Feeling intimidated by council tax enforcement agent

LarryR

Hi all

Back in January 2020 I was having some work done on my house which meant I had to move out for a few months into a short-term rental. Thanks to the pandemic 3 months turned into 5, and in May we moved back home. 

Fast-forward 4 and half years and I get a message from the owner of the house we rented for those few months saying there's a "rather serious looking letter here for you, if you want to pick it up, or I can put it in the post with 'not known at  this address'?" So, I went and picked it up, not really knowing what it could be about.

It turned out it was a letter from a company called Equita saying that I owe some council tax (2 months worth), plus some fees (£75).

The letter is dated 29-Jul-2024, it was a couple of weeks before I managed to get over there and pick up the letter. A few days later I ring Equita to find out what this is relating to (as the letter just says Council Tax, no period). They tell me it is for council tax from Apr/May 2020. I could have sworn I paid that, but maybe I didn't?

I call the council to double-check I definitely didn't pay, but it's impossible to get through to anyone, so I give up, thinking I'll try again another day. 

The next week I get another message from the owner of the house I rented to say there's a hand-delivered letter there for me. So, knowing it is from Equita I call them again and they tell me that was the bailiffs?!?! The bailiffs???

They tell me I need to pay them or speak to the council. Oh, and an extra £200 fee has now been added.

I ring the council, go round in circles for about an hour, and then finally speak to someone. They have my full account in front of them and tell me I paid Jan-March, but April and May were unpaid and as I didn't leave a forwarding address they just kept writing to me at the rental address. The trouble is, the rental was knocked down after I moved out (not because of me, before you ask), and it took him over 3yrs to build the new house there (it was the height of the pandemic, then he went through a messy divorce).

Obviously, all those letters were not getting to me. I explained this to the council tax guy who wasn't overly interested. He gave me an email address at the council and told me to email the information in. He also said that the department who looks at this has a big backlog and it could take 20+ working days for the council to reply. He said, in the meantime, I should tell the enforcement agent to 'put a hold' on the claim while the council investigate.

I explained this to the bailiff who had visited the property from Equita - he gave me an email address at equita for me to explain what was going on. Which I did.

However, Equita emailed back saying they won't put a hold on the recovery saying that unless 'they hear from their client directly' instructing them to hold the recovery, it will continue to accrue fees or worse. I have emailed them 3 times and each time it is like speaking to a brick wall. I included the email I sent to the council in one of the emails, so they could see what was the council were investigating.

My question is should they not put a hold on the recovery as requested while the investigation takes place? If the council come back and don't agree to waive the fees, then I could be in for a hefty bill? Or worse, the bailiffs could show up again?!?

Thanks




This was my last email to Equita...

Dear Mr x,

Thank you for your prompt reply regarding the case currently under investigation by Barnet Council.

I'm writing to seek clarification on your request for payment. Given that Barnet Council, your client, is actively investigating this matter, I have concerns about making any payments at this time. Specifically:

- Why would it be appropriate to make a payment while the investigation is ongoing?

- How would any payments made now be handled if the investigation results in a decision in my favour?

I believe it would be prudent to await the outcome of the council's investigation before proceeding with any payment Could you please confirm that you've been in contact with Barnet Council regarding this case and its current status?

I appreciate your attention to this matter and look forward to your response addressing these concerns.

Best regards,

And here is their reply...

Good afternoon, 

I can confirm that we have received your email, and the case has been noted with the details. Please be advised that until our client doesn’t contact us directly to advise us regarding hold on the account, we’re not holding enforcement action on the account.

Please contact our call centre on 01604 xxxx to arrange payment of the outstanding balance.

Failure to set a payment plan will result in a visit from an Enforcement Agent and further fees being applied to the case. 

I trust the above is of assistance. 

Kind regards,

In my letter to the council dated 23-Aug, I made the following points:

I am requesting a recall of this enforcement notice based on the following circumstances:

1. Temporary Residence: I resided at the address temporarily between January and May 2020 (due to the pandemic, our stay was extended longer than initially planned 3months)
2. Lack of Forwarding Address: Upon moving out, I did not realise there was unpaid council tax, and I did not realise I had not provided a forwarding address (there was a lot going on at that time, if you cast your mind back)
3. Lack of correspondence: Due to the lack of a forwarding address, I did not receive any subsequent bills or correspondence regarding this matter.
4. Recent Notification: I only became aware of this issue recently, on 10th August when the current property owner contacted me about an "important letter", which I picked up a approximately two days later. This was the first communication I had received regarding this matter in over 4 years.
5. Prompt Action: Upon receiving this information, I immediately contacted Equita and have subsequently reached out to the Barnet Council tax team on August 22nd.

I acknowledge the outstanding council tax and am prepared to settle this amount. However, I respectfully request that any additional fees be waived, as I did not receive any prior notifications due to the circumstances outlined above.

In light of this information, I kindly ask that you:

1. Recall the enforcement notice
2. Provide me with the exact amount of unpaid council tax
3. Allow me to pay the original tax amount without additional enforcement fees

I appreciate your understanding and look forward to resolving this matter promptly.

Grizebeck

If equita don't have your current address I would not overly worry

TheJP

If you aren't sure you paid then its very likely you didn't pay the council tax. Check your bank accounts to see if you paid. Pretty easy to determine yourself if you paid or not.

LarryR

I have checked my bank account and can see that I didn't pay those 2 months council tax (oversight), 4yrs ago, however, I'm asking them to let me pay and waive any fees.

LarryR

Grizebeck said:

If equita don't have your current address I would not overly worry

They have my email address and mobile phone number. Plus I have engaged with council now. 

TheJP

LarryR said:

I have checked my bank account and can see that I didn't pay those 2 months council tax (oversight), 4yrs ago, however, I'm asking them to let me pay and waive any fees.

Why would they waive the fees, you knew you had to pay council tax, you didn't so the council took measures to reclaim. Just pay the bill and the fees and move on. You are acting like a victim when you didn't pay when you should have.

You also state it was 4 years ago, did you pass on a forwarding address when you left? 

the_lunatic_is_in_my_head

OP generally debt collectors fees are not enforceable but council tax might be different, there is a board here on MSE for debt and one for council tax.

If you owe the tax I'd pay it, Citizen's Advice says bailiffs fees are limited (yours seem to fall within the limits) 

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/check-bailiffs-fees/

so the situation with paying bailiffs fees may be different to the send scary letter brigade of debt collectors. 

penners324

LarryR said:

I have checked my bank account and can see that I didn't pay those 2 months council tax (oversight), 4yrs ago, however, I'm asking them to let me pay and waive any fees.

Very unlikely they'll waive the fees.

It'd be best to pay up ASAP.

You can get an online Council Tax account.

theartfullodger

Council tax debt is one of the very rare debts you can go to jail for.  Pay in full IMMEDIATELY (if you feel very sure you are in the right "under protest" - but I doubt it).  Then explore if you did or didn't owe it.

Pleased to hear of a council taking debts (thus their income..) seriously.... 

TheJP

theartfullodger said:

Council tax debt is one of the very rare debts you can go to jail for.  Pay in full IMMEDIATELY (if you feel very sure you are in the right "under protest" - but I doubt it).  Then explore if you did or didn't owe it.

Pleased to hear of a council taking debts (thus their income..) seriously.... 

OP has already said that they owe the debt but don't want to pay the additional charges for not paying. It's like saying i'll pay my mortgage off each month but won't pay the interest.

user1977

theartfullodger said:

Council tax debt is one of the very rare debts you can go to jail for. 

Only in more backward jurisdictions...