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CAB research suggests some councils use aggressive tactics to collect council tax debts (23 December 2013)

Date: 23/12/2013
Duncan Lewis, Legal News Solicitors, CAB research suggests some councils use aggressive tactics to collect council tax debts

The Citizen’s Advice Bureau (CAB) has said that some local authorities allow bailiffs to use more aggressive tactics than others when dealing with non-payment of council tax.

Research for CAB found major differences in how local authorities dealt with council tax debts across England and Wales – with some councils permitting bailiffs to use tactics described as “threatening” and “aggressive”.

The CAB said that by November this year, a total of 16,905 people had contacted them for help in dealing with bailiffs collecting unpaid council tax. Citizen’s Advice surveyed 500 people who were being chased for council tax by bailiffs.

The CAB has also criticised councils for adding additional charges to overdue council tax bills, increasing the debts owed by people unable to pay their council tax.

Some of those questioned by researchers said that local authority bailiffs added charges for visits to a property.

A total of 38% of those questioned said that they were even billed for visits bailiffs had not made; while 40% of those questioned said bailiffs threatened to remove items from their home, even if the items did not belong to them.

The CAB said that additional fees added to council tax bills could be any sum from £3 to £126.

The trade body which represents bailiffs has questioned the validity of the research, citing the relatively small number of council tax debtors questioned in the survey.

Director of the Civil Enforcement Association, Steve Everson, said:

“This self-selecting sample of 500 unhappy individuals cannot be extrapolated to imply that it reflects the situation amongst the general population of debtors.”

However, for many people unable to find the money to pay their council tax, the involvement of bailiffs can add to an already stressful situation.

Non-payment of council tax is, however, dealt with by a Magistrates’ Court and does not mean a debtor will end up with a criminal record.

The first stage of non payment is a First Reminder Notice from a local authority; but some councils will involve debt collection agencies and bailiffs early in the process, or will issue a final warning threatening legal action for non payment within weeks of a missed council tax payment, especially if early stage council tax reminders go unanswered.

The Local Government’s Finance Panel chair Councillor Sharon Taylor said that local authorities have a responsibility to collect council tax to pay for essential services in a borough, including care for the elderly and bin collections.

“Bailiffs are only ever used by local authorities as a last resort to tackle persistent non-payment – and councils only charge fees that cover the costs they incur in processing each liability order,” she said.

"Councils that use bailiffs to recover debts have a responsibility to ensure that people are being treated fairly – and that resident complaints about unacceptable bullying or intimidation are taken seriously,” she added.

The CAB said that more than one-quarter of councils surveyed said they did not keep records of complaints from council tax debtors about bailiffs collecting the debt.

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