Council, Court, LO's and Non-Peaceable entry by Rossers: This thread has it all!!!

[ploddertom]

If the Bailiff has a valid levy for Council tax taken on your goods in your home, you are still within your rights to deny him entry if he comes to collect them. He may stamp his feet, threaten you with all sorts particularly forcing entry in your absence but he is still powerless to act. To go ahead he will need:

1 - usually has to obtain the consent of the Authority that retained him

2 - has then to obtain an order from the Magistrates Court - these are very rarely given

3 - he then has to write to you giving a date & time he will come

It is not an overnight process and can take them some time. The Court Order is very rarely given as they have to show due cause of your wilful refusal to pay and obstructive behaviour to re-entry.

 

PT

[caledfwlch]

If the Bailiff has a valid levy for Council tax taken on your goods in your home, you are still within your rights to deny him entry if he comes to collect them. He may stamp his feet, threaten you with all sorts particularly forcing entry in your absence but he is still powerless to act. To go ahead he will need:

1 - usually has to obtain the consent of the Authority that retained him

2 - has then to obtain an order from the Magistrates Court - these are very rarely given

3 - he then has to write to you giving a date & time he will come

It is not an overnight process and can take them some time. The Court Order is very rarely given as they have to show due cause of your wilful refusal to pay and obstructive behaviour to re-entry.

 

PT

 

Just the information I wanted!

 

Is there any clarification on punishment for hiding levied goods, once they have been levied?

 

Equally, what position would the bailiff be in, if the goods were unsellable having suffered a series of nasty freak accidents since the Levy?

 

Or if the goods were replaced with crappy ones from a skip say.

 

In the friends Levy I have a thread on, no serial codes or indentifying marks have been identified on the WO just "black television set" "grey computer case" all generics like that.

[dx100uk]

well he's not going to get them anyhow

 

so's i'd not worry.

 

dx

[hallowitch]

http://www.consumeractiongroup.co.uk/forum/showthread.php?203289

AMENDMENTS TO TEXT

There have been changes wrought by case law and also by amendments to the

Distress for rent Rules 1988 and Council Tax (Administration & Enforcement)

Regulations 1993 as follows.

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.

[caledfwlch]

So a Bailiff with a Levy CAN force reentry then? this is all very confusing!

[ploddertom]

Yes but you have to read Post 26 & Post 29 in context. He cannot just turn up particularly where Council Tax in involved.

 

PT