Swift CTax

[Dan76M]

Issue 2 (Swift) Ctax Liability

 

-They walked into my head office (I'm an executive who has to represent the company to a very high standard) basically announcing to our staff any clients and our sub-contracted trainers I have bailiffs looking for me. They also send a volume of reminder letters to my office when they have my home address.

 

Am I able to get this debt handed back to the LA/or apply to the issuing court to suspend the order if I pay? How much weight will the above lend to an official complaint and/or request to the issuing courts?

 

 

 

Best Regards,

 

Dan.

[Conniff]

You can't suspend a liability order, you are either liable for ct or your not simple as that. If you're not, then you have a cause for complaint.

[Dan76M]

Thank you.

 

I am about to write to the LA Head of Revenue detailing that I am offering to pay them what I owe and not refusing; but that I will not deal with Swift after them coming to my workplace; and I'm just looking into whether or not coming to my workplace will lend me weight into negating their fees.

 

** what I meant by suspend was that I had read that if the bailiff has acted in contradiction to the law/their powers or rights then I can apply to the issuing magistrate to have the LO suspended or the like providing that there is clear outline of payment, probably crossing wires or misinformed somewhere.

 

However is there something more effective than just complaining to the OFT etc for what they have done by coming to my workplace?

 

Best Regards,

 

Dan.

[Bailiff Advice]

Issue 2 (Swift) Ctax Liability

 

-They walked into my head office (I'm an executive who has to represent the company to a very high standard) basically announcing to our staff any clients and our sub-contracted trainers I have bailiffs looking for me. They also send a volume of reminder letters to my office when they have my home address.

 

Am I able to get this debt handed back to the LA/or apply to the issuing court to suspend the order if I pay? How much weight will the above lend to an official complaint and/or request to the issuing courts?

 

Best Regards,

 

Dan.

 

The local authority can 'suspend' enforcement of a Liability Order. If they refuse to do so, then it is matter of applying to the High Court.

 

I am assuming from your posts that the debt to the council is in relation to your personal council tax arrears (at your residential address) rather than for NNDR (National Non Domestic Rates). If so, then I find it very odd indeed that letters would be sent to your business premises and even more so..that a visit would be made. Can you clarify the correct position.

[Dan76M]

Thank you for this^^

 

Ah then I was almost on the mark.

 

Yes this is for personal CTax 3 smallish amounts for a LA I moved out of, and one for this current year at my current address.

 

Yes I have multiple letters sent to my office even though they have my home address, LA from old area was updated when I moved etc and yes they came to my head office with clear neck worn identification and also verbally stating to staff they were looking for me and who they were. I have major issue with this as-

 

1) We have a company secretary and when I am away on business any mail addressed to me is opened to ascertain importance

2) I am a senior executive of this organization and have high-level clients and stakeholders in our building at all times not discounting the staff I have working here. With what we do as a business and as general rule in the private sector reputation and credibility take years to develop and can be destroyed in an instant especially if taken out of context and you aren't aware of it until its to late. Whilst I may on times make a pigs ear of my own finances I have huge responsibility commercially for our and clients business with local and central government, major infrastructure owners and our community as some of our most important stakeholders.

 

This could quite easily have a very damaging impact on myself, and by the time I'd managed to usher the bailiff into my office to avoid a scene most of the building was more than aware of what was going on.

 

Best Regards,

 

Dan.

[Bailiff Advice]

Thank you.

 

I am about to write to the LA Head of Revenue detailing that I am offering to pay them what I owe and not refusing; but that I will not deal with Swift after them coming to my workplace; and I'm just looking into whether or not coming to my workplace will lend me weight into negating their fees.

 

** what I meant by suspend was that I had read that if the bailiff has acted in contradiction to the law/their powers or rights then I can apply to the issuing magistrate to have the LO suspended or the like providing that there is clear outline of payment, probably crossing wires or misinformed somewhere.

 

However is there something more effective than just complaining to the OFT etc for what they have done by coming to my workplace?

 

Best Regards, Dan.

 

Dan,

 

I would certainly suggest that you ask the council WHY the enforcement agent is writing and visiting your office. This is almost certainly not permitted under the regulations and to be fair...is very unusual indeed. Hopefully the council will shed some light on why this has been happening. Also, how much roughly is the debt that they are attempting to enforce?

 

You cannot make an application to the Magistrate Court to request the Liability Order to be suspended.

 

Also, as this debt is a local authority one, any complaint that you may have would not be made to the OFT. It can only be considered by the Local Government Ombudsman. You would need to first issue your complaint to the local authority.

[Dan76M]

Dan,

 

I would certainly suggest that you ask the council WHY the enforcement agent is writing and visiting your office. This is almost certainly not permitted under the regulations and to be fair...is very unusual indeed. Hopefully the council will shed some light on why this has been happening. Also, how much roughly is the debt that they are attempting to enforce?

 

You cannot make an application to the Magistrate Court to request the Liability Order to be suspended.

 

Also, as this debt is a local authority one, any complaint that you may have would not be made to the OFT. It can only be considered by the Local Government Ombudsman. You would need to first issue your complaint to the local authority.

 

Bailiff Advice,

 

Really appreciate your input oin both threads thank you.

 

Debt is roughly- 3 smaller amounts totalling £700ish before any charges for the old LA I used to leave in pre 2015, and then due to my circumstances approximately £900 from my current LA.

 

I think after your advice I will draft and send a letter to the Head of Revenue for both LA's and apprise them of the work visit and ask why/if they were aware of this and outline a payment plan, also asking to have the LO's suspended.

 

Best Regards,

 

Dan.

[Dan76M]

Update-I've sent both LA heads of revenues a formal complaint/request letter. I will update the thread to how this pans out, thank you for the input.