Written by John Kruse, one of the leading experts on Bailiff Law, this consumer friendly guide is essential reading for anyone who comes into contact with a bailiff.
The book is easy to understand and clearly explains the rights
a bailiff has, and also what they cannot do when collecting debts and repossessing goods etc.
Hopefully someone can shed some legal illumination.
I've had a bailiff knocking on my door. I wasn't around so he dropped off a note saying I owe a district council £303. News to me, my current council tax is paid via DD. No other information, no copy of regulations.
I contacted council, who were unable to identify what it must be in relation to.
I contacted CCSES (the bailiffs) who informed me that it relates to unpaid council tax for a few months until early December 1999, and there was a "warrant/order" issued in May 2000. They were instructed in August 2006.
I moved during December 1999 to an address around the corner (same DC) and took on responsibility for Council Tax at the new address.
Does the Summons fall foul of Regulation 35 of The Council Tax (Administration and Enforcement) Regulations 1992? (Reg 35 says the Summons must be adressed to the last known address, etc. - I'd moved and they probably sent it to wrong address, yet they knew I'd moved!) If so is this grounds for appeal? Is the appeal likely to be upheld? If upheld, am I right in assuming that no further LO can be raised as the original has timed out?
I honestly don't know if I was liable at the time. It was a shared flat, and I can't recall how we split council tax. It could be that another party defaulted, I'm not sure.
Also, can someone just confirm that bailiffs do not have power of entry? I'm concerned because the address they've caught up with me at is vacant but is furnished (I've moved in with girlfriend). I don't want them to break in and leave it unsecured.
Can someone please help? I have a few questions. Is it true that no appeals against liability orders for unpaid council tax can be made after 21 days, under any circumstances?
I am hoping to raise an appeal against London Borough of Harrow, on the grounds that
a) I am not liable. Can I still appeal even though several months have elapsed?
b) The council did not follow due process my alerting me to the intended action: Even though they sent the summons to my last known address, which legislation allows them to do, they knew I no longer lived there and
also failed to use any of the other contact details they had on file, such as phone numbers and email.
Could any attempt to appeal against the liability succeed in these circumstances?
Grateful thanks
MW
On the questions on appeals, I would be interested to hear the proper answer to this. I think there is some confusion between the Council's own internal appeals process, and appealing against liability orders (a legal appeal). I'm not sure if both types of appeal even exist?
I honestly don't know if I was liable at the time. It was a shared flat, and I can't recall how we split council tax. It could be that another party defaulted, I'm not sure.
Unfortunately there is joint and several liability for council tax. This means that, even if you pay your share direct to the council, they can still come after you for the amount that the others should have paid.
Unfair, but unfairness is par for the course when it comes to councils.
Incorrectly addressed Summons (Liab. Order, historical)
knocking on my door. I wasn't around so he dropped off a note saying I owe a district council £303. News to me, my current council tax is paid via DD. No other information, no copy of regulations.
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Originally Posted by amatuerlawyer
