council tax arrears cleared, now bailiff fees??

silvercar

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.

CIS

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.

silvercar

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.

CIS

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,

silvercar

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.

HappyMJ

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.

CIS

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).

silvercar

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!

CIS

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).

National_Debtline

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

silvercar

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).

National_Debtline wrote: »

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?