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tdlawyer
tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience:  11 years experience of general practice.
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On Thursday 6th March 2014 we received a letter addressed to

Resolved Question:

On Thursday 6th March 2014 we received a letter addressed to the occupier my partner who owns the property opened it and it was from Newlyn and it states that they are acting on behalf of London Borough of Croydon and needed to get in touch with Mrs Perez which is myself as to regards XXXXX XXXXX Thornton Gardens which is where I used to live we had no idea what it was about since I have not lived there for a year now. Anyway on Saturday 8th March I received a letter addressed to me this time of Final Notice Bailiff Removal for a total outstanding amount of £588.57 I called them and asked what it was regarding and they told me it was to do with council tax going back to April -May 2013 that the case had gone to court and that was that I ''ve had the same thing last year in August when I came back from holiday and found a letter of same telling me to pay £702.50p . Is this legal can the council and debt recovery just send you an intimidating threatening letter without you having any prior knowledge of any debts owing?
Submitted: 3 years ago.
Category: Law
Expert:  tdlawyer replied 3 years ago.

tdlawyer :

Hello, welcome to the website. My name isXXXXX can assist you with this.

tdlawyer :

Ideally, they should not be too intimidating when they write like this, but they are entitled to chase debts that are outstanding to them.

tdlawyer :

Do you accept that the payment is due to the council?

Customer:

No

tdlawyer :

Have you spoken with them to understand why they say it is due?

Customer:

No I wanted legal advice first so I know what my rights are surely they are entitled chase debts but im also entitled to be informed that aim owing money and be given a chance to pay any monies if I owe anything in writing

tdlawyer :

Yes, you should have received notification from the council, then the court, about any formal proceedings taken against you. If you have not had this, then you could apply to the Court to set it aside. If this is via the Magistrates court, then you would write a letter to them explaining you know nothing about it and that you contest the debt (if you do).

tdlawyer :

If this is via the County Court, then you would need to make an application to the Court using Form N244.

tdlawyer :

however, before doing either, you should speak with the council and see what they say the position is. In the end, if you do owe the money, you will find it hard to set aside even if you have not had prior notice.

tdlawyer :

This is on the basis that even if you had have known, there would have been no defence anyway.

Customer:

That is half my point I was only informed by the debt collectors when I first received a notice for bailiffs I was bullied and intimidated last year to pay over £700 and now again for over £500 I know nothing of this going to court or anything else I was just told by the debt agency that it had already gone to court and last year when I called them they basically said I had to pay or risk going to prison

tdlawyer :

Then you could write to the court to challenge it, it's a simple letter to the magistrates court that you need to do, saying why you challenge it and asking for a hearing.

tdlawyer :

Then speak with the council to resolve it if possible.

Customer:

I need this matter investigated as I think someone is doing something not legal

Customer:

I don't know what court it was or anything

tdlawyer :

Then you need to raise a formal complaint with the council first and foremost so that they can investigate what has happened internally. Ask them which court and they will tell you, so that you can get in touch with the court immediately. Or, the bailiff that sent the letter to you will be able to tell you which court.

Customer:

I don't trust the council to do a proper investigation on this

tdlawyer :

Then you can request all the paperwork / figures upon which their calculation to tax is based. You can carry out your own investigation into the liability.

Customer:

Can I take this to the ombudsman

tdlawyer :

If you do believe that is wrongdoing, then yes, but you ideally could do with looking at their papers first to try and find something to base your complaint to the local government ombudsman on.

tdlawyer :

The LGOs website is here: www.lgo.org.uk

Customer:

Half my complaint is that I have no paper work no letters no bills nothing how can they justexpect anyone to come up with so much money when they knew nothing about it this is making me ill

tdlawyer :

That is a fair point, if they simply proceed to Court without telling you, although it's odd that you did not receive paperwork from either the council or the court. Have you moved address?

Customer:

No I have been here a year and the council know this this is how I received letters from the collector's I notified the council I was moving in Feb 2013 and last year in August I had the first letter from the collector's for the £700 again with no prior warning

tdlawyer :

Okay, then it sounds like the council might be at fault at least for not writing to your new address if you notified them, if for nothing else.

tdlawyer :

So yes, there is a basis to complain to the LGO.

Customer:

So are you saying that aim legally entitled to receive a letter and or bio explaining what aim owing and why

tdlawyer :

Yes, that's correct.

Customer:

Sorry few spelling errors on my previous question what I meant was letters or bills

tdlawyer :

It's okay, I knew what you were asking :)

Customer:

Ok well thanks for your help

tdlawyer :

You're very welcome. I hope you manage to resolve this promptly.

Customer:

Me too

tdlawyer, Lawyer
Category: Law
Satisfied Customers: 1096
Experience: 11 years experience of general practice.
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