Council sorry over bailiff 'mix-up' debt threat

A council has apologised to a man who was threatened by bailiffs over unpaid council tax, after warnings went to the wrong address.

Colin Phillips, 53, said he was not given the required notice before bailiffs turned up at his home over a £1,139.52 debt to Buckinghamshire Council.

Mr Phillips told the Local Democracy Reporting Service that enforcement letters had gone to his old address, and he had not realised he owed any money.

The council said it had apologised to Mr Phillips and "reached a resolution" over his case, but "fully acknowledged the anxiety this process must have caused".

Mr Phillips said the first he knew of the situation was when he received a letter from enforcement agency Newlyn in February 2022.

The agency threatened to take his possessions - including a vehicle - and sell them at public auction, unless he settled a £1,600 debt within 24 hours.

"I had no idea what it was about. That is not right. A lot of people would have folded because they are scared of having goods taken away," said Mr Phillips.

The project manager had previously lived in Chesham, Buckinghamshire, but later moved to Tring, Hertfordshire, and then to Stafford.

He had rented out his Chesham property before selling it, but said he did not realise he would be liable for council tax while it was empty, as he was already paying Stafford Borough Council.

Newlyn sent a notice to Mr Phillips' old house after it was given the wrong address by the council, which failed to verify it was his current home.

The £1,600 figure was comprised of his £1,139.52 council tax debt, plus bailiff fees.

Mr Phillips said: "Trying to extort £500 out of somebody over a mix-up is absolutely and utterly morally wrong and could tip somebody over the edge."

The council refused to acknowledge it had not sent him a notice of enforcement, but Mr Phillips lodged a formal complaint.

An investigation by the Local Government and Social Care Ombudsman found "fault" with the council's handling of the case and that it had Mr Phillips' email address but did not use it.

The council eventually agreed to wipe nearly £500 worth of bailiff fees from his bill, plus £100 court costs.

John Chilver, the council’s Conservative cabinet member for accessible housing and resources, said: "We are sorry that on that occasion, our correspondence with the complainant was lacking and he was given incorrect information.

"We have a legal duty to collect council tax, which pays for local services, and only use enforcement agents as a last resort."

Newlyn declined to comment.

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