True, without a doubt intereference with the mail is an offence. Interference with mail - Postal Services Act 2000 Sections 83 and 84 The Postal Services Act 2000 sections 83 and 84, see Stones 8 - 24243 and 8 - 24244, create offences of interfering with mail. Section 83 is aimed at persons engaged in the business of a postal operator and creates an either way offence. Section 84 covers any person and creates a summary only imprisonable offence. Both sections cover intentional delaying or opening of a postal packet and intentional opening of a mail bag. My dog however doesn't know that and can't read, and neither can my 3 year old grandson, so if any mail comes through that has been errr, damaged by them......then I'll just check what's in them to identify who it's meant for. As with almost everything, it's the intention that counts, the "mens rea" Like Bart Simpson said: It wasn't me, nobody saw me, you can't prove a thing!

Generally they are just fantasy charges, added in the hope you won't know any different and will just pay in a panic. See here: The Council Tax (Administration and Enforcement) Regulations 1992 and here: The Council Tax and Non-Domestic Rating (Amendment) (England) Regulations 2006 If your charges aren't provided for in these acts then they can't be charged. If there was no levy, then no levy fee can be charged. If there had been a levy there would have been some paperwork through your letterbox telling you about it, and listing the items that had been seized.

if you offer it openly to the council they are contractually obliged to refuse it and insist you pay it to the bailiffs. However if you pay it online, it goes into their bank account and is then their money, which they can't give back. So that's that. As for the bailiffs, the council won't bother telling them, so you should inform them in writing/email.

Then he's just spinning his wheels and achieved nothing. If you don't live in the pub, and unless it's open 24 hours a day seven days a week that would be difficult, then he has only entered a public place. That's not peaceful entry unless he's pursuing a commercial debt or NDR, and then that would be the proprietors problem. Your baby's toys are exempt items, and he can't touch them. Anyway, he hasn't been into your residence has he?

No, it isn't Statute of Marlborough 1267 they can't seize a car on the highway unless it's within the curtilage of your home, which extends approximately to the boundaries on either side and halfway across the road. Which is why you park any vehicles on the road well away from where you live. If you don't own the car then the Walking Possession isn't valid anyway because they can only seize the property of the debtor. They are entitled to assume that goods on the debtors premises belong to the debtor but I don't think that applies to you. You would need clarification from tomtubby.

You are reasonably entitled to that information

Not as bailiffs they can't, because once the liability order is satisfied provided there has been no seizure of goods, they have no right to pursue you. If they really really want their fees they would have to sue you in the small claims court, and provide evidence that they had complied with the law. Bailiffs don't often do that, they take shortcuts, which would make a normal claim difficult to win. There's a legal principle called "clean hands", if you have not been honest then the court is unlikely to find in your favour.

That's very worrying, I hope it doesn't happen because the misery it will cause in the pursuit of 1% of council tax is completely out of proportion. I personally would vote against any MP who didn't object openly and publicly.

If the charges are unlawful possibly, but probably only once you've paid the council, because the council are liable for the bailiffs, and if you owe the council money, there's not much you can do as far as I can see.

I wouldn't count on it, I'd still park it away from the building. Well it depends on how they are written, but in general they should be ok, most people are human. There are much worse bailiff firms, and one of the worst is a councils inhouse bailiff department. No, and to be honest I don't think that's right. The correct thing to do is use the law to get rid of the bad bailiffs, because in our society bailiffs are an evil necessity and some are just ordinary people trying to do what is a very difficult job. Although in some other countries they manage very well without bailiffs, and those countries don't fall apart for the lack of them.

Different laws, much older, ancient actually, some of them go back to 1267

I'm sure it was case law Os.

Good luck I'm sure you won't need it though

Good luck Remember that the purpose of the phone call is to intimidate and gain control, so if you turn the tables on them and deny them the opportunity to do that, they will soon tire of calling you. There are lots of people out there they CAN intimidate, and if they find that you are not compliant and weak, they will move on to someone else. I do it, and it works.

Never underestimate a bailiff, if I was doing that work I can promise you I'd have peaceful entry sorted in no time - bailiff law allows intelligent and determined bailiffs to achieve their objectives. Fortunately most ordinary bailiffs aren't very smart or creative. A bailiff does have the right of peaceful entry, and the right to seize any goods found outside your property, so that might include garden furniture. I've even heard of a bailiff seizing a doormat! Also, and more worrying - a bailiff who forces entry is guilty of trespass, but that won't make the seizure unlawful. That's why you keep all doors and windows locked and don't open them to callers until you are sure it's not a bailiff.

If your dog is in the front garden where a postman or meter reader or bailiff might reasonably be expected to enter to knock on your door or post a letter, and it bites the bailiff (who is entitled to be there) then he can call the police and have the dog treated as dangerous, which may result in your dog being put down. If your dog is in the house, or the back garden behind a locked gate, then although the bailiff is entltled to climb over, he must bear in mind that a dog can't read the regulations and won't be able to distinguish between a bailiff and a burglar. So in climbing over knowing a dog is there he accepts the risk of injury when the dog quite rightly defends it's home.

Your dog should be locked in the back garden or in the house. If it is in a place that is not private, ie. locked, then any damage to the bailiff could result in police action and possibly the loss of your dog. Like I said, this is a special "game" with special rules.

