Council Tax Arrears & Enforcement Officers

[Trigger72]

Oh dear! Just finished watching that ourselves - reality TV's a growing art, if thats what you'd call it, but stranglely, it's very addictive!!

 

Enjoy your vodka/irn bru & thanks for the heads up on the other threads.

[Trigger72]

Please help me. Having major problems with bailiffs and council combined!

 

Can anybody answer me "If bailiffs have a liability order, can they enter your home by force, or is it still the same old story of that you have to open the door to them?"

 

I'd appreciate a helping hand again!!

[Pummage]

Trigger; I'll have a look for you. Just thought I'd tell you there is somebody around here and that you're not on your tod. (although I'm new to this)

[Trigger72]

Thanks for that - nice to know there's still life on this planet!

 

Just been looking it all up myself and think I've answered it - unless it's income tax arrears, which it isn't, then they cannot enter my property by force. I'm definitely not stupid enough to leave a window or door open either!

[Pummage]

Then your golden pet, just try and keep copies of everything that comes through an if possible amass as much evidence as possible.

[Pummage]

What bailiffs can and can't do

If County Court bailiffs come to your home, you don't have to let them in.

They can't force their way in on their first visit, but they can enter through an open window, or an unlocked door. Forced entry includes pushing past you once you have opened the door to them or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.

 

Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant.

 

Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry.

[Trigger72]

It's a liability order from unpaid council tax. From what I read on the internet last night, they can only break in if issued with a "warrant of execution" by a county court, of which they have to notify us of their intent before they come anyway.

 

I hate what these guys are doing to poor people - frightening people who cannot afford to pay anything, through no fault of theie own. I really don't know how Gordon Brown hasn't looked into their illegal procedures. My original debt, according to the bailiifs, was £1296.80. Miraculously, it is now only £1046.80 - a difference of £250!!

 

Now, how can they get away with that?!

 

They should all be shot!!!!

[hallowitch]

for a bailiff to force entry to your home they must have a walking possession agreement listing goods in your home

 

p5 Forcing re-entry

The law upon the rights of bailiffs to force re-entry to premises in order to remove

goods previously seized has recently been clarified. In Khazanchi v Faircharm

Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that

bailiffs may only force re-entry where they are being deliberately excluded from

premises. It will thus be necessary in most cases for the bailiff to notify the debtor in

advance of the date and time of the visit in order to remove. If the debtor is then

absent from home, or refuses entry, force may be employed

[Trigger72]

Hey Hallowitch, long time!

 

Did everything you said, wrote letters and emails to everyone in the council and my MP, still no-one wants to know! It's an absolute joke!

 

As it stands now, the bailiffs have posted through another liability order saying that they are going to force entry and that that is a totally legal thing to do!

 

How dare they scare people with their bullying tactics, bloody leeches, the lot of them.

 

Have started paying the council now regarding the outstanding council tax arrears and not heard anything to the contrary, so as far as I'm concerned, Chandlers Limited can go swim for their commission!

[hallowitch]

As it stands now, the bailiffs have posted through another liability order saying that they are going to force entry and that that is a totally legal thing to do!

 

do you mean a walking possision agreement

 

its the council that go to court to get a liability order against you not the bailiffs

have you missed payments for more than one years council tax

 

• Liability orders: preliminary steps
  33.—(1) Subject to paragraph (3), 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.
   
  (2) A final notice may be served in respect of an amount at any time after it has become due.
   
  (3) A final notice need not be served on a person who has been served under regulation 23(1) with a reminder notice in respect of the amount concerned.
  

• Application for liability order
  34.—(1) If an amount which has fallen due under regulation 23(3) or (4) is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, the billing authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.
   
  (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.
   
  (3) Section 127(1) of the Magistrates' Courts Act 1980[14] does not apply to such an application; but no application may be instituted in respect of a sum after the period of six years beginning with the day on which it became due under Part V.
   
  (4) A warrant shall not be issued under section 55(2) of the Magistrates' Courts Act 1980 in any proceedings under this regulation.
   
   
  (5) If, after a summons has been issued in accordance with paragraph (2) but before the application is heard, there is paid or tendered to the authority an amount equal to the aggregate of—
  
  • (a) the sum specified in the summons as the sum outstanding or so much of it as remains outstanding (as the case may be); and
    
  • (b) a sum of an amount equal to the costs reasonably incurred by the authority in connection with the application up to the time of the payment or tender,
    

  the authority shall accept the amount and the application shall not be proceeded with.

   

  (6) The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.

   

   

  (7) An order made pursuant to paragraph (6) shall be made in respect of an amount equal to the aggregate of—

  • (a) the sum payable, and
    
  • (b) a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order.
    

[hallowitch]

if they have no walking possession agreement they cannot break into your home

[Trigger72]

Thanks again Hallowitch, you really do know how to save my bacon!!

[hallowitch]

LOL your welcome the bailiffs fees are £42.50 this is all they can legally charge you because the have no walking possession agreement (hope you are still hiding your car ) if i was you i would pay this (if you want to ) and tell them to sod off as you are paying the council direct

 

goggle this

The Council Tax (Administration and Enforcement) Regulations 1992

Edited June 19, 2009 by hallowitch