Bailiffs: Complaint Against a Council to the LGO
(With thanks to Tomtubby)
It must be remembered that a bailiff enforcing a debt for council tax, National Non Domestic Rates (NNDR) or an unpaid parking ticket is working as a agent for the local authority.
In this, the local authority cannot simply abdicate responsibility for the actions of their contractor as ultimately, it is the responsibility of the local authority to ensure that a levy is carried out in a lawful manner and that the fees charged by their agents are in accordance with statutory regulations.
Following a discussion with the Local Government Ombudsman's Office (LGO) they have advised that if you have a Compliant for the Council about their bailiff's then you MUST do the following:
You must ENSURE that you mark your letter to the local authority: FORMAL COMPLAINT.
Your letter should be addressed to the CHIEF EXECUTIVE and should be COPIED to the COMPLAINTS DEPARTMENT ( this will ensure that it is registered as a formal complaint).
If you are unsatisfied with your response from the local authority then you can take your complaint to the Local Government Ombudsman but they will want to see that you have gone through the councils COMPLAINTS PROCEDURE first and that you have allowed the local authority a maximum period of 12 weeks to respond.
The Local Government Ombudsman's office will need to satisy themselves that you have made it CLEAR to the Local Authority that you are making a FORMAL COMPLAINT.
Find the addresses of your local goverment ombudsman here
Amend as required (With thanks to 10010001)
List of relevant legislation
If this letter is about:
Council Tax Arrears, insert - Regulation 45(2) of the Council Tax (Administration and Enforcement) Regulations 1992
County Court Judgement, insert - the County Court Fees Order 1982 Amended 1994
A Parking Ticket, insert - Schedule 1 of the Enforcement of Road Traffic Debts (Certificated Bailiffs)(amended 2003) Regulations 1993
Business Rates - Regulation 3(c) of the Non-Domestic Rating (Collection and Enforcement) (Amendment and Miscellaneous Provision) Regulations 1993
Rent Arrears - Appendix 1 of the Distress for Rent Rules 1988
If the bailiff is a High Court Enforcement Officer (HCEO), insert - The High Court Enforcement Officers Regulations 2004 Debt not listed here then leave blank.