Chandlers Baillifs Bristol and Council Tax confusion!

delmonta

I'm so confused about what to do. Fatbelly, I can't possibly get any advice if I have two people giving me the opposite information and saying the other one is wrong!

Can anyone else lend their opinion to this, and say who they think is correct? IF I just pay the council tax bill online, will that stop the bailiffs having the right to chase me? Or could it end badly?

Finally, oldwood, are you the person from the other forum?

Oldwood

You can pay the council direct and they should not be passing anything to the bailiff.

As for the power to enforce, at the moment a recent court case says they do have the power to enforce for fees only. However, this was just a County Court ruling made by a district judge so is not a binding decision and is also the subject of an appeal.

My opinion is that if you have nothing of value outside such as a car, or if you do but can keep it somewhere safe or it's on HP, then paying the creditor direct would eventually see the bailiff give up, if you don't mind the hassle.

If you're asking if I'm JasonDWB, then no I'm not.

delmonta

Thanks Oldwood.

Can anyone else confirm this, just because here and on the other forum I seem to have entered into some very personal stuff between people who are all saying the other is wrong. Its hard to make any decisions in the midst of this!

Is this JasonDBW person a good man actually helping people, or am i falling for something I shouldnt be?

And Im not asking Herbie! Someone a bit more objective preferably!

simon_the_poet

Yes, I am afraid it is completely wrong, in almost every particular.

The case mentioned is just one in a long line of county court cases and LGO decisions wich say the same thing.

The regulations clearly state that the enforcement power (the ability for the bailiff to collect sums due under aa warrant) dies only when the amount outstanding is paid in full. The amount outstanding is the sum owed to the authority plus fees.

There has never been any legal authority which has found otherwise.

The case mentioned does not say that fees should not be passed on.It says that the authority is not bound to use the [rocedure which is defined in the TCE to apportion fees.

In particular, it does not say that they are not compelled to pay them.

In any case, it is clear, and as the judge says in no uncertain terms, that, the bailiff can still enforce after the sum is paid to the creditor direct.

simon_the_poet

delmonta wrote: »

Thanks guys

I posted on another forum at the same time as this and I seem to be getting contradictory advice than from here? Can anyone have a look at this and tell me what they think?

http://www.bailiffhelpforum.co.uk/viewtopic.php?f=3&t=4578&p=67522#p67522

He is saying if I pay the council tax then the bailiffs have no right to chase me?

You should not believe anything written on this forum. Its contributors are all ex or current members of the Freeman of the Land community, and despite grandiose claims have never won one case with their "controversial" advice. If you feel you mus follow their advice, do not, and I repeat do not pay any money to them.

If you want advice which is accurate and free, my advice is to go to CAB or just look at their site. All the answers you seek are there.

delmonta

Hi Simon

Thanks for your reply. So basically if I pay the council tax fees online then the bailiffs could just come after me as long as they want for their fees?

I just called Bristol council. I was on hold for 30 minutes twice after being cut off. Apparently the original bill was £127 for council tax, but it was sent when the agents had just started management of my property, and I never got a letter. The woman from the council said they had sent a huge amount of letters, and then reminders and final notices. She says there was no way that they could have not have all been received,

She said she had no power to call off the bailiffs, and there was nothing she could do, even though I did not receive any of these original letters or warnings. Just a £117, I would have paid instantly. I feel so frustrated I'm losing my mind! She said I will have to pay the Bailiffs.

Is there anything I can do now? I just called my agents and they played dumb as always, saying they did not receive the letter or notices, but they are looking into it. I got quite angry with them and said clearly it was their fault. How could they send me a random bill, and then the final notice without receiving anything before or in between! It has their address on, they are in charge of sending them to me!

Can anyone advise on how to approach my agent with this, as it seems to me they are responsible. Should I threaten to sue? I am not sure I can deal with all this right now, as I don't really want to have to find new agents either and lose more money to cancellation and setup fees.

It's so upsetting we live in a world where you can end up feeling so powerless while people screw you over and fail to take responsibility

marliepanda

From a different perspective, you are paying your agents to manage your tenants and your property whilst rented.

They are not there to manage you and your council tax account when you lived there. £127 sounds like a months payment, so you should have been somewhat aware you left without paying for what you as owner owed.

As soon as you found out you should have called the council. It is not your agents job to speak to the council about YOUR council tax. It's barely their job to speak to the council about your tenants council tax either.

delmonta

HI Marlie Panda

I understand what you are saying. I do not expect them to call the council for me. But they are responsible for my post, and the Council Tax bills get sent to their address. I also asked them for more information about the letters and they did not even respond.

The fact is they have received multiple letters which they have not forwarded to me. There I literally no way of me getting this post as it come to them.

marliepanda

delmonta wrote: »

HI Marlie Panda

I understand what you are saying. I do not expect them to call the council for me. But they are responsible for my post, and the Council Tax bills get sent to their address. I also asked them for more information about the letters and they did not even respond.

The fact is they have received multiple letters which they have not forwarded to me. There I literally no way of me getting this post as it come to them.

When you moved, why didn't you give the council your forwarding address? You 'literally do' have a way of having your contact address be your address, not the agents.

It makes no sense for it to go to the agents. The tenants pay their own CTAX and the post goes to them, and you pay yours and the post goes to you. Why have the agents as a mail forwarding service for your account? It's yours.

simon_the_poet

To answer your first part of the question. Yes, the bailiff can continue to enforce under the same warrant for 12 months.
Although usually the warrant will be sent back long before this, usually about four to six months in.