Newlyn bailiffs regarding council tax.

altin_2 · 9 October 2011 at 5:45PM

Hi all.

Sorry have to go back a bit back to clarify the situation:

In September 2005 we moved to a different rented property on different borough. Somehow I thought that is landlord's responsibility to notify the council that I moved out. After a year or so I received a letter at my work from (old)council, demanding payment for unpaid council tax. I went and show them proof of my new address including dates I moved in/out. And I thought everything is sorted.

A month ago received the first letter from newlyn about unpaid council tax...what made it more suspicious was the bold line: Do not contact the council...Also I received 4 different letters with 4 different amount of money.
A bit of research and a lot of people say not to worry, through the letters to bin etc...
After a few others letters from them, the latest one is about bailiffs coming around, and the worry bit is that they have powers regarding council tax (https://forums.moneysavingexpert.com/discussion/comment/47530303#Comment_47530303).

I'll try to contact council, but is anything I can do to not let any ugly situation happen?

Thanks in advance.

unholyangel · 9 October 2011 at 6:50PM

Write to them saying you do not acknowledge this debt and you would like to see what proof they have that this debt does indeed belong to you.

Its up to them to prove the debt belongs to you, not the other way around. Remember and sent it recorded delivery and keep a copy of the letter yourself. You should actually find some templates over on the debt board. Can also read this thread for some information:
https://forums.moneysavingexpert.com/discussion/2992820

By disputing the debt, they shouldnt be able to send agents to your home. If they do, it will give you grounds to complain to OFT. By OFT's guidelines, if a debt is genuinely disputed, they should then investigate and confirm the debt is actually owed before they continue.

Might also be better posting on the debt board, you'll probably get more accurate advice there.

arcon5 · 9 October 2011 at 7:03PM

I think the advice to ignore collection agencies relating to council tax is TERRIBLE!! If it was a parking ticket from a private company then maybe, but the council in my experience are fast and furious in chasing debts, i'm infact surprised you haven't been summoned to court yet.
We missed a council tax payment a while back and after about 6 weeks (despite the fact we had in the meantime paid what we thought to be the next months payment) received a court summons with a date on :eek: (apparently they sent us reminders which mysteriously didn't arrive)

Do as above poster said and dispute the debt. It should be sent back to the council (no doubt they will continue to persue you in the meantime though) for review and with any luck they will sort it out then.

DVardysShadow · 9 October 2011 at 7:06PM

unholyangel wrote: »

Write to them saying you do not acknowledge this debt and you would like to see what proof they have that this debt does indeed belong to you.

Its up to them to prove the debt belongs to you, not the other way around. Remember and sent it recorded delivery and keep a copy of the letter yourself. You should actually find some templates over on the debt board. Can also read this thread for some information:
https://forums.moneysavingexpert.com/discussion/2992820

By disputing the debt, they shouldnt be able to send agents to your home. If they do, it will give you grounds to complain to OFT. By OFT's guidelines, if a debt is genuinely disputed, they should then investigate and confirm the debt is actually owed before they continue.

Might also be better posting on the debt board, you'll probably get more accurate advice there.

The above advice is standard for a civil debt. Council tax is very different and it looks like it has gone to court and the bailiffs are now on it. Bailiffs have powers which ordinary debt collectors do not. And the OFT has no jurisdiction over council tax debt.

Take this problem to the DebtFreeWannabe forum for accurate advice.

arcon5 · 9 October 2011 at 7:17PM

If it had gone to court, surely they would have issued notices to ops known address (the new one) :huh:

unholyangel · 9 October 2011 at 7:17PM

DVardysShadow wrote: »

The above advice is standard for a civil debt. Council tax is very different and it looks like it has gone to court and the bailiffs are now on it. Bailiffs have powers which ordinary debt collectors do not. And the OFT has no jurisdiction over council tax debt.

Take this problem to the DebtFreeWannabe forum for accurate advice.

Might be different in scotland then. I had an issue with something similar and i was told to dispute the debt - by the sheriff officers dealing with it - to stop further action so it could be investigated.

That being said, bailiffs dont have the same power here.

CIS · 9 October 2011 at 8:23PM

Do as above poster said and dispute the debt. It should be sent back to the council (no doubt they will continue to persue you in the meantime though) for review and with any luck they will sort it out then.

There's no requirement for it to be passed back to the council - the best you can hope for initially is for the council to ask the bailiff to hold action for 2 or 3 weeks but this is at the councils discretion.

altin_2 · 9 October 2011 at 8:24PM

If it had gone to court, surely they would have issued notices to ops known address (the new one)

Until a few weeks back I didn't know anything about this case.
Also a 3 months ago I done a credit check(with experian) and was nothing regarding the above.

altin_2 · 9 October 2011 at 8:35PM

Now that I'm getting totally unhappy with the situation, is it a good idea to start with debt-collection agency first, and told them I'm in contact with council, about paying debt back (in case there is anything to pay at all).

unholyangel · 9 October 2011 at 8:51PM

From http://www.adviceguide.org.uk/england/d_council_tax_arrears.pdf

If you don't agree you owe the council tax, for example because you've been
charged for a period when you no longer lived at that address, tell the council
straight away. If they agree, they can stop the court action. If they don't agree
or you can’t contact the council, you will need to go to the court hearing at the
time shown on the summons.

CIS · 9 October 2011 at 8:53PM

Until a few weeks back I didn't know anything about this case.
Also a 3 months ago I done a credit check(with experian) and was nothing regarding the above.

It isn't recorded on your credit record.

Newlyn bailiffs regarding council tax.

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