I'd prefer not to provide my current address to prevent financial or other ties to the people i live with. I also want to avoid the hassle of bailiffs turning up at this address the address i live at - pays full council tax . bailiffs turning up and threatening to take goods at my daughters address , would be detrimental to my daughters current condition. My daughter would not cope . its ok saying they cant do that, but we all know that these bailiffs do not follow guidelines and prefer to intimidate,, is there a poster or notice i can attach to the door - to stop them calling

i have telephoned the council they refuse to put a hold on bailifs , or to change the property into my daughters name and implement the smi they are insisting i provide my current address details. surely there is no legal requirement for me to do this . is there anything i can do other than submit to their bully tactics.

I was not the owner of the property where my daughter lived in 2022, it was a rented flat. attached are copy letters 1_3_2_4_merged.pdf

Yes, i am the Landlord. Yes I believe I am on the electoral role at the address In my daughters case, the smi is almost certain to a life long illness , I would surmise that smi patients in general are more likely to be hospitalised due to their illness.

Ok , this is the position My daughter lives in a property i own - I purchased the property in November 2022 and had to refurbish due to flooding so the property was not inhabitable until March 2023 My daughter was living elsewhere at the time and moved into my property after it was renovated.( she has lived there since march 2023) she has applied for ctax exemption due to SMI CT office have all the medical forms, proofs of benefits, and bank statements to prove this is an ongoing permanent condition, The council have confirmed receipt of all the forms and even asked which addresses the SMI applies to - Both the previous address and current address were provided for the SMI exemption . the council have bailiffs chasing her for a small amount of CTAX from a previous property where she was also Exempt . i have written to the council explaining the position - they agreed to put 2 week hold on this account . we assumed the council tax was covered by the SMI Claim being back dated to 2022 and cover current years. ( the council requested proofs of benefit payments for the previous years which was provided and acknowledged) My daughter was hospitalised due to her illness from November last year to Mid February this year. I have a proper tenancy agreement with my daughter and all the bills etc are in her name . I do not reside at the property. I visit almost daily to check on my daughter, make sure she is eating, do a little washing and help with keeping the property tidy etc. The council have issued bailiff recovery action to recover CT for 2022 ( when the house was uninhabitable) and for the 2023 year. The bills have been raised in My name ( Not my daughters) . I do not live there, i have no personal clothing or belongings there and have never stayed overnight. However - i use the address as my accommodation address, When i contacted the council via email regarding the bills and action , they have asked me to provide my current address for Audit purposes ?? . I currently stay at a friends house on an informal arrangement , They pay full council tax and do not claim benefits, I do not use their address because i do not want financial links or ties to that person, hence the accommodation address being my house which i visit almost daily due to my daughters condition There is no offence or deception involved here - i do not see any legal reason as to why i need to provide my details in this instance. Any advice on how i proceed / get the council to cancel the action . Thanks

Ok, so i live and learn, Obviously disappointed but ill pay and put it down to experience, Or lack of in my case Thanks guys - ill be on the ball next time.

Ill pay it and report to HCEOA see where it goes, The video footage will show my offer of payment at the outset and my several requests to enter in a repayment plan for the remainder, it will also show how he changed the amount without warning or a CGA once i said i had the funds available to pay. Disappointing really because i've had dealings with HCEO's in past, and in all of these circumstances the attending HCEO's have been fair and amicable, looks like this company supports the dishonest practice of their HCEO's adding undue fees / commission. Thanks to all for the feedback .

what do i do if they come back, ? - They said i have until Friday to pay their email says they rejected my complaint - I pointed out that no CGA exists and referenced the Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations. as previously advised, Their reply ( quoted below )still states that they can recover both fees. "Dear xxx Regulation 4(5) read as a whole is clear that an agent is restricted to recovering the first stage enforcement fee if he agrees a CGA with a debtor. ES2 may also become payable if a CGA is agreed and then breached but it is clear from the wording of the statute that if no CGA is agreed at all then he may recover ES1 and ES2 provided that the escalation to ES2 was justified by the action which he took during his attendance. Because the agent gave you multiple opportunities to pay the balance at ES1 which you did not take he was justified in escalating the matter to ES2 and both fees may be recovered together. The request for footage has been sent on to the relevant team, they will reply within the statutory 30 day time period. Yours sincerely,"

