How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Jo C. Your Own Question

Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69371
Experience:  Over 5 years in practice
12826847
Type Your Law Question Here...
Jo C. is online now

I hope you can help. I have recieved a Final Notice

Customer Question

Hello,
I hope you can help. I have recieved a Final Notice from an enforcement agents, stating that they will be calling without further notice to remove nmy Goods and Chattels for non-payment of council tax. In early May 2014, I contacted my borough council informing them of my financial difficulities (at that time I'd missed two payments). I informed them that I would continue to make all payments which I did so, only to learn in Nov. '14 that my borough council had sent my details to enforcement agents, whilst I was still paying the borough council as per their payment schedule.
I have been in dispute with my borough council regarding this as I have made all payments to the council and showed them the evidence of this of my direct bank payments to them.
I would greatly appreciate some advice as I do not see why I should be incur further debt for a bill that I have fully paid.
I lauched a formal complaint regarding this
Submitted: 1 year ago.
Category: Law
Expert:  Jo C. replied 1 year ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
What would you like to know about this please?
Customer: replied 1 year ago.

I basically want to know what my legal options are: Firstly how can I stop the bailiffs considering that I have paid my the council tax.

The borough council continued to accept payments from me, yet sent my details to an enforcement agents, is this legal?

Secondly, can I go to court to get this stopped in some way?

Expert:  Jo C. replied 1 year ago.
Did you pay in full ?
Did you pay bailiff fees?
Customer: replied 1 year ago.

I paid the council tax in full, as per payment schedule. I have not paid any bailiff fees as I paid the council in full.

Expert:  Jo C. replied 1 year ago.
Did they get a liability order?
Customer: replied 1 year ago.

I'm not entirely sure what you mean? Who? The borough council or the enforcement agents?

Expert:  Jo C. replied 1 year ago.
The Council.
Customer: replied 1 year ago.

I have no idea. What is a liability order?

Expert:  Jo C. replied 1 year ago.
An order allowing the bailiffs to act.
You will really need to get to the bottom of that. You can call the council and ask in the morning?
Customer: replied 1 year ago.

Ok, I'll contact the borough council in the morning. Are there any other questions you'd like me to ask the council?

Expert:  Jo C. replied 1 year ago.
Really just the date of it if there is an order.
Other than that the questions would be for the bailiffs but first things first.
I am not in court tomorrow morning so I can look at this then.
Customer: replied 1 year ago.

Hello Jo C., I have obtained this information from the borough council regarding the liability order. However I did not recieve any of this at the time. I can send you the letter in it's entirity if you wish:

A summons was correctly issued to you on the 18th August 2014 for the sum of £408.00 plus summons costs of £95.00 for a hearing date of 23rd September 2014. As the summons remained unpaid a liability order was obtained at the court hearing on the 23rd September 2014 for the balance of the year’s council tax of £306.00 plus a total of £123.00 costs, which included a further £28 court costs.

On the 29th September 2014 a notice of liability order was sent to you. This advised you that liability order had been obtained and gave one final option for payment to be made in full or an arrangement made. The Council are able to accept payment arrangements at this stage as they are not subject to the statutory instalment scheme. The notice also states what other recovery action is now available to us to collect the outstanding sum, following the issue of the liability order.

Expert:  Jo C. replied 1 year ago.
No, that is all I need to know.
They are saying that you are liable for bailiffs cost because they did get a liability order and instruct bailiffs before you paid council tax. As with everything else, once there is judgment against a person, paying off the substantive debt does not remove liability for the cost of enforcement.
That is the issue here.
On the face of it, you would seem to be liable I'm afraid.
Liability orders are very hard to appeal at the best of times as there is no direct route but even if you had done so you would still have been liable for the council tax.
If you think the bailiffs are overcharging then that can be challenged in court but you are liable for something unfortunately.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

I did not recieve any of the documentation (summons) at the time. The only instance of awareness was when an enforcement agent attended my property in November '14. So are there no other options or avenues I can explore?

Expert:  Jo C. replied 1 year ago.
Not to remove a liability order.
It is possible to judicially review a decision to seek a liability order but that is really only something you want to pursue if you are not the liable person.

What Customers are Saying:

 
 
 
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
< Previous | Next >
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C.
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin
  • Just let me say that this encounter has been entirely professional and most helpful. I liked that I could ask additional questions and get answered in a very short turn around. Esther
 
 
 

Meet The Experts:

 
 
 
  • Jo C.

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
< Last | Next >
  • http://ww2.justanswer.com/uploads/EM/emus/2015-7-7_192327_bigstockportraitofconfidentfemale.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    30316
    Over 5 years in practice
  • http://ww2.justanswer.com/uploads/BE/benjones/2015-12-1_0437_ennew.64x64.jpg Ben Jones's Avatar

    Ben Jones

    UK Lawyer

    Satisfied Customers:

    11553
    Qualified Solicitor - Please start your question with 'For Ben Jones'
  • http://ww2.justanswer.com/uploads/BU/Buachaill/2012-5-25_211156_barrister5.64x64.jpg Buachaill's Avatar

    Buachaill

    Barrister

    Satisfied Customers:

    1754
    Barrister 17 years experience
  • http://ww2.justanswer.com/uploads/JO/jojobi/2013-3-19_0265_maxlowryphoto.64x64.jpg Max Lowry's Avatar

    Max Lowry

    Advocate

    Satisfied Customers:

    894
    LLB, 10 years post qualification experience
  • http://ww2.justanswer.com/uploads/UK/UKLawyer/2012-4-12_9849_F2.64x64.jpg UK_Lawyer's Avatar

    UK_Lawyer

    Solicitor

    Satisfied Customers:

    750
    I am a qualified solicitor and an expert in UK law.
  • http://ww2.justanswer.com/uploads/KA/Kasare/kasare.64x64.jpg Kasare's Avatar

    Kasare

    Solicitor

    Satisfied Customers:

    402
    Solicitor, 10 yrs plus experience in civil litigation, employment and family law
  • http://ww2.justanswer.com/uploads/OS/osh/2015-7-7_19268_gettyimagesb.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    8199
    LL.B (Hons), Higher Prof. Dip. Law & Practice
 
 
 

Related Law Questions