New BBW Report: Who's knocking at your door?

Big Brother Watch, the civil liberties and privacy campaigning organisation, has today (Tuesday 5^th April) released a new report exposing the shocking extent to which councils use debt recovery agents such as bailiffs to recover unpaid council tax and parking fine debts.

Across the 320 local councils who responded to a Freedom of Information request from Big Brother Watch, almost six million (5,939,003) cases have been passed to bailiffs for the late payment of council taxes and parking fines.

The full report, including a breakdown of the number of cases passed to bailiffs by local authority by a) overall number, b) non-payment of council tax  c) parking infringements, can be found here (from page 8 onwards).

Commenting on the figures Daniel Hamilton, Director of Big Brother Watch said:

“Sending in bailiffs to recover debts should always be the absolute last resort.  The fact local councils have passed more than six million cases to bailiffs for matters as trivial as the late payment of council taxes and parking fines is truly shocking. 

 “In many cases, bailiffs are a law unto themselves; barging their way into people’s homes, intimidating vulnerable members of the public and imposing rip-off charges.  

“The Coalition Government must act now to end the culture of bully-boy debt collection which has taken hold in Town Halls across the country”.

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Comments

[N North]

On the one hand there are more than six million cases (what value does this represent?)yet Daniel Hamilton makes the assertion 'for matters as trivial as the the late payment of council taxes'.
Perhaps Mr Hamilton should brush up on his law. A Court order (Liability order) is granted for non paymentnot late payment.
Without a court order you cannot instruct a bailiff.
Non payment is NOT trivial and that debt falls on all those (the vast majority) that do pay responsibily. I have a lot of time for BBW but be careful what you assert.

[BillyBloggs]

Councils and bailiffs are supposed to adhere to the National Association of Enforcement Agents Guidelines 2002, when collecting and bailiff action is regarded as inappropriate for persons who are vulnerable, and where the total income is benefits bailiffs shouldn't be used, but where a council office is outsourced say to Capita, who also own bailiff companies like Equita, well you can guess the outcomes, people on benefit are presented with baikliff fees that increase exponetionally, turnng say a £100 debt into £100 in a very short time.

[BillyBloggs]

@ N North, some Liability Orders are applied for and bailiffs sent in where the amount is in dispute due to claims for benefit, In my previous post I meant to put the debt increases from £100 to £1000 and above,

[[email protected]]

I am very worried about this because I have had trouble with Southwark council sending bailiff’s to my home before. The last time they did this was after I attended the Camberwell Magistrates court. This was because Southwark council took a number of years to band my home although I had asked them to do so over those years and when they finally banded my property they asked for all outstanding council tax within 7 days, I explained that I was unable to do this so I was take to court.I left feeling elated. Please check out what the bailiff are aloud to charge below.

BAILIFF FEES FOR COUNCIL TAX

Source:

The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998, Si 768 of 2003 and Si 3395 of 2006

EXPLAINATION

First visit fee: £24.50

This is for a first attendance to levy but where a levy does not takes place. (For example where you are not in)

The bailiff can charge a levy fee if they levy but he cannot charge both amounts on the same occasion.

Second visit fee: £18.00

Despite any further visits, the bailiff can only charge for a maximum of 2 visits.

Levy Fee:

This is where the bailiff levies on goods and a Walking Possession is signed.

Under this heading the bailiff can charge £24.50 for the first £100, and 4% on the next £400 etc. For example: assuming your Council Tax bill is £600, the total amount that you should pay is as follows:

First £100 £24.50
Next £400 @ 4% £16.00
Remaining £100 @ 2.5% £ 2.50
Walking Possession Fee £12.00

Total £55.00

Attendance fee:

For one attendance with a vehicle with a view to recover goods after the levy has been made under this heading.

Please see below for a copy of the Statutory Charges:

BAILIFF FEES FOR COUNCIL TAX

DESCRIPTION
BAILIFF FEE

A. For making a visit to premises with a view to levying distress (where no levy is made)-

(i) where the visit is the first or only such visit:

(ii) where the visit is the second such visit:
No charges can be made for any further visits.

£24.50

£18.00

B. For levying distress, by gaining peaceful entry, and listing goods on a Walking Possession form.

C. For entering into a Walking Possession:
The lesser of-
(i) the amount of the costs and fees reasonably incurred; and

(ii) the relevant amount calculated under
£24.50 for first £100 of arrears.
4% for the next £400 of arrears.
2.5% for the next £1,500 of arrears
0.25% for any additional amount.

£12.00 Flat Fee

D. or one attendance only with a vehicle with a view to the removal of goods (but only after a levy has been made (ie: where Walking Possession has been signed.

Reasonable costs and fees incurred, but only one attendance.
E. For the removal and storage of goods for the purposes of sale:
Reasonable costs and fees incurred.
For the possession of goods as described in paragraph 2
(i) for close possession (the man in possession to provide his own board):
£15.00 per day.

For appraisement of an item distrained, at the request in writing of the debtor.

Reasonable fees and expenses of the broker appraising.
For other expenses of, and commission on, a sale by auction-
(i) where the sale is held on the auctioneer's premises:

(ii) where the sale is held on the debtor's premises: The auctioneer's commission fee and out-of-pocket expenses (but not exceeding in aggregate 15% of the sum realised), together with reasonable costs and fees incurred in respect of advertising.

The auctioneer's commission fee (but not exceeding 7.5% of the sum realised), together with the auctioneer's out-of-pocket expenses and reasonable costs and fees incurred in respect of advertising.
Where no sale takes place by reason of payment or tender. Either-
(i) £24.50, or

(ii) The actual costs incurred, to a maximum of 5%, of the amount in respect of which the liability order was made. (Whichever is the greater).

