£1200 charges for council tax I never owed!

[Debt Girl]

Hi,

 

Two years ago I was living with my sister and we were both full time students so were exempt from paying council tax. The council were apparently able to verify my sisters student status no problem but not mine - but they didn't bother to tell me...

 

I moved out of the house and my sister stayed on, she started receiving letters from a debt collection agency acting for the council so I phoned the council and told them I had been a student. They sent me a form which I got stamped by my university and sent back to them but my sister continued to receive letters and I believe she may have had baliffs come to the house and leave a letter but she wasn't in at the time or didn't answer. I phoned the council again and they sent me another form which I got stamped again and sent back to them. Then I received a demand from the debt collectors (at my new address which I had never given them) for £190 which I believed was for the month or two after graduating uni and before moving out the house when I was liable for council tax so I paid it thinking that would be the end of the matter.

 

Last week I received another letter stating I owed £1200. I couldn't understand what this was for and gave it to my parents to have a look at hoping they could decipher it. Today I was horrified when my mum told me she has paid the full amount as she was worried about me being in debt with the council. When she phoned the debt collectors they said the £1200 is "made up of penalty charges". When she phoned the council they said it was nothing to do with them any more.

 

So basically I believe my mum has paid £1200 on my behalf for charges on a debt I did not owe in the first place and only went this far because the council did not communicate with me and then either did not process my information or pass it onto the debt collectors correctly. I understand the debt collectors are allowed to charge for each visit they make but how on earth have they worked it out at £1200?!

 

I'm thinking the best course of action is a S.A.R to the debt collectors but should I also be sending one to the council? Or should I just CC all letters to the council?

 

Thanks for any advice.

[Bailiffchaser]

SEdn off a sar and watch what happens. As if they do not reply . you may issue against them for non disclosure.

[Guest MizzPiggy]

Hi.

 

It does sound unreasonable!

 

What you need to do is as suggested and write off under Section 7 of the data act to the Bailiff Company and ask for all or any information they have in relation to the matter. An example is below.

 

Data Protection Officer

Bailiff Company

Date:

 

Dear Sir or Madam

 

Subject: access request under the Data Protection Act 1998

 

their reference

 

I enclose £10 and would be grateful if you would please supply a full set of your paper & computer records connected in any way with these matters.

 

I would also request an itemised account of the charges that were levied against me.

 

I would also be grateful if you would ensure all efforts are made to fully comply before the 40 days allowed under the Act.

 

 

SEND ALL CORRESPONDENCE BY RECORDED OR REGISTERED DELIVERY AND KEEP ALL ENVELOPES FROM BAILIFFS.

 

Once you have the information back, deciphering it is the next thing, as many people get back the information and are not sure what they are looking for. So when you get it back, you are looking for dates etc of visits. Your council will have a website, where many of them put on there the amounts that are to be charged with Bailiff visits as they have an agreement that is set for fees.

 

 

Once you know the charges and have your information back, cross check what is written and what is not for charges and look for discrepencies, then you will know if you have a claim or not.

 

 

If you do have a claim, it is a civil claim, however, before going that road you have to follow Court Protocol which is a process, before filing, and write to them first with your proof and a letter of demand.

 

 

This may sound frustrating, but when you have your information in 40 days you will find it a breeze after. You are welcome to message me for more help if you need it or to go through what is sent when it arrives.

 

 

Sounds like you have a fab mum that just wanted to protect you, to which she is right in doing so you didn't meet with a Bailiff, but be assured that you will have the final word if you start the process in the morning, write the letter and send the £10 !

 

 

Alison

[djweeble]

If you can get proof that you were not liable for the council tax, then you were not liable for the bailliffs charges either, the bailliffs are entitled to their money, but they should claim it from the council, due to their incompetence.

 

Once you have all the information together, start the ball rolling by asking your money back in full from the baillifs within 14 days. When they refuse, as they probably will, send them an LBA, then take them to court if they still refuse to refund you

[Seminole]

The above advice is sound but I wouldn't let the Council off the hook. They shouldn't have charged you and the only reason they did so was down to their own incompetence. They then compounded this by appointing bailiffs.

 

I would be inclined to write to the council demanding a written explanation and that they obtain a refund from the bailiffs for you. State that if they do not respond properly on both points you will pursue a complaint to the local government ombudsman. Copy your local councillor and Member of Parliament in on the correspondence.