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A quiCk synopsis

HCC sent. Bailiffs for CT arrears for 2008 and 2009. HCC won't credit account with money paid weekly.

LGO involved.

Any help

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If you are paid the money to a council in respect of council tax, then you have discharged your liability.

 

If the council sends bailiffs for collecting tax that is already paid then they commit an offence. Ask the LGO to intervene.


Professional property investor and conveyancer

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Was making payments via payplan card but HCC refused acknowledgment and won't credit it to CT liability or arrears.

In the meantime one month after receiving this years liability they refused a conversation and sent it to court. Again.

I SRA d the bailiffs and it shows 4 visits and over inflated costs plus in it a note from the council saying that they have put the amounts paid into a different account.

LGO was contacted because of the wording of bailiffs letters.

Stated that they could enter property without me being there.

Also said they didn't need a warrant to arrest or commit me to prison.

LGO has been contacted. I still maintain a weekly payment.

Any advice. Any letters I can send.

I want to make sure that no one else goes through this.

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Was making payments via payplan card but HCC refused acknowledgment and won't credit it to CT liability or arrears.

In the meantime one month after receiving this years liability they refused a conversation and sent it to court. Again.

I SRA d the bailiffs and it shows 4 visits and over inflated costs plus in it a note from the council saying that they have put the amounts paid into a different account.

LGO was contacted because of the wording of bailiffs letters.

Stated that they could enter property without me being there.

Also said they didn't need a warrant to arrest or commit me to prison.

LGO has been contacted. I still maintain a weekly payment.

Any advice. Any letters I can send.

I want to make sure that no one else goes through this.

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LGO was contacted because of the wording of bailiffs letters.

Stated that they could enter property without me being there.

 

 

I find that advice very strange. Lord Justice Morritt said the law doesnt provide for bailiffs to remove a goods in the debtors absence.

 

Khazanchi & Anor v Faircharm Investments Ltd & Ors [1998] EWCA Civ 471 : On 17 March 1998 Lord Justice Morritt in the High Court ruled that bailiffs having a Walking Possessions Agreement cannot remove anything whilst the debtor is absent unless it is pre-arranged by appointment and with an Order signed by a Judge. The Judge also said in his conclusion,

 

 

However it should be noted that in cases such as these there may be a sanction pursuant to Section 1 of the Criminal Damage Act l971. In other cases the provisions of Section 6 of the Criminal Law Act may apply also.

 

 

http://vlex.co.uk/vid/ur-judge-cox-52584219


Professional property investor and conveyancer

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Also said they didn't need a warrant to arrest or commit me to prison.

 

Technically thats true, but Section 47(2) of the Council Tax (Administration and Enforcement) Regulations 1992 does require that you appear before the court. There is nothing in the regulations that says you do not have a right to challenge the liability with the magistrate.

 

It is for the council to prove your willful refusal to pay, and you have compelling evidence you are willing to pay because you have a payplan card showing payment transactions in favour of HCC.

 

The magistrate will dismiss the application to commit you to prison.


Professional property investor and conveyancer

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