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Receipts and proof of payment for debt.
7 Answers
I was taken to court 12 years ago because my husband did not pay the council/poll tax. He was working and I was at home with young children. Our marriage broke up and he disappeared. I was held liable for the debt and through a court order, payment was collected from my benefits at source. I have just received a bailiff's
letter for this debt to be paid by return of post or they will seize goods and chattels without further notice. I have been told I have to produce receipts of payment. I cannot do this because of the time lapse and I dispose of 'papers' after six seven or eight years. Infact, I just had another clearout only a couple of months ago. Because of all the trauma suffered over the years and a couple of nervous breakdowns, my memories regarding the period in question are hazy to say the least.
Where do I stand, please? What should I do? I have 'phoned the bailiff's office and the council tax people and they are rigid in their response, i.e. 'produce proof of payment or pay up' !! Although I think my husband should be held responsible for this debt, I paid it but do not want to pay twice. Mary.
letter for this debt to be paid by return of post or they will seize goods and chattels without further notice. I have been told I have to produce receipts of payment. I cannot do this because of the time lapse and I dispose of 'papers' after six seven or eight years. Infact, I just had another clearout only a couple of months ago. Because of all the trauma suffered over the years and a couple of nervous breakdowns, my memories regarding the period in question are hazy to say the least.
Where do I stand, please? What should I do? I have 'phoned the bailiff's office and the council tax people and they are rigid in their response, i.e. 'produce proof of payment or pay up' !! Although I think my husband should be held responsible for this debt, I paid it but do not want to pay twice. Mary.
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1. Legally, both you & your husband are liable for the full debt.
2. I assume that at some stage the Council went to Court and obtained a liability order. They would have had to do this before being able to get the tax deducted from your benefits.
3. If they had such an order, I don't think the 6 year statute of limitations applies, but it is clearly unreasonable for them to leave this such a long time before chasing you. (If the debt was a large one the amount which would have been paid by deduction from benefits is small and the payments would have spread over a long period, but the Council's records should show payments being received and they should have chased much earlier if they weren't getting any money. So far as this is concerned, their senior management should look into their procedures to find out what went wrong with them.)
4. You should attempt to get a proper check of records made by the Council - going to a more senior level of management if necessary - perhaps with support from one of your local Councillors (it would certainly be worth contacting one).
5. You can make a formal complaint to the Council - either in an effort to get the proper check done, or afterwards if you are not satisfied with the outcome of such a check, and then go to the Local Authority Ombudsman with a complaint of maladministration against the Council if you are not happy with the Council's decision.
6. While all this is going on the Council should take the alleged debt back from the bailiffs and not attempt to recover it until the problems are resolved. You will have to ask for this to be done.
7. The local CAB may be able to help you with all this.
8. It is much better if you deal with the Council in writing - keeping copies of all letters and making sure they are delivered - send by recorded delivery, or take by hand and get receipts.
2. I assume that at some stage the Council went to Court and obtained a liability order. They would have had to do this before being able to get the tax deducted from your benefits.
3. If they had such an order, I don't think the 6 year statute of limitations applies, but it is clearly unreasonable for them to leave this such a long time before chasing you. (If the debt was a large one the amount which would have been paid by deduction from benefits is small and the payments would have spread over a long period, but the Council's records should show payments being received and they should have chased much earlier if they weren't getting any money. So far as this is concerned, their senior management should look into their procedures to find out what went wrong with them.)
4. You should attempt to get a proper check of records made by the Council - going to a more senior level of management if necessary - perhaps with support from one of your local Councillors (it would certainly be worth contacting one).
5. You can make a formal complaint to the Council - either in an effort to get the proper check done, or afterwards if you are not satisfied with the outcome of such a check, and then go to the Local Authority Ombudsman with a complaint of maladministration against the Council if you are not happy with the Council's decision.
6. While all this is going on the Council should take the alleged debt back from the bailiffs and not attempt to recover it until the problems are resolved. You will have to ask for this to be done.
7. The local CAB may be able to help you with all this.
8. It is much better if you deal with the Council in writing - keeping copies of all letters and making sure they are delivered - send by recorded delivery, or take by hand and get receipts.
Receipts and Proof of Payment for Debts. Thank you everyone for your advice and help, it is very much appreciated!
I have remembered a little more. I was about to move address at the time, and gave my new address to the court during the hearing. It begs the question, if I had not paid up why have they left it for 12 years to pursue. As the bailiffs letter is out of the blue and no other correspondence has been received by me over this long period of time, could it be that these bailiffs have bought the debt and are just chancing their hand?
I have remembered a little more. I was about to move address at the time, and gave my new address to the court during the hearing. It begs the question, if I had not paid up why have they left it for 12 years to pursue. As the bailiffs letter is out of the blue and no other correspondence has been received by me over this long period of time, could it be that these bailiffs have bought the debt and are just chancing their hand?
(I am MUMPING2 by the way) I work for Jobcentre Plus (formerly Benefits Agency) and they will have details of deductions made via Benefits. They would have been known as Direct Payments until recently but it's now called Third Party Deductions.
Gie them a ring and tell them what all you need to know. They'll be able to check yir benefit account and confirm what deductions have been made and paid to the Council.
Gie them a ring and tell them what all you need to know. They'll be able to check yir benefit account and confirm what deductions have been made and paid to the Council.
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