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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 14th March 2008, 23:22   #1 (permalink)
dobiedogs
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Default Rossendales & CT Question Advice Needed!

Hello all

I have some questions I could really do with answering, but as it concerns my daughter it will probably help to have a bit of background first.

She started a business located at her home in September 2006 (house separate from business area). CT was being paid as normal on the whole lot, local council was then informed about the business. She was told that she would haved to pay business rates (which we knew) and council tax. The council then said that someone from the valuation office would come out and set a rateable value on the part of the property being used for business and that the council tax would then be reduced because, by law you cannot pay council tax and business on the same property at the same. They also said that the council tax for 2006-2007 has to be altered, to carry on paying and adjustments would be automatic.

In 2007 council got difficult and from January to October 2007 no less than 11 different people were dealing with or dealt with my CT and Business rates. By this time the 2007 -2008 rate had been set (without alteration) In october 2007 she finally got someone from the valuation office to set the business rate. This had apparently caused the problem as the council couldn't reduce CT until it had confirmation and details from the council. she was told that everything would be put on hold whilst they sorted it out. they also said that she would be able to pay in installments.

Then the bailiff turned up and informed her that they were collecting the (unadjusted) CT for 2007-2008. Three days before giving birth she had a bailiff turn up again who got very threatening and waved a piece of paper and said that if she didn't pay him then and there she would be taken to prison. I complained to the council who said it was a mistake and that they would recall it.

Finally in November 2007 I managed to get a very helpful and sympathetic lady who bothered to look at the computer and agreed that the CT for 2006-2007 and 2007-2008 needed to be adjusted to take into account the business rates that had now been applied for the same period. But she couldn't find the file at the time (both Business rate and CT are dealt with in the same office) and she promised to get it sorted.

I rang just before and after christmas to be told it was still being dealt with then in January 2008 the bailiff came while I was in and pushed a letter through the door which was a warrant / seizure / possession order and gave details of a van parked on my drive. It asked me to sign it and send it back. However the details were all wrong and it wasn't signed either.

I spoke to the council who claimed not to have all the paperwork and were waiting for it. By now17 different people (we've been asking for their names) have tried to deal with it, but now they say that the bailiff was nothing to do with them and they were not responsible for the bailiff's behaviour and that they couldn't recall the debt either.

Since phoning the council two weeks ago they now appear to have found the paperwork and finally the business rates is sorted - but they want immediate payment and guess what the CT for the same period still hasn't been adjusted and the bailiff claims that CT and business rates can be paid on the same property without adjustment and he's demanding full payment and won't accept her offer to pay in installments.

what I need to know is

Is it right that CT and business rates be paid on the same property? ie Council Tax on the whole property and business rates as well, at the same time, on the business part?

Is there anything that can be done about local authority that seems to be totally incompetant? (she has complained, but they just seem to pass the buck amongst themselves)

Is it legal what the bailiff is trying to do, ie sieze belongings which do not belong to her, poke things through the door that are not signed or has incorrect details on claiming for a van when no van ha been seen ect.

Sorry if this is so longwinded, but I really need to get this sorted out for her before the bailiff comes back and takes everything or she does something really stupid to herself.

dobiedogs
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Old 15th March 2008, 09:45   #2 (permalink)
tomtubby
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Default Re: Rossendales & CT Question Advice Needed!

I cannot comment on the amounts claimed by the council but can comment on the bailiffs.

The bailiff can only enforce the debt if there is a Liability Order against the property ( it is a shame that this dispute was not sorted out BEFORE the council obtained this LA)

That said, the bailiff can ONLY "levy" upon goods owned by the person named on the Liability Order.

In addition, they CANNOT post a notice through the door and request that it be signed. There is plenty of case law on this point.

In addition, as the bailiff has not correctly "levied" upon goods he CANNOT charge any more than £24.50 plus vat for a fist visit.

DO NOT LET THE BAILIFF INTO THE PROPERTY.
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