Council tax gone to baliffs

[shaja]

The issue that I have experienced was: The property in question was for my father under my name. He said he would pay the council tax. Unknown to me he didn't and now they have come to me. I accept that I am liable. However I did not know about the missed payments or that they were going to send it to court. The debt of £640.70 has been passed to baliffs who have so far added on their £75 fee. I called to explain that I am not financially stable at the moment and would like to set up a payment plan. The maximum they would consider is 3 months which is still too much for me. I asked for around 6-7 months to pay off at which point they told me they can consider that but only after an agent visits my property and slaps on another £200!
I received the letter from the baliffs on November 23rd, 2017 which was my first letter overall regarding the matter.

I need urgent help. I understand that I have to pay it off but I cant afford what they are asking for alongside currently paying my mortgage and council tax etc. What can I do? I don't want the matter to escalate any further.

[Kati]

Re: Council tax gone to baliffs

tagging [MENTION=26498]ploddertom[/MENTION] [MENTION=92682]lgfa92[/MENTION]

[lgfa92]

Re: Council tax gone to baliffs

The property in question was for my father under my name. He said he would pay the council tax. Unknown to me he didn't and now they have come to me. I accept that I am liable.

First of all the question that needs to be answered is one of correct council tax liability. Can you confirm who was living in the property ?

[shaja]

Re: Council tax gone to baliffs

My mum and dad. I was occasionally living there but most of the time I was crashing with a friend. However I don't mind paying the debt as the rent contract was in my name, but will wish to do so in instalments.

[lgfa92]

Re: Council tax gone to baliffs

My mum and dad. I was occasionally living there but most of the time I was crashing with a friend. However I don't mind paying the debt as the rent contract was in my name, but will wish to do so in instalments.

Had you ever lived in the property as your 'sole or main residence' ? This makes a big difference to the action which has been taken and whether or not it is correct.

I asked for around 6-7 months to pay off at which point they told me they can consider that but only after an agent visits my property and slaps on another £200!
I received the letter from the baliffs on November 23rd, 2017 which was my first letter overall regarding the matter.

There's no requirement to give any instalments. In this case it appears that they will accept an arrangement but only once that have taken control of goods in case you don't pay, this is a standard process.

[shaja]

Re: Council tax gone to baliffs

Could you elaborate on what you mean by sole or main residence? The baliffs told me that because the house contract was in my name I am liable. Also they can take controls of goods if they want i'm not fussed as I have worked out what I can pay and will definitely pay it - I just don't want an extra £200 slapped on!

[lgfa92]

Re: Council tax gone to baliffs

Could you elaborate on what you mean by sole or main residence? The baliffs told me that because the house contract was in my name I am liable. Also they can take controls of goods if they want i'm not fussed as I have worked out what I can pay and will definitely pay it - I just don't want an extra £200 slapped on!

Council Tax liability in this case would require that the property was your 'sole or main residence'* or else you're not regarded as being resident. The council tax liability in that case would then vest in the actual residents of the property. This is enshrined in council tax legislation but can be difficult if it's something you're not familiar with. It's quite a common query that I see with my clients as it obviously makes a great difference as to who should be named on the council tax demand (and hence subject to action for non-payment).

They're unlikely to accept the arrangement without having the control of goods. In 10 years or so of dealing with bailiffs I will say it was rare for them to accept arrangements without the control although not impossible. The charging of the £235 is probably unavoidable at the time,

* it's not defined in legislation but the general principal is the property where a 'man off the street' or 'reasonable onlooker' would say you were resident.

[ploddertom]

Re: Council tax gone to baliffs

If you received your first letter from the Bailiffs on 23 November then that should have been headed Notice of Enforcement and should have given you a date by which you should either pay or make an arrangement to pay. You will have been charged £75 for this. The time for this Compliance Stage will have finished now and most likely a Bailiff will be scheduled to call - you will be charged £235 for this.. The good thing is that there is no power of forced entry providing you don't allow him in. If you are not willing to enter a Controlled Goods Arrangement then there is not a lot more he can do except hope he can find goods of value outside your home - usually a car is a favourite.

You could put to one side each payment you want to make as after a period of time when the Bailiff realises he is getting nowhere the debt will be handed back to the Council & you can then pay the Council the monies you set aside as an intention of good faith. Doing this is not without its pitfalls as enforcement visits may continue in the interim.