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Debt Action Group > Bailiffs and Sheriff Officers

Bailiffs and Sheriff Officers Your rights when dealing with bailiffs and sheriff officers


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Old 28th February 2008, 17:43   #1 (permalink)
Jase1982
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Join Date: Sep 2006
Posts: 177
Jase1982 Novitiate
Default CCS Bailiff???

Hi all,

Firstly I'm sure the advice required here will be very familiar to many....

I've had a letter through from CCS Enforcement Services Ltd today with regards to unpaid council tax....we have fallen behind slightly, mainly due to loss of employment and change of circumstance...

The letter, which I believe is scaremongering, goes along the lines of, they will be attending our property on or before the 4th March....That confuses me because underneath it says that they are entitled to remove goods in our absence, and that they would prefer us to be present so that we can personally agree the inventory of chattels seized...The part that confuses me is how do I know when they will be attending so that I can be present?

Could I please have some advice on what to do with this?

The letter states that the liability order was issued 9th July 2007, yet this letter is only dated 27th February 2008....How has it taken a year for them to contact us? and I have no recollection of attending court or recieving a court summonce...surely I would remember??!

Any advice would be greately appreciated.
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Old 28th February 2008, 18:28   #2 (permalink)
Screw The Bailiff
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Default Re: CCS Bailiff???

Quote:
Originally Posted by Jase1982 View Post
Hi all,

Firstly I'm sure the advice required here will be very familiar to many....

I've had a letter through from CCS Enforcement Services Ltd today with regards to unpaid council tax....we have fallen behind slightly, mainly due to loss of employment and change of circumstance....
Make a claim for council tax benefit, that'll stop the debt mounting.

Quote:
Originally Posted by Jase1982 View Post
The letter, which I believe is scaremongering, goes along the lines of, they will be attending our property on or before the 4th March....That confuses me because underneath it says that they are entitled to remove goods in our absence,
Technically they can remove goods in your absence, they can take a car they think belongs to you provided they leave a receipt and copy of the warrant. They cannot clamp your car on a public road - Statute of Marlborough.

Quote:
Originally Posted by Jase1982 View Post
and that they would prefer us to be present so that we can personally agree the inventory of chattels seized...The part that confuses me is how do I know when they will be attending so that I can be present?
You are right, its scaremongering, they won't break & enter otherwise they'll be criminally liable, but DO NOT open the door to them - ALWAYS speak to them through the letter box or through a window. If the bailiff places his foot into your door then you cannot close it on him. Keep windows and doors secure until this matter is resolved. More


Quote:
Originally Posted by Jase1982 View Post
Could I please have some advice on what to do with this?
If you know the bailiffs name, then check his credentials - report back if you find an irregularity & we'll advise on further options.

Quote:
Originally Posted by Jase1982 View Post
The letter states that the liability order was issued 9th July 2007, yet this letter is only dated 27th February 2008....How has it taken a year for them to contact us? and I have no recollection of attending court or recieving a court summonce...surely I would remember??!

Any advice would be greately appreciated.
The rules a council must follow when enforcing payment of council tax is legislated in the The Council Tax (Administration and Enforcement) Regulations 1992 and the schedule of bailiffs fees can be found in Regulation 45(2)(b). From memory I dont know what time limits apply between LO being granted and date of enforcement, I'm told it might be 120 days, have a look through the regs.

If you weren't summonsed to appear before the court for the application of the liability order, then phone the council and tell them to revoke it because they failed to adhere to Section 34 of the Regulations. If you are fobbed off with excuses then file a complaint of misfeasance with the LGO.
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Old 28th February 2008, 19:37   #3 (permalink)
Jase1982
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Jase1982 Novitiate
Default Re: CCS Bailiff???

The good news is we don't own anything of actual value....Our TV is currently suffering from 'sound' problems, so I would class as being faulty, the 2nd TV is about 5 years old, and we don't anything else in the flat.....although they could take the stero I suppose, they might get a fiver for it.
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Old 28th February 2008, 20:04   #4 (permalink)
Screw The Bailiff
Classic Account Customer
Default Re: CCS Bailiff???

The perception of bailiffs as men in suits clearing out the house of all your gear is urban myth. That may have happened in the 1950's when chattels had monetary value. Todays flat-pack furniture and cheap consumer electronics are worthless on the 2nd hand market. Bailiffs will try and gain entry but only to come into physical contact with an item of you furniture inside - this lets them add the walking possessions fee to the bill.

A bailiff will want you to pay as much as you can and get as much fees possible. If you have no money then he'll look for a car, they are saleable and bailiffs can bump up the fees with transport costs. No money, no car and no goods and the debt is returned nulla bona.

Last edited by Screw The Bailiff; 28th February 2008 at 20:07. Reason: typo
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