Council tax/bailiff

bluenose_ted

Hello


Is this where I would ask about a council tax debt being passed to a bailiff?


Thank you

CIS

bluenose_ted wrote: »

Hello


Is this where I would ask about a council tax debt being passed to a bailiff?


Thank you

You can do - what's the full situation ?

Craig

bluenose_ted

I have a council tax debt of £100 which my council has now passed onto a bailiff.


The council originally proposed a weekly payment of £3.65 and, for a couple of weeks at the beginning, I didn't pay, but continued to pay my normal council tax.


Anyway, the bailiff is proposing I pay £5 a week to them which I prefer not to do. My council office is 5 mins away and I can pay them in cash, which is what I did last week. This annoyed the bailiff because I didn't pay them and they have told me to call them or there will be repercussions.


Am I legally entitled to continue to pay the council directly without repercussions or should I pay the bailiff directly? Basically, I don't recognise them and they want me to pay online or by postal order.


In terms of them wanting me to call them, I prefer everything in writing in case this goes to court.


Thanks!

CIS

At the enforcement agent stage the local authority is not required to accept anything other than full payment to prevent action - a formal payment arrangement is a concession but not legally required.

The local authority can accept payment and forward it as required to the enforcement agent but the local authority are able to instruct an agent to accept payment on their behalf as part of the payment agreement.

Paying to the local authority will not remove the rights of the enforcement agent to charge any required fees or take any enforcement action that is required - stating you don't recognise the enforcement agent would not stop this happening.

In terms of them wanting me to call them, I prefer everything in writing in case this goes to court.

The only way it can go back to a court is if the local authority were to press for committal to prison, bankruptcy or a charging order.


Craig

bluenose_ted

So the best 'compromise' would be for me not to call them (I am happy to explain my reasons - I prefer everything in writing - to them by email), but to pay them directly?


I am trying to reduce the CT debt without incurring bailiffs' fees.


Thank you again for your reply.

CIS

I am trying to reduce the CT debt without incurring bailiffs' fees.

If statutory fees are due then paying the local authority direct won't avoid those fees.

Craig

bluenose_ted

I meant if I paid the bailiff directly to keep them happy, but not calling them. Yes, I am happy to email them to explain why I won't call them.

CIS

bluenose_ted wrote: »

I meant if I paid the bailiff directly to keep them happy, but not calling them. Yes, I am happy to email them to explain why I won't call them.

If a payment plan is in place and the enforcement agent has an option to pay online etc I can't see that would be a problem simply in respect of not calling them.

Craig

bluenose_ted

If a payment plan is in place

It's not. The bailiff wants £5 a week - an amount which I am disputing. I have already been to three foodbanks (the maximum times allowed). The £3.65 I referred to was what the council originally proposed and which I prefer to follow.

CIS

bluenose_ted wrote: »

It's not. The bailiff wants £5 a week - an amount which I am disputing. I have already been to three foodbanks (the maximum times allowed). The £3.65 I referred to was what the council originally proposed and which I prefer to follow.

In which case the enforcement agent can continue action unless either they or the council will agree to the £3.65 you're now offering - there's no way to force them to accept a formal payment arrangement..

Craig

bluenose_ted

OK, thanks Craig for all your time and advice.


I am grateful.


Enjoy your weekend.