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.
Council using bailiff company with expired consumer credit license
Hi,
I have ywo liability orders for council tax for this year and last year. I have the usual fees applied by the bailiff company for first and second visits and i felt intimidated to make a payments one for £100 and then an agreement over the phone to pay £200 per week. The bailiff that i had to agree this with told me he would remove goods from me regardless of whether id let him in. I have complained to the bailiff company and the council and informed the council about possible offences commited and not for complying with regs. I wont go into too much detail but the council have basicially said they wont stop the bailiff company. I have today found out that the bailiff company no longer has a valid consumer credit license as it expired in July 08. I have informed the police of this as an act of fraud has now been commited and have asked my bank for a charge back. I am not sure what i should do now whether i should take the council to court and claim damages of the amount of the liability orders to enable the debt to be written off as they are responsible for the bailiff actions or whether i should take the bailiff company to court for acting illegally as they should not be trading in the first place and are defrauding people all day long. Which is my best course of action. I was happy to pay my tax however i feel i have been treated very badly and have given up being reasonable so see this as an opportunity to teach these people they cannot just go around bullying people all the time?
Re: Council using bailiff company with expired consumer credit license
If you have any arrears at all then the liability order can not and will not be rescinded, it is just that, a confirmation that you are liable for the CT and it gives the council powers to collect by other means.
If it is court fee that you mean by 'debt', then this has already been paid by the council and cannot be written off or returned. If it is the council tax itself that you refer to as the 'debt' then this is exactly as it say, 'Tax' and that will not be written off either as the councils are under a duty to the government to collect this tax.
If you are refering to the bailiff fee, then there might be a chance that you could get this returned if you have proof that all is not in order and can show that they should not be calling on you to collect the arrears.
You will get no help or joy from the council especially as the courts have deemed you are liable.