Council refuse payment

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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Bembear123
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Joined: 12 Apr 2018 09:39

Council refuse payment

Post by Bembear123 » 16 Apr 2018 09:25

Ok further to my other post .
Newcastle under lyme borough councilare fefusing to take my payment and state it 'HAS TO BE PAID' to bristow and sutor not them direct.
They say if i pay itwillgo off this years bill not last yrs indispute !

Help!

Was planning on paying theor bit to intheory 'clear outstanding balance"

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Schedule 12
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Re: Council refuse payment

Post by Schedule 12 » 16 Apr 2018 10:32

Different legislation applies when you pay or tender council tax to the billing authority.


Section 17(1) of Schedule 4 of the Local Government Finance Act 1992 which states:
  • 17(1)Regulations under paragraph 1(1) above may provide that in a case where—

    (a)proceedings under the regulations have been taken as regards the recovery of any sum mentioned in paragraph 1(1) above; and

    • (b)the outstanding amount is paid or tendered to the authority to which it is payable;

      the authority shall accept the amount, no further steps shall be taken as regards its recovery, and any person committed to prison in pursuance of the proceedings shall be released.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.

Author: dealingwithbailiffs.co.uk

Phone consultation with me

Enforcement compliance Checklist

John The Baptist
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Joined: 06 Jun 2017 17:22

Re: Council refuse payment

Post by John The Baptist » 16 Apr 2018 10:59

Bembear123 wrote:
16 Apr 2018 09:25
Ok further to my other post .
Newcastle under lyme borough councilare fefusing to take my payment and state it 'HAS TO BE PAID' to bristow and sutor not them direct.
They say if i pay itwillgo off this years bill not last yrs indispute !

Help!

Was planning on paying theor bit to intheory 'clear outstanding balance"
It didn't really matter because they'd already told you that they would pass the money onto B&S.

If the welfare team have really told you that your only option is to pay the whole £700 by 17th then you need to instigate a complaint to the council. It is in conflict with the National Standards to press debtors into unrealistic payment offers and if a welfare team really told you that then it needs looking into.

You are not going to avoid bailiff fees unless you sit it out. The fees are due. As you have already paid money towards this debt, some of that money will have gone towards the fees in any case.

To sit it out, you must keep all of your external doors locked and refuse the bailiff entry (or better still not open the door to him). You are not legally obliged to speak with the bailiff.

The problem is if you own a car. The bailiff will take control of that to force you to pay.

While you are sitting it out, you can put some money aside so that you are in a position to pay some, if not all of the £400 when the debt gets returned to the council in about 2 or 3 months time. A crazy old lady in Somerset once suggested sticking the money into an ISA and that's not a bad idea actually.
If you want to sit it out, post back and I'll tell you what to write to both the council and B&S.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

Bembear123
Posts: 3
Joined: 12 Apr 2018 09:39

Re: Council refuse payment

Post by Bembear123 » 17 Apr 2018 09:19

So Ive done this

Written complaints to both council and Bristow and sutor (it was clear bristows "welfare team" is a bullshit red herring) .
Paid 479.78 which was full outstanding balance to the council using bank trasnfer and informed both the council and bristow that Ive done this
Which lead to yet another shitty phone call from Tracey hasting from Bristow n Sutor where she said they still going to come today.
Ive sent proofs to both of my mental health issues/bereavement to both and Bristow lied to the council and said I hadnt yet council admitted they received it but in their words "wont do anything as its not our problem"

I dont own a car .
In fact I own very little worth them having.

Bembear123
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Joined: 12 Apr 2018 09:39

Re: Council refuse payment

Post by Bembear123 » 17 Apr 2018 09:20

Im more worried that they will force as threatened entry into my home whilst im out?

John The Baptist
Posts: 384
Joined: 06 Jun 2017 17:22

Re: Council refuse payment

Post by John The Baptist » 17 Apr 2018 09:30

You have messed up.

By paying the council the money, they will simply pass it over to B&S to take their fees out. This means that you will still owe some council tax. You had the ideal opportunity and excuse not to pay any money whilst B&S were still involved (the actions of their welfare department). As I said previously, it would have better to have followed the advice from the crazy old lady from Somerset and put the money into an ISA.

What you should have done was pay nothing until B&S returned the debt.

The bailiff cannot force entry and you don't have to speak with him. It is up to you what you do next but the chances are that you will still owe some council tax.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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Syd Snitkin
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Re: Council refuse payment

Post by Syd Snitkin » 17 Apr 2018 09:31

Bembear123 wrote:
17 Apr 2018 09:20
Im more worried that they will force as threatened entry into my home whilst im out?
Don't worry, they can't do that for council tax.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

Bembear123
Posts: 3
Joined: 12 Apr 2018 09:39

Re: Council refuse payment

Post by Bembear123 » 17 Apr 2018 10:46

Yes I may have messed up but its fear and the constant harrassment and on occasions i took conflicting advice

They have sent me an email back this morning stating just that...that they have sent some monies to bristow n sutor
£271 to council
£208 to bristow n sutor

And obviously Im guessing but they dont state that I will owe the reminder to the council
So what is likely to happen to me

Bembear123
Posts: 3
Joined: 12 Apr 2018 09:39

Re: Council refuse payment

Post by Bembear123 » 17 Apr 2018 10:51

John The Baptist wrote:
17 Apr 2018 09:30


What you should have done was pay nothing until B&S returned the debt.

I DIDNT KNOW THAT

The bailiff cannot force entry and you don't have to speak with him.

I DIDNT KNOW THAT EITHER

John The Baptist
Posts: 384
Joined: 06 Jun 2017 17:22

Re: Council refuse payment

Post by John The Baptist » 17 Apr 2018 10:56

They emailed you already? That must be some kind of record.

What happens now is that the bailiff will continue to enforce but are you sure about those figures because you told us earlier that you had already paid some to B&S.

You seemed determined that you were going to pay the council and no amount of conflicting advice was going to stop you.
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

Bembear123
Posts: 3
Joined: 12 Apr 2018 09:39

Re: Council refuse payment

Post by Bembear123 » 17 Apr 2018 11:20

John The Baptist wrote:
17 Apr 2018 10:56
They emailed you already? That must be some kind of record.
YOUR TELLING ME! Neil Baddely responded to my stage one complaint.

What happens now is that the bailiff will continue to enforce but are you sure about those figures because you told us earlier that you had already paid some to B&S.
Where did I state that? I have 3 threads I realise and at no time have I paid Bristow and Sutor anything
Not one penny.
I paid what was the full outsranding balance of 479.78 to NUL borough council, of which the council have stated they have paid Bristow and sutor that portion and have to by law.

You seemed determined that you were going to pay the council and no amount of conflicting advice was going to stop you.
Because I perhaps incorrectly interpreted that by paying the outstanding (479.78) to the council that stops the enforcement part as nothing would be outstanding?
Thats stated on my other thread.

So in my head id owe the fees or could dispute fees but now your saying thats incorrect.

Bembear123
Posts: 3
Joined: 12 Apr 2018 09:39

Re: Council refuse payment

Post by Bembear123 » 17 Apr 2018 11:22

And John
If you look above in this thread its states above about paying outstanding balance?

John The Baptist
Posts: 384
Joined: 06 Jun 2017 17:22

Re: Council refuse payment

Post by John The Baptist » 17 Apr 2018 11:37

I told you last Friday that the fees would still be payable. You choose to ignore this.

Can you post up a redacted version of what the council sent you please?
Dodgeball on committal for council tax being a coercive measure - "FMOTL nonsense". Discuss

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