See previous post

You need to give a bit more detail, like, how many times the bailiff visited and what happened on each visit. That way you can calculate the correct fees.

The bailiffs will have pocketed any fees they considered owing to them and passed on what was left to the council.

How do you mean intent? Did he seize/levy or not? It's important.

A distress shall not be deemed unlawful on account of any defect or want of form in the liability order

There's truth in that, he is entitled to assume that anything found on the debtors premises is the property of the debtor unless he is shown evidence that it isn't. He can still seize non-exempt items, but should accept a statutory declaration, although he can still seize them and wait for the owner to make an interpleader application (I think that's the right way to put it). The police weren't helpful at all, and they should have been, but they often don't know and don't care, it's easier to accept what the bailiff says.

An interpleader is the legal process used to claim back goods which have been seized. You have been very unlucky with the police, sadly some of them have a very poor understanding of the law and some simply couldn't give a toss. Of course if it was their granny's house the bailiffs had turned up to for a car tax fine of a relative who used to live there then they would see it differently I'm sure.

Hmm, I wouldn't do that. I would email them so they have that in writing Monday morning. Then when he comes you can print a copy for him to show him that not only are the items exempt, but his office know it. That way there's no chance of him simply ignoring you and taking exempt items anyway. The problem with exempt items is that the law isn't absolutely crystal clear - a certain amount of interpretation is left up to the bailiff on the spot. So by contacting the office first, and sending a copy to everyone, he will know that you are likely to take it further if he does take exempt items.

It's a fair question At that point, the bailiffs are left with only one option - returning the account to the council. They don't have that kind of investigative power, and no you don't have to tell them. No, you can tell them you used the money for food and heating, which is perfectly reasonable.

That is the case for bailiffs collecting council tax, or HCEO's collecting for the county court. Criminal fines are different.

Bazooka, I must correct you there - until and unless a bailiff has gained peaceful entry he/she has no right of entry to your home. Once they have gained peaceful entry, they can gain entry by force if the householder later denies them entry, but they must make an appointment.

I'd go with ambershadows suggestion

No I didn't, what time was it on?

Ok, so now why don't you get proactive. Sell everything that is NOT listed on the wpo to a trusted freind or relative who is prepared to claim those items if the bailiff attempts to seize them. Then there will be no point in them coming back - because there won't be any goods belonging to the debtor to seize.

I really don't recommend that - I would write to the bailiffs informing them that the person they are pursuing no longer lives at your address and that you do. Point out that now that you have informed them, any further enforcement action to collect the debt of a person unconnected with the current occuppier (yourself) would amount to harassment and any further visits are trespass.

Good luck to all of you. Chris.

Absolutely right, I should have made that clearer

He has the right to search your house, and if you have locked areas which you refuse to open, he has the right to break open doors and locks

Here's one if it helps,

That's a valid point, however..... speaking from experience, I would only tell such people what I want them to know and anything I don't want them to know, I don't tell them, unless they can easily find out some other way. I'm not alone, CAB do it, Social Workers do it, Politicians do it, err Policemen, lawyers, judges - hey! that's just about everybody!.

I'd like to apply under section 91 of the law of property act - but I need a precedent to persuade a local judge that it's appropriate in my case.

Depending on how many are in your household these are exempt items. They can take these. Depending on how many people, these are exempt items.

And what did they say?

These letters are designed to frighten, I've had many over my long life and they actually mean nothing. The only letters that matter contain letters before action, or actual summonses.

You are spot on - if the liability order is satisfied BEFORE a levy takes place then the bailiffs have no right to take any further enforcement action. That reduces their charge to the status of an invoice for work done. They then will have to sue you for that amount, and provide evidence to the small claims court that they complied with the law. As tomtubby will hopefully confirm, to comply with the law the bailiff can only charge fees if they actually visit and attempt to speak with the debtor - they can't charge a letter fee, there's no provision for one in the regulations.