This is a very special "game" with special rules. If you get into conversation with a bailiff you are going to come off worse unless your knowledge of the relevant law is perfect and you have an over controlled personality. If you think the bailiff is outside, do not answer the door, don't give him/her any feedback no matter how loud they shout, or bang on the door. They can't break in and they know it, so they try to embarass you into opening the door and may attempt to push past you. If that happens then unless you are built like hulk hogan you won't get them out and once in they will say you let them in and then changed your mind. They will call the police and either have you charged with assault, or have the police restrain you while they go round YOUR house and make a list of stuff they want to seize. DON'T OPEN THE DOOR - DON'T MAKE ANY CONTACT - DON'T GIVE ANY FEEDBACK UNLESS IT IS IN WRITING And never ever speak to them on the phone unless it is to gather information for a complaint AND you are recording the conversation.

If a bailiff sees any car outside your house, or up your driveway, then he is entitled to assume that it may be the property of the debtor. He then records the registration mark and puts a notice of seizure either on it or through your letterbox. From that moment it is no longer your car, and the bailiff is entitled to return and take it away to the auction if you don't pay the bill he/she is collecting or agree a payment arrangement. That's why you park it on the road well away from your house because the law says a bailiff cannot seize a vehicle on the public highway, that's from the Statute of Marborough 1267. Yes an act from 742 years ago! As for paying: I always pay the council direct, that way I know that 100% of my payment goes off the debt. No amount of bailiff action will increase my ability to pay and generally will decrease it, sometimes substantially.

Modify this letter carefully to suit your circs and then send it by post or email or both .To: Bailiff Company
 Date:

 Dear Sirs,

 Re: Account reference.

 I refer to your letter/phone call dated (enter date)informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax. 

 In your letter you state that you will be visiting/returning to my home to (seize/auction etc my goods.)unless full payment of (enter amount) is made by return.

 The purpose of this letter is to advise your company that I am in receipt of (income support/jobseekers allowance) and am enclosing as proof, a copy of (payment book/letter from benefits agency.)

 I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

 For this reason, I would like to request that this account be referred back to (local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

 As I have now made you aware of (my/our) circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority. 


 Yours Faithfully. This letter was designed by tomtubby and originally downloaded from www bailiff advice online co uk

That's wrong, unless they have levied upon something or been into the house. They must have visited and then they can charge fees of £24.50 for the 1st visit and £18.00 for the second. You should write/email challenging their fees, and tell them that because the account is in dispute (excessive fees) you will only pay the council direct. Well if the house is being repossessed, then she should write to them from that address informing the council that she is NFA from next week and no longer responsible for council tax from that address because the house is no longer her property it has been returned to the lender who is now responsible for the tax. I can't remember if the council can make deductions from incapacity, or if it qualifies her as vulnerable, but at the very least there is a template letter which I'll post, asking the bailiffs to hand the account back. It can't do any harm, and it may work.

Very harsh so early in the morning....... But probably true.

You should have sent tomtubbys letter. You should in my view ring the council and ask them how much is outstanding on your liability order - you are entitled to that information. Bailiffs take their fees out first and then pass what is left to the council. Then you could pay the council direct online, although you need to be sure it's going off the arrears and not your current years council tax bill. Your car is at risk if it is parked outside or near your home, the bailiffs will seize it and you could lose it. Although they don't have the right of forced entry, they do have the right to walk in through an unlocked door, or climb through an unlocked window, or climb over a fence or gate to get into the back garden, or use a ladder to look into an upstairs window or climb through and open upstairs window.

Clemma is right, they are having you on. So this is what you do from now on. First write back to them explaining that you do not discuss financial matters over the phone to avoid confusion and because of the difficulty establishing the identity of the caller. Then each time the phone rings follow a simple script. Caller: ring ring You: Hello , who is calling please Caller: is that Mrs so and so? You: Hello, who is calling please repeat three times or for as long as you want. They'll get fed up before you will I promise. Caller: I'm sorry I can't tell you that, is that Mrs so and so You: I don't accept anonymous phone calls so I'm going to terminate this call, good bye If they are dumb enough to give you a name, then ask them to spell it, tell you what company they represent and ask why they are calling. Once you have that information, sweetly explain: You: Thank you Jim Gerry Gary (whatever), but I don't discuss financial matters over the phone, please put whatever you want to say in writing please, good bye, click. Do this each time the phone rings - if friends or family call you shouldn't ask them to put their message in writing - unless you want to Don't be intimidated, it's only a voice at the end of 50 miles of wire, and don't be rude there's no need. or

Fairly typical, your mistake was phoning them, I hope you don't do that again. Absolutely correct No he doesn't, he was misrepresenting his powers, very naughty The council worker has to say that, although it's not strictly true. The council has a contract with the bailiffs, but that doesn't mean you can't pay the council direct online - which I strongly recommend that you do. Well if she didn't inform them that she was leaving, they had no other way of knowing that she wasn't there - unless there is some other evidence like a utility bill somewhere else, or being registered to pay council tax somewhere else. That depends whether or not she receives any benefits or not, or whether she can prove that she's sick enough to be classed as "vulnerable", a doctors note would do that. What SHE should do from now on, is only write to them or communicate by email - don't phone the bailiffs anymore. How much is the debt for? Any payments should be made direct to the council. After a while if the bailiffs are unable to collect, they will hand the account back to the council. Just remember that if she is officially living at your address then you need to keep all doors and windows locked and park any car away from the house until the debt is paid, and don't leave any goods outside (front or back) that a bailiff could seize/levy upon.