Ross & Roberts Bailiff visit for council tax

[eddiemc]

I got home last night to a bailiff letter from Ross & Roberts. They visited my property for arrears of £353 council tax. This is despite the fact I have been paying £50.00 per month off this amount for the past 3 months. Since I got the summons I have received no other paperwork concerning this debt from the court or the council. I have written several times to the local authority offering the £50 per month I am paying but they have refused this amount.

 

What do you think is my next move.

 

Thank you

[ploddertom]

There is no law that says you have to speak to or deal with a Bailiff. Providing you deny him access to your home - despite anything he says he cannot break the door down, force entry etc - & prevent him seizing any goods outside (most notably a car) then he remains powerless. He can however charge for 2 visits to you total £42-50 and you should budget for this. You can continue paying the Council direct - online banking, Council website or automated phone. They may not like it but they cannot refuse your payments.

 

PT

[eddiemc]

Hi, I am looking for some help with council tax arrears. I received a summons from the local authority. I didn't go to court and awaited the obvious outcome. I heard nothing for a few weeks and then got a visit from a bailiff.

 

My question is do the council have to issue a liability order before the bailiffs come in?

 

Thanks

[ploddertom]

Yes - Bailiffs are one of differing means of enforcement.

[eddiemc]

So the local authority are not legally obliged to issue a liability order before they send the bailiffs in even though they have obtained a judgement?

[ploddertom]

The Council can choose what manner of enforcement to use. It may help if you can explain more.

 

PT

[eddiemc]

I understand that the council will employ the services of a bailiff. That aside I was just wondering if after they have judgement against you and apply for a liability order they then have to send that liability order to you in writing?

[hallowitch]

7.—(1) In regulation 45(1) (distress)(1), for the words from “the authority” to “may” there is substituted “the authority which applied for the order may, subject to regulation 45A,”.

(2) After regulation 45 there is inserted—

“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.”

[eddiemc]

7.—(1) In regulation 45(1) (distress)(1), for the words from “the authority” to “may” there is substituted “the authority which applied for the order may, subject to regulation 45A,”.

(2) After regulation 45 there is inserted—

“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.”

 

Thank you, just what I was looking for.

[hallowitch]

 

this is the legislation you need to quote

 

The Council Tax (Administration and Enforcement) (Amendment) Regulations 1998

 

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