
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    CIS wrote: »
    Court costs (unless the council contract out to an outside company - usually Capita or similar) are applied for by the council when they issue a summons and when they grant a liability order so they are the Council's responsibility.

    Although the enforcement agents collect the council tax + costs on behalf of the council the enforcement agents are only responsible for administering their own costs = the £75 & £235 fee (usually these are the only fees due).
    Hi silvercar


    In theory, Rossendales retain exactly the same powers to chase any outstanding fees as if they were the original debt.


    In practice, though, I'd have to agree with CIS and HappyMJ - I haven't seen any recent evidence of bailiffs chasing these kind of debts once the council has had its debt paid back.


    Dennis
    @natdebtline

    So should the £75 fee be paid to the council? They seemed to sound satisfied on the phone that the council tax had been paid.
    In the mean time the actual council tax is being appealed. But there is no point pursuing this if the council will just use the money paid to them to pay Rossendales!

    Also any advice on this?
    I'm a Forum Ambassador on The Coronavirus Boards as well as the housing, mortgages and student money saving boards. I volunteer to help get your forum questions answered and keep the forum running smoothly. Forum Ambassadors are not moderators and don't read every post. If you spot an illegal or inappropriate post then please report it to [email protected] (it's not part of my role to deal with this). Any views are mine and not the official line of MoneySavingExpert.com.
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