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Liability Order Set-Aside? Advice Please


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Hi all, im asking on behalf of a friend, they have no internet access.

 

She was living in a property last year for 5 months managing the land on behalf of a company.

She assumed the company was paying the council tax and rates e.t.c. but it now turns out that she was liable for the council tax.

 

She was traced by a bailiff company who went to her house and were quite threatening. They didn't give her any paperwork or anything, and not knowing any better she agreed £20 a fortnight repayments just to get the guy to leave.

 

She is on JSA, and has missed 2 payments, and now has a letter saying that the bailiffs are in posession of a liability order for the council tax, and are demanding almost £600 (including costs) to be paid immediately.

 

No communication from the council, or from a court has been received by her at all.

 

She doesn't dispute that she owes the council tax, as she did live there, and the company she worked for has told her that she should have paid it.

 

From what I've learned on CAG, it seems a court claim may have been issued but to her old address (where she had the CT liability), and judgement made against her in her absence as she never received any papers.

 

Can she get this liability order set aside and get the bailiffs off her back?

 

She would like to deal directly with the council and sort out a repayment plan with them.

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You cannot get a Liability Order set aside in this manner. The question of whether CT was owed boils down to a simple yes or no answer. The Council would have written to her last known address - after all if she has moved and not told them how are they to know. She needs to establish how much the Liability Order was for - only the Council can give the correct figures as those from the Bailiff will be subject to myths and fantasies. What happened when the Bailiff attended - did he gain entry and if si did he make a levy/seize goods and if so can you list them. has she advised both Bailiffs & Council she is on JSA as payments may be deductible at source.

 

PT

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She doesn't dispute the fact that she owes the CT.

 

The confusion arose because she was working for the company for around 6 years, moving from place to place managing land which was being built on. This time, however, the property where she was living was somehow seperate from the 'managed land', and her company did not make it clear to her that she would have to pay the CT for it as they had taken care of that all the previous times.

 

She did tell the bailiff that she was on JSA and showed him proof. He didn't levy or seize anything, just demanded payment of £20 per fortnight or else etc. etc.

 

What she wants to do is deal with the council involved directly, as that is what she would have done had she been made aware of this situation earlier, and it is quite unfair that she is being badgered for the extra charges (the original amount owing is around £210, bailiff is demanding £490) when she had no opportunity to put it right at the start.

 

Would you suggest she contacts the council as a first step?

 

EDIT: bailiff is demanding £590 not £490

Edited by meemok
i made a boo-boo
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If shes on JSA shes classed as Vulnerable and the council should/must take the account back.

Whatever I post is my opinion and should be taken as such, an opinion. While it is what I believe and is offered in good faith, it should not be taken as a statement of truth

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NOTE: This letter can be adapted to suit your own circumstances and could be used to advise the company that you are in receipt of income support or income based jobseekers allowance and that you wish for your arrears of Council Tax to be deducted at source from your benefits and requesting that the account is returned back to the local authority. You should provide a photocopy if possible, of either your benefit book or confirmation of your entitlement from the benefits agency.

 

 

To: Bailiff Company

Date:

Dear Sirs,

Re: Account reference.

I refer to your letter dated (enter date) informing me that your company have been instructed by (enter local authority) to enforce a warrant/liability order etc against me, in respect of arrears of council tax.

In your letter you state that you will be visiting/returning to my home to
(seize/auction etc my goods.)
unless full payment of
(enter amount)
is made by return.

The purpose of this letter is to advise your company that I am in receipt of
(income support/jobseekers allowance)
and am enclosing as proof, a copy of
(payment book/letter from benefits agency.)

I am informed that deductions can be made directly from my benefits to pay my arrears of council tax. This is provided for in the Council Tax (Deductions from Income Support) Regulations 1993.

For this reason, I would like to request that this account be referred back to
(local authority)
(local authority) so that the relevant forms can be completed.

I am also aware that once deductions are in place, Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 expressly forbids any enforcement action.

As I have now made you aware of
(my/our)
circumstances, and provided proof, if your company continues with enforcement action, I will consider making a formal complaint about the bailiff’s conduct to the County Court

Could you please confirm safe receipt of this letter, a copy of which is being sent to my local authority.

 

Yours Faithfully.

 

He didn't levy or seize anything, just demanded payment of £20 per fortnight or else etc. etc.

(the original amount owing is around £210, bailifflink3.gif is demanding £490)

 

He can demand what he likes but he is not going to get it with no levy on goods the most he can charge in fees is £24.50 1st visit fee and £18 2nd visit fee

  • Confused 1
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Good letter hallowitch thanks for that.

 

Just a couple questions about the legislation that is cited....

 

1) The Council Tax (Deductions from Income Support) Regulations 1993 :- This has no mention of JSA in it at all.. Is there a seperate one for JSA, or is there another act/amendment which adds IB JSA to the interpretation of 'Income Support'?

 

2) The Regulation 52 of The Council Tax (Administration & Enforcement) Regulations 1992 talks about warrants of commital and what is/is not allowed after one has been made. Im not sure if I interpreted the text correctly, could you clarify how this one is relevant?

 

I don't doubt you at all, and my friend and I are grateful for your help, but she could do with some answers to fire back at the bailiffs if they try to wriggle out of doing what she asks.

She won't mind me saying she can be a bit 'ditzy' when under any sort of pressure, and I wanna make sure she has all possible bases covered when dealing with the bailffs as they have really scared her.

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JSA IB is a deductible benefit like Income support, so should allow for deductions

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Most Bailiffs have a "Der" factor of 3 and probably wouldn't have a clue what you're talking about when it comes to the Regulations.

 

You have only read Regulation 52, (1) which as no committal has been applied for does not apply, read on further.

 

PT

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I had read right through it I promise! I just got a bit confused by the language and focussed too much on paragraph (1) :oops:

 

It's paragraph (2) that is important here right?

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