I have until friday to pay. They do not look like they are backing down

Today i received an email stating they are rejecting my complaint - and they are still asking for payment Stating that i still owe the money . The email reply is below (Note i made the offer borrowing the difference from a third party prior to any costs being increased and no CGA or warnings were given - The agents recollection of sequence of events is different to actual events ) Quote " Dear Mr XXXXX The agent who attended was xxxxxxxxxxx he is certificated enforcement agent whose certificate is issued by the xxxxxxl County Court. The fees charged are statutory fees set out in the following table which is the Schedule to the Taking Control of Goods Fees Regulations: Table 2 Enforcement under a High Court Writ Fee Stage Fixed Fee Percentage fee (regulation 7): percentage of sum to be recovered exceeding £1000 Compliance stage £75.00 0% First enforcement stage £190.00 7.5% Second enforcement stage £495.00 0% Sale or disposal stage £525.00 7.5% ES1 is payable from the first visit of the enforcement agent, there is no dispute that Mr xxxx attended and that sums were due under the Writ when she did. Both the first and second stage fees may be recovered together where no CGA is entered, and this is confirmed by Regulation 4(5)(b): "Regulation 4(5)(b): (b)where— (i)the enforcement agent and the debtor enter into a controlled goods agreement which the debtor breaches; or (ii)the enforcement agent and the debtor do not enter into a controlled goods agreement, both the first enforcement stage and second enforcement stage fees may be recovered from the debtor, and the first enforcement stage fee is recoverable where sub-paragraph (ii) applies notwithstanding that the first enforcement stage did not apply." No CGA was entered in this case. In this case you met with Mr. xxx and had a straight forward conversation, he explained that he was instructed to collect the full balance then due under the Writ, he explained that if you could not or would not pay the balance at ES1 then he would escalate the matter to ES2 he also explained that he could then look to escalate the matter further if he was required to remove goods from the premises. Mr. xxxx asked if you could pay the ES1 balance a number of times, on each occasion he was told that the payment could not be made. Initially he was offered £3000 which he explained would not be full payment so would not halt enforcement or escalation to the second enforcement stage. You then advised Mr. xxxx that you could potentially raise £3600 odd, which was the original Notice of Enforcement balance. Mr. xxxx confirmed that this was not the balance at ES1 so he would escalate the matter to ES2 and seek payment of that balance. You then advised that you could have borrowed the additional money to pay the ES1 balance from a third party, you asked Mr. xxxx to reduce the fees back to ES1 which he refused. You then made a part-payment of £4000 the agent agreed to allow the remaining balance to be paid on 5 February. As the agent explained he was unable to roll back the fees from the escalation point to ES2 which came about because you did not make payment in full of the ES1 balance when it was requested. As Regulation 4(3) makes clear the agent was correct not to remove the ES2 fee because it remains recoverable even if at a later point payment in full of a prior stage of enforcement is offered: (3) The enforcement agent may recover under this regulation the whole fee provided in the Schedule for a stage where the amount outstanding is paid after the commencement, but before the completion, of that stage. Therefore, after conducting the relevant file review and review of the statutory fees, I am unable to uphold your complaint. Payment of the balance which is £565.59 remains due today per the requirement of Mr. xxx. If you are unable to pay this sum today then I will extend the time for payment until the end of this week being Friday 9 February at 4pm. Yours sincerely, xxxxx Technical Enforcement Manager."

Thank you, I have asked HCEO to supply a breakdown of the fees which they have done, It clearly shows they have charged the £495.00 fee for Enforcement stage 2. I have asked them to remove it quoting the wording "taken from the Explanatory Memorandum supporting the Taking Control of Goods (Fees) Regulations. " as kindly explained. lets hope the remove the charge.

if i read correctly , the 2nd stage of enforcement fees £495 is valid? because he did NOT enter into controlled goods agreement, If so , Ill just pay, Thankyou to all the people who have taken time to answer.

EA did not make a list , but there are vehicles in the car park ( private van truck and cars - not company owned) but yes he could very well have put those down in his notes, he did not disclose anything to me

We have no post box unless the shutter is open . I had reluctantly agreed to pay the £4057.93 but hceo then said fees had increased by another £495 ( within minutes of telling me the fees were £4057.93) this i assume is 2nd stage of enforcement ( but i didnt refuse to pay or enter into an acceptable agreement to pay the debt, nor did a break an agreement to pay I had offered to pay most of the debt immediately and the remainder in 2 weeks. At no time did i refuse to make payment .

