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jimbo45

To any Tax law SOL - regarding payment of Council Tax

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Hi there

I was just wondering if there is any law around that actually REQUIRES you to deal with a Bailiff for non payment of tax regardless of whether a Levy has been made or not.

 

Tax is due to the people charged with collecting it i.e the Inland Revenue (or is this now called something totally rediculous like The Peoples Tax service or whatever) and Local Councils.

 

Bailiff's etc are only AGENTS of the various authorities so any refusal by an authority to receive tax payments is an OFFENCE as they are REQUIRED BY LAW to collect the tax.

 

Nothing in the wording says you actually have to PAY A BAILIFF anything.

 

If the council wants to get you to pay for its expense in "hiring agents" for its collection then its up to the Council to setlle that in a Court - and I haven't actually seen this tested in court yet.

 

We do know that fees for two visits are allowed and the Council CAN add that on to any debt it takes back -- but as for the rest -- If you just tell the Bailiff to Foxtrot Oscar so long as you are paying the Council then as far as I can see they are TOTALLY POWERLESS WHATEVER THE CIRCUMSTANCES.

 

Any taxation lawyer have any input on this.

 

Cheers

Jimbo

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It's my opinion that the private bailiff firms collecting council tax debts for the local authorities rely only on intimidation and BLUFF.

 

Unfortunately for me, I didn't realise this until I had suffered stress and anxiety at the hands of the council and their bailiff firm. Remember that these official looking threatening letters you receive are computer generated en mass and the bailiff may be dealing with thousands of cases at any one time, so if they have only 50% of the debtors falling for their scams they will be making money hand over fist, so do you think they would waste their time and pursue those who do not let them into their property.

 

It seems like the best course of action is to ignore them and as Jimbo say's definately don't allow them into your home.

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Bailiffs are employed by the council to collect a debt on their behalf, the council are fully responsible for them and their actions and it is about time the councils stood up to them when they over step their authority instead of making out that they cannot. You do not have to deal with a bailiff at all, and people need to be made aware of this and their rights.

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Thanks again

I think it might be worth my while if I get into this situation again to REFUSE to pay the Visit fees to Bailiff's OR the council and just take my chance in a Court if they want to bring a case.

 

I'm not sure if a Council would go to all the trouble of taking you to court for 42.50 for Bailiff Fees -- and if they did it might make an interesting test case.

 

As far as I can see some "Late" payment charges are allowed by the Inland Revenue (statutory Interest is allowed) but for Council Tax all they can charge you for are for Court costs (summons / liability order).

 

If the council want to spend EXTRA money chasing you then that IMO is THEIR problem -- especially if you are TRYING to pay tax that they've refused to take.

 

This really needs to be tested in court -- unless there is already a precedent. I'm no specialist in Case law but so far my searches have eluded any resolution on this one.

 

Perhaps I should offer to be "the Victim" --after all if they are only going for 42.50 then costs even if I lose won't be severe surely.

 

The worst might be an easily defendable CCJ attempt.

 

Cheers

jimbo

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