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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 69369
Experience:  Over 5 years in practice
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I was in council tax arrears year 2013-2014 and the

Customer Question

I was in council tax arrears for the year 2013-2014 and the debt was sent to a bailiff, I was paying regularly and last April I managed to pay £1000.00 0ff the debt, I paid the money on the bailiff's web site with my bank card. I have just received a court order saying that I still owe money from that year and after contacting the bailiff to dispute this they say they have no record of the transaction although it is on my bank statement and the money went to them. I really don't know what to do next, could you advise please.
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.
Was that the full amount due?
Customer: replied 1 year ago.

I owed £1750.00 in total to which I was paying £250 per month, then on receiving some money I paid a £1000.00 off the debt my bank statement says it went from my account on the 07/04/2014.

Expert:  Jo C. replied 1 year ago.
Did that clear the entire debt in that time?
Customer: replied 1 year ago.

No not completely I still had £300 left to pay. but now the total of £1750.00 has been asked for instead of the smaller amount

Expert:  Jo C. replied 1 year ago.
Ok. But what we need to ascertain is that there would still be something anyway?
So there is time to sort this out while the bailiffs are still free to act without them attending tomorrow demanding the full amount?
Customer: replied 1 year ago.

I have spoken to the enforcer to do with the debt and he is happy for me to pay £200 a month I was hoping I can sort this out in the mean time

Customer: replied 1 year ago.

The debt went back to court and the debt has know gone to another bailiff who I have made the £200 arrangement with, and the bailiff I am in dispute with my account is now closed.

Expert:  Jo C. replied 1 year ago.
Yes, I understand but at least that buys you some time.
If he is not threatening immediate foreclosure then there is time to resolve this.
The first step should be negotiating with them. They might well relent if they can trace it.
If not, then you have a variety of options. The easiest is to pay it and then sue. That might not be attractive for other reasons but it is by far the safest.
Since this is the Council you can't take it back to court for redetermination.
You can always seek a stay in execution of the warrant when you are under £1000 using the N245 forms on the basis that you have paid. That is more expensive than the small claims court option but it is an option if you can't pay £1000 again and then sue.
Can I clarify anything for you?
Jo
Customer: replied 1 year ago.

Thank you for you answer I am clearer now as what to do

Expert:  Jo C. replied 1 year ago.

No problem. All the best. Please remember to rate my answer.

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