For full details of the Statutory Regulations see:

The Council Tax Administration & Enforcement (Amendment) 1993. Si 773 amended by Si 295 0f 1998 , Si 768 of 2003 and Si 3395 of 2006.

When I attended the court I asked the court officials what court I had to attend and was told I was to join a long queue in the lobby area. Once in the lobby area there was large queues leading to a large amount of tables at one end of the lobby area and behind each table sat one person and behind then there was lots of official looking people. When I finally arrived at a table I was asked for the summons papers and I handed them over. The person behind the table then flicked through a clip board handed back the paper work and asked how I’d like to pay. At which point I asked what court I was to attend because I’d like to explain why I hadn’t been able to pay the full amount straight away. The person from the other side of the table then stood up and went to the crowd of people behind them and spoke to someone and the two of them came back together. The new person that came back asked if there was a problem and again I asked what court am I in. they said that I didn’t need to go to the court and this cold be sort at this table. I then asked this person who they were and I was astonished to be told that they were Southwark council lawyer. I only then realised that all the people behind the tables were working for Southwark council they had no name tags and had not explained who they were.
I had never been to court before and had thought that these people were court officials I then told Southwark’s lawyer that the only problem I had was that I didn’t know what court I was to attend. I was then asked to wait and they would come back to me, the lawyer and the person sitting at the table then went to the back of the lobby and began talking to another group of about 4-5 people. All of which kept looking over to me.
While I sat waiting I was watching the tables around me person after person sat down as I had done and each person was asked the same question as me. “how would you like to pay this” and each person in turn made an agreement and was then handed a piece of paper attached to a clip board with the first and may be second page turned over the end of the clip board and was then asked to sign with the agreed amount written in pen.
After a little while I saw what was written on the other pieces of paper that were bent over the end of the clip board and to my disbelief it was the first part/parts of an agreement to pass the debt to bailiffs.
The next person to sat next to me was a lady and when she was about to sign the agreement I asked her if they she had read the agreement before sighing it. I explained that I thought it was an agreement to hand the dept to a dept collection company. The lady then asked to read it forward page/pages of the document. My fears were confirmed when the lady began shouting at the Southwark official. I was then taken to one side of the lobby area by some of the Southwark officials and was told what court I was to attend.
I waited in the seated area out side the court room I was attend and no other person came into that area until 5-6 members of Southwark council came in, the lawyer and the person who had asked me how would I like to pay this was among this group.
The stood in a corner of this waiting area and one of them was carrying a large book/or folder.
I could over hear their conversation I heard them say that this book contain all the name of the people that had attended the court lobby that day and all the people who had made an agreement over the phone instead of attending the court, another person then came from inside the court room and joined them. I heard him say to the group of Southwark staff how many are you handing to the bailiffs today. Which all of the group laughed at and one patted the large book/or folder.

I was call into the court room with the Southwark officials and the summons was read out. Southwark’s lawyer asked the Magistrate for full payment as I had not paid any council tax in a number of years. After the lawyer had finished I had my turn to speak I explained why and the magistrate said that I could pay off the amount of money outstanding over a year or two. I then asked the Magistrate if I could say something and told that would be fine. I explained the way I had been dealt with that day and what I had seen in the lobby area and what I had heard in the waiting area out the court room.
The magistrate said that I could be reassured that they would deal with Southwark officials once I had gone. They said that they would like to compensate for the inconvenience Southwark had put me through, but the magistrate was told by the court hussar. This was the person who had joined the group of Southwark’s and had made the comment about how many being sent to the bailiffs, that by law I could not be awarded any compensation. The magistrate then said they would like to at least reimburse my travel expenses but I had to explain

[[email protected]]

Sorry that the last comment may seem a bit confusing but the bottom section of the section should have been attached before the bailiff fee were attached.

[BillyBloggs]

No not confusing but very worrying, justice circumvented by getting someone to agree to being hounded by bailiffs even before magistrates had dealt with a case.

If people want to see how these 12th Century throwbacks actually operate check out the Consumer Action Group site especially the bailiffs section

http://www.consumeractiongroup.co.uk/forum/forumdisplay.php?168-Bailiffs-and-High-Court-Enforcement-Officers

[Jimmy]

For this reason i am glad to live in Northern Ireland.

No Bailiffs here (Yet) Very different process involving courts.

Apparently they used to find it very hard finding people brave enough to take up the job.

[Winston Smith]

No bailiffs at my door, but the census person appeared at 7.30 this evening, a mere 5.5 hours after they began their work. I wonder if this is going to be a daily occurrence...

[Winston Smith]

The answer to my wondering is yes. The census person appeared again this morning. Looks like my return is particularly important; that, or I'm the only person in my town who hasn't responded.

[Purlieu]

The website doiesn't actually state a deadline, just says "as soon as possible".
Perhaps there is a deadline in the actual Census legislation ?
The online form doesn't close until May 6.

[Sheila Oliver]

Stockport Council is hounding an innocent man for alleged unpaid council tax. Every time he goes to the town hall to try to sort out his problems they have him arrested. He claims he doesn't owe the tax and that in the past he has seriously overpaid. They recently took his 2007 council tax, which he has paid in full, to use to cover alleged underpayments for earlier years and then took him to court for not having paid for 2007.

I tried to act on his behalf but the FOI Officer refused to accept two letters of authority from him and refused to say why.

They have now agreed to let me act for him but won't reply sensibly to letters if they bother to reply at all. Far easier to persecute an innocent man and make his family homeless.

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