Chandlers Baillifs Bristol and Council Tax confusion!

Herbie21

delmonta wrote: »

So I should not just pay the council tax bill online, as it wont get rid of the bailiffs?

Can anyone help with anything in my previous posts :

''I dont actually live there, and there is a change over of tenants happening right now. What happens if my tenants let them in?

Also, what happens if I keep ignoring them? Does the fine and costs go up more and more?''

And what I wrote above about not getting any final notice letters etc. Just a council tax bill and then the bailiffs coming with a 300 quid fee on top!

In answer to your question as to what will happen if the enforcement agent visits....that is difficult to answer as a lot depends on the response that the enforcement agent receives from the new tenants.

The enforcement agent may only charge one additional fee and that is the 'sale fee' and would apply if he makes 'preparations' to remove goods.

PS: I will pop back later if you have any further questions.

delmonta

Thanks Herbie

Sorry I've just never dealt with anything like this so I am confused and quite stressed.

What would your advice be to do in my situation then? Should I still advise tenants to not let them in etc? The address on the Bailiffs Enforcement letter is to my Agents, not my house. So that is where they are going apparently.

The only letter that was sent to my agents was a standard council tax bill from the council. Then the next thing was two months later, which was the Enforcement letter from the bailiffs. So have I missed some reminder or notice here? I wouldnt put it past my agents to just lose it or misplace it considering some of the things that have happened recently. They took 2 weeks to send me each of these 'urgent' letters.

I'm so annoyed with them all!! Not a good start to the weekend

thanks for the help, I really appreciate it

CIS

The only letter that was sent to my agents was a standard council tax bill from the council. Then the next thing was two months later, which was the Enforcement letter from the bailiffs. So have I missed some reminder or notice here? I wouldnt put it past my agents to just lose it or misplace it considering some of the things that have happened recently. They took 2 weeks to send me each of these 'urgent' letters.

In order to get to an enforcement agent there needs to have been a demand notice, at least one reminder and a court summons. Once the liability order was issued the local authority could refer the case to an enforcement agent, at the point a further notification would be issued.

Agents were one of the biggest causes of problems with Council Tax - the number of times they caused landlords issues was ridiculous for the amount they were getting paid.Some agents were brilliant to work with, others ere horrendous. A good agent can save everyone so much time and cost.

Craig

delmonta

Thanks CIS

So any advice on what I should do. I only got the council tax bill and then the Enforcement letter from the Bailiffs, both were sent to my agent as they are in full management and meant to deal with all of that.

So if I did not recieve any of these warning letters, will I have a case to avoid these huge fines?

I am willing to pay the £240 for council tax, but not over double that when I had no clue any of this was going on.

Would it be a bad idea to go on the council website and pay the original council tax bill, the £240? Someone said earlier in this thread that the bailiffs still will have the rite to chase me. I just dont know how to apporach this properly.

To be honest I feel its the agents fault, possibly the councils warning letter didn't get sent too, or got lost? How can you be expected to know if you dont get warning

Hiddenidenity

Have you phoned the council and spoken to them?

Explain what's happened and you'd thought you'd paid and explain about the agents and what letters you have received?

I owed over £2000 to council tax but once I'd spoken to them (I kept putting it off as I was worried) the council took the debt back to themselves and set up a payment plan meaning no more bailiff costs?

Worth a try?

CIS

So any advice on what I should do. I only got the council tax bill and then the Enforcement letter from the Bailiffs, both were sent to my agent as they are in full management and meant to deal with all of that.

So if I did not recieve any of these warning letters, will I have a case to avoid these huge fines?

Providing they were sent to an address supplied for contact, i.e. the agent, then they were correctly issued - even if the agent didn't pass them on, as it appears is the case.

Would it be a bad idea to go on the council website and pay the original council tax bill, the £240? Someone said earlier in this thread that the bailiffs still will have the rite to chase me. I just dont know how to apporach this properly

Nothing stopping you paying like that but it won't stop the enforcement agents and their fees.

To be honest I feel its the agents fault, possibly the councils warning letter didn't get sent too, or got lost? How can you be expected to know if you dont get warning

And that is the crux of the argument - the council have issued everything to the correct address and done so as legally required, the failure to pass anything on lies solely with the agent.

It would be for you, as landlord, to take action against the agent to recover any monies they have cost you - this however doesn't affect that fact that you are still ultimately responsible for the council tax charge (to sue an agent isn't always easy though - agency is a whole area of law)

Craig

delmonta

Thanks Hidden that sounds positive

Thanks CIS for the info.

The thing is I have no idea if the Council sent letters or not. The agents will obviously say that they have not received any. To be honest, if they had then I dont see why they wouldn't have sent them to me? They received the very first and last ones and sent them to me.

CIS, can you advise what would be the best course of action? Should I just call the council and explain whats happened from my end? Should the agent be doing that?

Should I get in touch with the Bailiffs or just avoid them all together?

Can the council actually call off the bailiffs? Is there any way of me not having to pay their fine now and just paying the council tax of £240? If so I would do so right away. I just dont know whether to pay online now for the tax or not. What a nightmare

Hiddenidenity

The agent shouldn't be calling the council tax on your behalf. The council tax is your responsibility.

Before speaking to the bailiffs speak to the council yourself. Explain everything and ask if they'll take the debt back and deal directly with you now that you're aware of the debt. Worst happens they say no and then you'll have to speak to the bailiffs. Best they could say yes and then the council will sort it with you. It's worth the phone call to know where you stand.

CIS

The thing is I have no idea if the Council sent letters or not. The agents will obviously say that they have not received any. To be honest, if they had then I dont see why they wouldn't have sent them to me? They received the very first and last ones and sent them to me.

The council tax systems they use will not allow them to issue a summons without a reminder, or a reminder without a demand notice, due to the safeguards built in. The council will be able to demonstrate that they posted them, proving you receiving them is not a requirement for the council (the onus would be on you to prove you didn't).

I've lost track of the number of similar cases I've dealt with over the years where agents have not passed on documents - the landlord may not have received them but that doesn't remove the fact that they have been correctly issued and are valid. The agents will invariably insist they never received them as it covers up for their error in not dealing with the issue promptly - certainly in my area you knew as soon as you saw the agents name what would happen in many cases/

Can the council actually call off the bailiffs? Is there any way of me not having to pay their fine now and just paying the council tax of £240? If so I would do so right away. I just don't know whether to pay online now for the tax or not. What a nightmare

They have the power to call off the agents but there's no particular reason for them to do so - unless they are feeling particularly generous. You can ask but they can so no.

Craig

delmonta

Thanks guys

It seems my agents are quite likely the kind you are speaking of.

You say there is no reason for them to do so, even if we didn't receive the letters? You say its up to me to prove I did not receive them, how is that possible?

If I call them up and explain the whole situation, and they so no, we can't do anything about it, is there anything else I can do? Or is it as simple as just having to pay the bailiffs at that point?

Is there any possibility of a reduced fee from the bailiffs if i say we never received any warning? Or just any way out of this at all if the council says no?! I'm so annoyed with them all, I can't believe it

Thanks for the help