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Hello everyone, I need a bit of help and some clarification.

 

 

My cousin-in-law has a large amount of council tax arrears fopr Brighton & Hove Council, he has emigrated to another EU country and in his absense the Council have been awarded a Liability Order against him.

 

 

Yesterday an enforcement agent came to my mother-in-law's house who lives in Twickenham, saying that he was there for the cousin and to collect money or possesions to pay off the debt. My MIL explained that the cousin doesn't live there and now lives in another country. (He grew up in the house as child but has not lived there for over 20 years).

 

 

The EA asked for my MIL to fetch a utility bill to proove that the cousin doesn't live there, so she went to get one, whilst she was away the EA entered the house (peacefully, no in my mind dishonestly) and refused to leave. My 13 year old sister-in-law was very distressed and upset and called me at work, so I came over to try and sort this out.

 

 

I then explained to the EA that the cousin lives in another country and hasn't lived in this house since he was a minor and what proof he had that the cousin was at this address, he said that they had done an Experian Credit Check and this was an address (this is possible but hardly proof of his current residence).

 

 

I asked to see any documentation giving him a legal right to be on this property, he refused citing the Data Protection Act, I called the police on 101 who told him he had to show me. All he had was a transcript of the traces they had run, no letter from the council. I asked whether he had a copy of the Liability Order, he said "no, that stays with the council".

 

 

We showed him, the deeds of the house, utility bills and the current council tax bill to proove what we were saying, he ignored them and said "it doesn't proove that the cousin doesn't live here". I told him that he has not produced anything that I would consider a legal right to be on the property, or any real evidence that the cousin lives at this address, so asked him to leave the premises as I belive him to be trespassing. He refused saying that the only way to get him to leave was to lay hands on him, which would be assault and I would do so at my own risk (from my POV this was a threat that should I touch him he would retaliate).

 

 

Finally after calling his company and emailing them a copy of the council tax bill they got him to leave. I have got confirmation from the company that he won't return and this address has been removed, but I remain sceptical. I have read as he as gained entry peacfully once he can now force his way on again.

 

 

My questions are, has he complied with what he has to, no liability order or letter from the council, deceiving my MIL to gain entry etc.

 

 

What is actually on the liability order, does it include an address that gives the EA to gain access to, or have they done this off their own back.

 

 

Why on Earth do we have to proove what we are saying and why isn't the onus on the EA to proove what he is saying is correct.

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They have no controlled goods agreement, no goods owned by the debtor taken control over, so the enforcement company should not visit again, after being satisfied that the debtor does not live there.

 

The liability order is basically sanctioned by Magistrates because eventually it could lead to your cousin in law being sent to Prison, if they refused to enter into making payments, following a hearing at Magistrates. Now obviously this won't happen, as they are not in the UK, so can't defend themselves.

 

Before the liability order is issued a summons would go to the last known address. Once liability order is granted, then the enforcement company will go to any address they can find. Obviously at some point your Cousin in law has used the address.

 

Suggest you inform this cousin in law of what has happened and that the council have a Magistrates liability order, so there could be consequences on returning to the UK. Tell them to write to the Council from abroad to advise of their circumstances.

We could do with some help from you.

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Thanks for the reply, I have contacted the cousin and explained as best I can to him that he needs to address this issue.

 

 

It's just so infuriating that a very large enforcement agent can seemly enter a property with no real evidence that the debtor lives there, then refuses to leave when asked, causing a lot of distress, they can do all that without facing any real consequences.

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Thanks for the reply, I have contacted the cousin and explained as best I can to him that he needs to address this issue.

 

 

It's just so infuriating that a very large enforcement agent can seemly enter a property with no real evidence that the debtor lives there, then refuses to leave when asked, causing a lot of distress, they can do all that without facing any real consequences.

 

They have a legal right to try to recover this debt using legal means to do so. If a door is opened, they can make peaceful entry. They can't push people to one side or use any force. Force is reserved for criminal fines recovery and things like evictions.

 

They should have left immediately after being given details the debtor does not live there. Many enforcement agents try it on in this situation, hoping familiy pay on behalf of the debtor. This is a bit naughty.

 

You could submit a formal complaint to the enforcement company head office.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

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Thank you, I am just waiting on confirmation from the council that they don't have this address listed anywhere in relation to the council tax arrears, and then I will submit a formal complaint.

 

 

It just seems daft that they can enter any property they choose, the link between the cousin and this address was at best tenuous and yet they still have a lgeal right to enter.

 

 

Just a couple of points I forgot to mention if you could help me on whether they should make up part of my complaint. The EA said that the liability order was placed against the person and the property and so he could take things to pay off the debt. I don't think this is true, is he misrepresenting what has happened and his powers.

 

 

Secondly there was a water bill in my MIL name initial; surname but they had put Mr down instead of Mrs by father in law passed away and when we swicthed the names they didn't change the title. The EA thought this was evidence that the cousin lived there despite the initials being wrong, he took a photo of the water bill and emailed to his office without permission, do they have any legal rights to do that, seems like an invasion of privacy.

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Legislation is taking control of goods, which is basically goods owned by the debtor.

 

So they came to the address to search for goods belonging to the debtor. According to this enforcement agent, your cousin in law has this address registered on their current credit record. Only your cousin in law can check their record to see if this is true.

 

Your complaint might not get anywhere. They will claim they were justified in coming to the address and allowed in.

We could do with some help from you.

PLEASE HELP US TO KEEP THIS SITE RUNNING EVERY POUND DONATED WILL HELP US TO KEEP HELPING OTHERS

 

 Have we helped you ...?         Please Donate button to the Consumer Action Group

 

If you want advice on your thread please PM me a link to your thread

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