Liability Order/Bailiffs

[Marricdale]

Back in 2007 I received several summons for council tax for years when I rented my flat. I was not able to attend the Court but wrote explaining that altough I was the owner, I was not responsible and had only just received a summons. My statement was ignored and a liability order was issued. I then paid £1,000 while not admitting liabiliity on account while they sorted it all out. The liability order was around £1,500.

 

Then I paid a further £600 on account, again not admitting liability and attended a court hearing in 2008 with regards to other years, again when it had been tenanted, when the council asked for an adjournment and then later withdrew the proceedings.

 

I have been getting letters for the past couple of months from bailiffs and have written to explain that various sums have been paid. The problem appears to be that the council have not credited any of the payments in respect of the liability order but for later years when it was also tenanted.

 

Do I have to go back to Court to prove that payments have been made? And how do I go about this?

 

The baliffs are now threatening to attend with the police to remove goods and i just don't know what to do.

[lisadp1970]

Get that in writing from the bailiffs then report them, they cannot just turn up with police.

Have they levied or been allowed access to your property?

[Marricdale]

I have it in writing. They wrote to say that they attended today to remove goods and that they will be calling back in the next 48 hours with the police if necessary. They have not had access. Who di i report them to? Many thanks.

[lisadp1970]

They are just trying to intimidate you, a typical bailiff approach!

They have no legal right to enter your property unless they have been allowed in previously to do a walk in possession.

You can do something called a form 4 complaint, also write to the Council immediately demanding an explanation to why the Bailiffs have been instructed to harass you when you have clearly paid the debt!

 

Remember a Bailiff has no right of entry to your property, so any threats of bringing the police or a locksmith etc etc are completely out of their powers and they can get in serious trouble for saying such things! If they come round keep the doors and windows locked and just ignore them until they go away.

 

Also watch for any charges they may try to thieve off you, the max they can charge for unpaid council tax is £43, though they always try to get away with [causing problems] at least 10x's this amount out of you!

[hallowitch]

Devon and Cornwall police guidelines for police and bailiffs alike (Home office guide lines issued to all Forces)

there is a sticky in the bailiffs section on this i think this is the part you need

 

8.0 APPENDIX B – BAILIFF RULES: GAINING ENTRY TO PREMISES

8.1 The actions of a bailiff lawfully entering a premises and seizing and selling goods to

cover monies owed by the debtor, including the bailiff’s fees, is called ‘levying

distress’. The term ‘distress’ used on its own generally means the procedure for

bailiffs just to ‘seize’ goods; this may not necessarily involve removing and selling

the goods.

NOT PROTECTIVELY MARKED

11/06/08 6 Force Publication Scheme

8.2 The basic rule for Bailiffs is that entry should be without force, thus they have the

right to peaceful entry only. There is no legal requirement by a debtor to let a bailiff

into their home.

8.3 To gain peaceful entry, the bailiff can walk through an open door, open an unlocked

door, climb through an open window, and even climb over a wall or fence, provided

no damage is caused in so doing.

8.4 The bailiff cannot, however, break open a closed but unfastened window or door,

open a closed latched window, or use a locksmith to open a door. Use of a

landlord's key is also illegal. They cannot force their way past someone at a door,

or wedge their foot in a doorway to prevent the door being closed. The protection

against forced entry extends to all buildings physically attached to the living

premises.

8.5 Reasonable Force may be used to gain entry in these circumstances only:

a. A bailiff is executing a magistrates distress warrant for non-payment of fines.

b. A bailiff has once previously entered a debtor’s home peacefully, or was

forcibly ejected by the occupier after gaining lawful entry, and is returning to

levy the goods.

[hallowitch]

i would send a subject access request to the council this will cost you £10 and ask them to put this in dispute until the S.A.R is received and scrutinised by your solicitor

i would also write a letter of complaint about the bailiff threatening to use the police include a photo copy of the bailiffs letter remind the council that the bailiff is acting as there agent therefore they are responsible for the bailiffs actions also as there is no levy they have no right to enter your home with or without the police

[Marricdale]

Many thanks for your advice. Do you know if there is any way to reverse a liability order? Who do i write to complain?

[casbah]

Many thanks for your advice. Do you know if there is any way to reverse a liability order? Who do i write to complain?

 

 

First and foremost find out which liability order has been satisfied, I have a sneaky feeling that out of the £1600 you paid some of this may have been paid to the bailiff for their fees, leaving you with a deficit on that very liability order.

 

It seems very naughty but the council pay the bailiffs their fees first, so if you owed £1500 and there was £ 300 bailiff fees then there may be another £200 on that liability order then the bailiff comes back and another fee is added.

 

Firstly send the council an SAR, or FOI, an SAR is £10 a FOI is at the councils descretion. But find out what the bailiff fees were and if/when they were paid

cas