Does a council need to warn you that they are giving the liability order to a Bailiff?

[YorkshireGirl]

Hi there,

 

I think I read somewhere on the forums that a council needs to warn you if they intend to pass a liability order to a Bailiff - is this true? I've had a search and can't find anything but I could have swoarn I read something to that effect earlier!

 

Thanks

[Guest Happy Contrails]

There is no law requiring a council to warn of a liability order being sent to a bailiff for enforcement.

 

You might be thinking of Regulation 33(1) of the Council Tax (Administration and Enforcement) Regulations 1992 which says:

 

before a billing authority applies for a liability order it shall serve on the person against whom the application is to be made a notice ("final notice"), which is to be in addition to any notice required to be served under Part V, and which is to state every amount in respect of which the authority is to make the application.

And Regulation 34(2) of the Council Tax (Administration and Enforcement) Regulations 1992 says

 

(2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.

More: The Council Tax (Administration and Enforcement) Regulations 1992

 

If the authority sent the document to a wong address then they are contrary to Section 7 of the Interpretation Act 1978, which says:

 

Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post.

More: Interpretation Act 1978 (c.30)

[chris600uk]

Do you mean a pre-enforcement letter/notice?

[chris600uk]

Will I get advance notice of a bailiff visit and fees?

From 1 April 1998, local authorities must send you a letter giving 14 days notice of a proposed bailiff visit to collect council tax. County court bailiffs must issue a warning notice allowing 7 days for you to pay.

 

That's from the insolvency helpline website.