HCEO attends for debt of £3,667.93, then escalates debt to just over £4560. on first visit On the 5th of January i received by post a letter from Wilson Roe HCEO - Notice of enforcement for a debt to a supplier for a debt of £3588.37+ interest + £75 compliance. the post man handed it to me whilst i was working on a vehicle outside outside my unit . The letter was Dated 18th December. a short while later that same day a HCEO turned up. I still had the enforcement letter in my pocket . He walked over and identified himself, I laughed - explained that i had only just received the letter. we went into the unit and sat down. I explained about the letter arriving earlier that day and my belief that we are usually given 7 days clear notice to pay or arrange a payment plan. he dismissed this. He asked if i could pay. I said yes but i only had £3000 of the £3667.93 showing on the letter available - i would be able to pay the remaining £667.93 in 2 weeks if possible - otherwise i would need to borrow the remainder. . He said the amount has now changed because he had attended. - enforcement stage 1 fees additional £190+7.5% of debt above £1000 - (7.5% of £3667.93 = £200 + the £190 = £390 of additional fees) - Total due now being £4057.93 Obviously i disputed this, stating that it seemed excessive especially considering the delayed post over Christmas and my offer of payment. under duress, I agree to make payment of debt and stage 1 fees. Stating that i need 30mins to an hour to make a couple of phone calls to obtain additional monies. He then stated that the costs have risen Again ..? he now wanted and additional £495 because i had refused to pay ( I did not refuse to pay - i had simply asked to explore the options of paying £3000 immediately and the remainder in 2 weeks time) He stated this was next stage of enforcement The new amount due was now £4560.73 - After telling the HCEO that i was not happy with the fees and suspected that they were both excessive and incorrect, His reply was to say that our conversation was recorded and that all the fees were valid. I felt very intimidated and told him that i had not long returned to work after having a heart attack and surgery, i told him i was feeling unwell and pressurised, i was physically shaking. In the end, to get rid of him , i felt pressurised into paying £4000 ( after borrowing £1000 from my daughters account) and sign an agreement to pay the remaining £560.73 by the 5th of February. I told him i would be complaining. It does not sit right with me, Is this normal practice. any advice on how i dispute this or do i have to suck it up and simply pay the remaining £560.73 ?

Ok, that's what I will do. Thanks for your prompt help TW3

Thanks Steampowered ,Supervillan FKOfilee , Bazzas, and others. I was fairly confident that was the case - just needed to have it confirmed just wondered if they were committing an offence or fraudulent activity by changing trading title to secure a debt I need to come up with a set of wording for the claim form defence, I also note the claim form is signed by Debt collectors company name and not an individual - I thought a statement of truth needed to be signed by an individual the claim form guidance notes state "Statement of truth, This must be signed by you, your solicitor or your litigation friend. Where the claimant is a registered company or a corporation the claim must be signed by either the director or other officer of the company or (in the case of a corporation) the mayor, chairman, president or town clerk. does this invalidate the form.

Thanks Steampower, I was fairly confident that was the case - just needed to have it confirmed

I will defend on this basis just wondered if they were committing an offence or fraudulent activity by changing trading title to secure a debt

The limited company is a separate legal entity in its own right. I disagree with the director being liable - unless they had PG which they did not. I don't think the debt is transferable by simply changing the name format - this must illegal or wrong. They have previously invoiced in the ltd company name - I don't have any copy invoices. I left paperwork behind when I gave keys to unit back I am hoping to defend on basis of Ltd co liability not directors

company ceased trading. no money in bank or assets apart from handtools single director lease came to an end no phoenix company company had been inactive for several months company dissolved

eon are using LCS ( debt collector) to chase for Limited company debt, company no longer trading - Dissolved in February 2016 eon have changed the name on correspondence from "XXX Limited co" to ( Directors name T/A XXX ) i wrote back to LCS stating LTD company is separate legal entity - and that they cannot simply assign the debt to the previous director. I also asked for copy of any agreements, signed documents, copies of any bills etc as i believe the bills will have xxx ltd ( Not TA) Is this Practice legal - surely there is an illegal re-assignment attempt here - what about VAT ?? they cant retrospectively go back and change names on invoices and reassign the vat .... Now i have a CCBC claim form for the above I have filed an AOS stating i will defend complete claim. Any help or advice welcome

Yes I have had reminders before , So it looks like I am lucky this time. Lesson learned, 30 miles an hour from now on.

NIP reminders - Say reminder on them ( I Hope )

if I read the legislation,case law and advice given on here correctly - the NIP is issued outside the 14day term allowed - so they cannot proceed in court.