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.
My local council issued a summons against me for council tax owing which was incorrect due to me losing my job. I spoke to them and they agreed to cancel the court hearing.
However I have now received a liability order granted at the court hearing which I was told had been cancelled and £60 costs. The council say they did nothing wrong - surely they cannot tell me a court date has been cancelled to stop me attending then add extra costs on?
I have the court date in writing, then the liability order.
I've been on the phone all morning, and asked for writing, but although she admits she said she would cancel it, apparently it's council policy not to put anything in writing.
Surely I have a right to attend court though? if it went ahead without me it must be illegal?
Yes you did have every right to attend court, and this sounds VERY suspicious. If I were you I'd contact a solicitor who deals with local authority/court summons issues. It's either gross human error on their part for telling you it was cancelled and then not cancelling it at the court, thats what it sounds like. You knew it was cancelled, the court didn't.
Some court procedings can go ahead even if your not there, your usualy found guilty in your absence & fined. However with nothing in writing stating it was cancelled, your next step is to ask if the calls are recorded. If they are make a Subject access request for the recordings as they contain your personal conversations, use these as evidence of the court date being cancelled.
It could also be a stunt to gain more money from you of course. Sorry I can't be of more help.