Bailiff involved before summons issued

[seanamarts]

I just want to double check on some thing. Bailiffs collecting on council tax cannot be called in before a summons has been issued can they?

The reason I ask is that I am helping another friend, yes I know I am a glutton for punishment, she has had a summons and a bailiff visit on the same day, first visit from bailiff, charges £50.00 approx. no levy made just their generic letter posted through the door.

[hallowitch]

they need the liability order to send in the bailiffs

 

and the council must send a letter after the liability order is granted giving the debtor 14 days to cough up or bailiffs will sent

[seanamarts]

thought so hallow, no liability order sent as of yet but bailiffs turned up.. Im quite familiar with our councils bailiffs and are no better than the rest. Will enjoy this one me thinks. The first port of call will be the councils benefits and revenues department asking why they have sent in bailiffs before said liability order has been issued. Then I will be asking bailiff why he has chrged a fee of fifty odd pounds for first visit when no levy has been made.

[hallowitch]

don't know if you a copy of the 1998 amendment's

 

its going to get to that stage when they see you coming at the council there going to run a mile

go get them girl:whoo:

 

 

http://www.legislation.gov.uk/uksi/1998/295/contents/made

 

Information preliminary to distress

45A.—(1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.

(2) The matters are—

(a)the fact that a liability order has been made against the debtor;

(b)the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;

©a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;

(d)notice that if distress is levied further costs will be incurred by the debtor;

(e)the fees prescribed in Schedule 5 to these Regulations;

(f)the address and telephone number at which the debtor can communicate with the authority.”

[seanamarts]

cheers for that sweetness your a star.. couldnt find it but knew it was there some where.

Yes the council dont like me much here at the moment, they know I know more than them lol.. just got my son off another parking fine because of their incompetence and poor handle of situations..

[jimbo45]

Hi there

according to the above it WOULD appear that the legitimate charges for TWO visits do have to be borne by the debtor.

 

While acknowleging the fact Bailiff powers are virtually NON EXISTANT for council tax collections -- people only pay them usually through fear and a lack of knowlege of their rights-- it WAS unclear who actually had to pay the "Two visits charges".

 

Paragraph 2D seems to bear that out.

 

Now the other question is what actually consitutes a Visit -- surely not a few scratchings on a piece of bogpaper pushed through a letterbox.

 

Cheers

jimbo