Council tax and Bailiffs charges - how do I appeal
W00dy11
Posts: 7 Forumite
Just had the Bailiffs at my house, this is a first, never not paid a bill before in my life.
They say that letters were sent to my house re council tax charges for a property my brother and I rent out (dad's old house, now deceased).
According to them, they the bailiff's sent letters as well as the council - I have never received any of these either from the council, or the bailiffs so what started as a £200 debt (apparently) was now £565. I did have a tenant move out and would have no dispute in owing money for the void period of a couple of months which had I received any bills or letters I would have paid.
Debt collection agency are called Newlyn and just found several threads to say how poor they are.
I was not in when they came and my partner paid it to stop them taking goods as this was deemed the final demand but the only paperwork they left was the final demand letter which does at least have a council tax reference number on it and a receipt for the money paid but not even a break down of charges.
I realise everyone must say they did not get the letters, but I really did not, I have contacted the letting agent and they have received no letters and there were none at the property during the void period. Will this all affect my credit score which has always been good?
How can I challenge this?
How do I prove nothing was sent?
They say that letters were sent to my house re council tax charges for a property my brother and I rent out (dad's old house, now deceased).
According to them, they the bailiff's sent letters as well as the council - I have never received any of these either from the council, or the bailiffs so what started as a £200 debt (apparently) was now £565. I did have a tenant move out and would have no dispute in owing money for the void period of a couple of months which had I received any bills or letters I would have paid.
Debt collection agency are called Newlyn and just found several threads to say how poor they are.
I was not in when they came and my partner paid it to stop them taking goods as this was deemed the final demand but the only paperwork they left was the final demand letter which does at least have a council tax reference number on it and a receipt for the money paid but not even a break down of charges.
I realise everyone must say they did not get the letters, but I really did not, I have contacted the letting agent and they have received no letters and there were none at the property during the void period. Will this all affect my credit score which has always been good?
How can I challenge this?
How do I prove nothing was sent?
0
Comments
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bailiff charges included in the £563 are £75 compliance fee for the initial referral, and £235 for the enforcement (the visit to the property) . this leaves the original council tax bill for £240 odd, which would also include court fees (between £40 to £90 odd)
as it is now paid, you need to challenge it through the council concerned. You can ask for:
1) all copies of original letters and what addresses they were sent to (especially the Summons letter)
2) liability period the charges cover
you MAY have some redress if letters were sent to the address they know you left (when tenants were at property and they sent letters for you there anyway)
but usually with no forwarding address, they would have done a track and trace on you or your brother. you may find that bills were being sent to him only (maybe?), and that after all the letters, tracking, non payment, they found an address for you, and that where you found yourself last night0 -
Thank you for your help - bailiffs - also stating they sent letters to my address, I don’t know the difference between debt collectors and bailiffs - bit sceptical they sent any letters but will dedicatedly follow up with council - thanks again0
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Debtor collectors can ask nicely, enforcement agents (as bailiffs are now called) can remove your goods. Letters will have been sent, they will not miss that one - where they were sent is a different matter.I don’t know the difference between debt collectors and bailiffs
As well as the council it would be best to ask the enforcement agents as to when and where the original enforcement notice was sent.Thank you for your help - bailiffs - also stating they sent letters to my address, I don’t know the difference between debt collectors and bailiffs - bit sceptical they sent any letters but will dedicatedly follow up with council - thanks again
With difficulty - the council and enforcement agents will have evidence of postage, once that is established then the statutory presumption is that the mail is delivered unless there is evidence to the contrary.How do I prove nothing was sent?I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
As this is a civil matter, the burden of proof is balance of probabilities. It is up to you to show that more likely than not you did not receive the various letters. This is difficult.
There are a number of questions you need answers to.
How did council know that tenancy had come to an end eg letter from tenant.
How did council know you were the landlord.
Did tenant claim housing benefit. Check whether the form discloses the landlord's address.
Is there any possibility that the letters were sent to your brother. Are his answers likely to be reliable.
Ask council for copies of ALL correspondence relating to this property/ yourself since your dad died ( SAR may be useful). Same for bailiffs.
You need to ask whether the amount of effort involved is worthwhile for the amount of money and personal pride at stake.0
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