Council Tax removal notice / dont have to be on property to remove

[powderpuff]

I am struggling to deal with a council tax bill on a rented property I was not residing at, I had moved.

All letters went to old address, at 9.15 pm at night ballifs called to demand payment on bill, I did not have money and my son with autism was very distressed. I did not let them in.

I contacted council to send evidence i was not in property at the time of billing 10 days ago.. i had no reply and really rude staff on the phone.

Today 1st October at 8.15 the ballifs called again , i told them i would not let them in, the left a notice " removal notice" that states i do not have to be in property.

what started out as a bill for 120 pounds is now £561.

I had an accident 5 yrs ago and have a brain injury and this is making me so distraught.. may i ask can they break into the property if i go out.. I do not have the money.

thank you for your time.

[Indebt]

Re: Council Tax removal notice / dont have to be on property to remove

Is the tax in question for a period after you had left the property, or for a period relating to when you were residing there?

Do you have any evidence that the bailiffs called at 9.15pm (as opposed to say 8.55pm)? Were they uing cameras?

Have you received any prior correspondence from the bailiff company, before the visit? In particular did you receive something entitled "Notice of Enforcement"?

Do you own a car or anything of value outside of your property?

[Milo]

Re: Council Tax removal notice / dont have to be on property to remove

I am so sorry to hear of your health problems and it would certainly seem that you would be considered 'vulnerable'. It is vitally important that you speak with the council regarding your health on Monday morning.

Just to reassure you, the bailiff can only gain entry into your home by either walking through an unlocked door, or alternatively, by invitation. In your case, it would be most unwise to allow entry to the bailiff.

YES, the bailiff can remove property in your absence. However....what this means is that they can remove items OUTSIDE of your home. These items could include a motor vehicle, caravan, motorbike, expensive garden equipment etc.

The bill has risen because the bailiff had added statutory fees of £310. (£75 compliance fee and £310 enforcement fee).

Please post back after you have spoken with the council on Monday.

[powderpuff]

Re: Council Tax removal notice / dont have to be on property to remove

thank you.

I had moved from property last year, I was not living there and had no letters at new address. The bailiffs came at 9.15 at night and i do have CCTV and neighbour to state this. I had notice of enforcement given to me when they arrived , nothing before that that.

I dont have a car because of brain damage. I am afraid they will break down the door when i go out. I have written to council and shown lots of proof i had moved but had no written reply, when i phone them they just keep putting me on hold and almost mocking me..I have slight slur when i speak from accident. ... bailiffs again came today at 8.15 or 8.20 am

I walk my son to school as he has autism and afraid they will break down the door when i am out.. thank you.

[Milo]

Re: Council Tax removal notice / dont have to be on property to remove

thank you.

I had moved from property last year, I was not living there and had no letters at new address. The bailiffs came at 9.15 at night and i do have CCTV and neighbour to state this. I had notice of enforcement given to me when they arrived , nothing before that that.

I dont have a car because of brain damage. I am afraid they will break down the door when i go out. I have written to council and shown lots of proof i had moved but had no written reply, when i phone them they just keep putting me on hold and almost mocking me.

I walk my son to school as he has autism and afraid they will break down the door when i am out.. thank you.

Can I please reassure you once more that a bailiff cannot ....and WILL NOT break into your property to enforce a council tax debt. There are close to 4 million households that are subject to a Liability Order and I have assisted thousands of debtors over many years and I have never ever come across a case of a bailiff forcing entry for council tax.

Is there any way in which you could visit the council tax office in person to sort this out?

When you do speak with the council, you should mention that you have CCTV and that the bailiff attended at a time of day that he is not allowed to do so. The regulations do not permit bailiffs to attend after 9pm.

[Milo]

Re: Council Tax removal notice / dont have to be on property to remove

I forgot to ask....which enforcement company are chasing you?

[powderpuff]

Re: Council Tax removal notice / dont have to be on property to remove

Thank you so much for your time, thank you..i have been distraught. I will go to the council on Monday to try and sort it out.

- - - Updated - - -

the company is Phoenix Commercial Collections

[Indebt]

Re: Council Tax removal notice / dont have to be on property to remove

OK The first thing to do is to rest assured that the bailiff cannot force entry into your home unless he has previously gained entry and listed items within your home. You did the right thing not letting them in and should do this in the future, should they return. Better still don't open the door to them in the first place-You have no legal obligation to do so. Make double sure that all external doors remain locked at all times though-A bailiff may enter through an unlocked door.

As you have experienced writing friendly letter and making friendly phone calls to the council have no effect. What you have to do is to write a letter to the council headed "Formal Complaint-Stage 1". Address it to the recovery manager or head of revenues if you know who this is-If not, address it to the CEO and it will be passed down to the relevant department.

Explain what has happened, as per your post #1. The reasons for your complaint are:

1. You have had no prior Notice of Enforcement from the agency
2. The bailiff called after 9pm, which is not prescribed in legislation
3. You have no knowledge what this debt relates to and require a breakdown of both the council tax and the enforcement fees.
4. You have previously written, enclosing evidence of vulnerability yet the council have failed to acknowledge this, let alone act on it.

For the avoidance of doubt, explain both yours and your son's conditions and enclose evidence of them. Ask that enforcement be suspended whilst the complaint is being investigated.

If you can do this by email, it will get into the system much quicker. If you have a mobile for the bailiff, text: "vulnerable person and no prior NOE received-Matter now with council, please do not return until resolved-No entry will be granted and no goods/vehicle outside"

Any problems, post back

[powderpuff]

Re: Council Tax removal notice / dont have to be on property to remove

thank you. i am so grateful

[Indebt]

Re: Council Tax removal notice / dont have to be on property to remove

Fingers crossed for you.

You may well find that you do owe some council tax but we'll probably be able to get an affordable repayment plan set up and most,if not all of the fees removed.

[Milo]

Re: Council Tax removal notice / dont have to be on property to remove

I am struggling to deal with a council tax bill on a rented property I was not residing at, I had moved.

I contacted council to send evidence i was not in property at the time of billing 10 days ago.. i had no reply and really rude staff on the phone.

what started out as a bill for 120 pounds is now £561.

I had an accident 5 yrs ago and have a brain injury and this is making me so distraught.. may i ask can they break into the property if i go out.. I do not have the money.

If it is the case that the council accept the evidence demonstrating that you had vacated the property, then the council should amend the Liability Order debt (of £120) and this should bring the matter to an end. It is therefore of vital importance that you contact the council on Monday (preferably by visiting if possible).

I am assuming from your post that you do not work. Are you in receipt of any disability benefit?

[Indebt]

Re: Council Tax removal notice / dont have to be on property to remove

There is no need to lose a days pay by visiting the council. An email will suffice. This is not life or death. The bailiffs have no power of entry and the OP is quite relaxed about refusing entry. The email will enter the system at some point on Monday and hopefully enforcement will then be placed on hold. Once enforcement is on hold, the matter may be resolved at a sensible pace.

If you do not work then there is no harm going in. However, my feeling is that the council are more likely to act upon a formal complaint, especially given their previous reprehensible attitude to your letters and phone calls.

[ploddertom]

Re: Council Tax removal notice / dont have to be on property to remove

If I may suggest it will be worth contacting your local Councillor(s) and ask they intervene on your behalf. In my view they are contactable 7 days per week up until approx 9pm, if they refuse or are reluctant then contact the leader of the Council and their opposite number. If you do this today/tomorrow then they can get started with the Council on Monday and they will attract a different response to what you have faced.

Contact details for Councillors etc can be had from www.writetothem.com - you have nothing to lose by doing this particulalrly if the Council are being intransigent.