Is it a criminal offence not to supply Baliffs with employment info ?

[Hotlips85]

Hey all.

 

I had the dreaded letter yesterday from Bristow and Suitor demanding £1100 in Council Tax arrears or I can arrange a payment plan.

 

They also attached a form declaring that it is 'A Criminal offence not to supply information and you could be fined £1000.

 

Personally I think they are using scare tactics, I knew it was a criminal offence not to supply Council with your employment details but surely not Bailiffs? I could chose to totally ignore them and I wouldn't get in any trouble , is this right?

 

I am not sure what to do now, I want to set up an arrangement but can only afford £100 month, anyone had to deal with this before as this is the first time for me and it's stressing me the hell out!

 

I do intend to ignore the employment details as it's none of their business in my opinion,

 

Thanks

 

x

[citizenB]

TBH, I do not know if what they are saying is correct.

 

I have moved your thread to the Bailiff section where there are a lot of knowledgeable people who might be able to help.

[citizenB]

I am thinking that you might have to provide them with an Income & Expenditure sheet.. (in order to substantiate the reduced payment) but not necessarily who your employer is.

 

I will try and find out

[brassnecked]

Dont think it is a criminal offence not to provide a bailiff with anything, let alone employment details, chances are if they had that information, they may unlawfully turn up at your workplace and cause you embarrassment, and even cost you your jobm after all there is no law that compels you to deal with them, so IMHO, this is more bailiff bovine excrement.

[citizenB]

Is there any chance you can scan in the form so that we can see it, please. I have posted some instructions on how to do that below.

 

Dx100 – Instructions on uploading pdfs

scan the required letters/agreements/sheets

as a picture file

remove all pers info inc barcodes etc using paint

but leave all figures and dates.

goto one of the many free online pdf converter websites

convert the image to pdf format.

or ir you have PDF as an installed printer drive use that

open a new msg box here

hit go advanced below the msg box

hit manage attachments below that box

hit the add files button on the top right

hit select files, navigate to your file on your pc

hit upload files

NB:you can set where it goes in the post by hitting insert inline.

the hit reply button

[sequenci]

Hello there.

 

As far as I'm aware the only time you could get in trouble is if the COUNCIL decides to make an application for an attachment of earnings. You would be under an obligation then. This would need for the bailiffs warrant to be passed back to the council.

[outlawla]

I don't know what the situation is with bailiffs, but I believe – going by this attachment – that it is the policy of some councils to prosecute for refusing to give details, but others don't implement the law.

 

Copy of Print_082582009411627.xls

 

Look for your council on the far left column and I should think the relevant information telling you whether or not they fine or prosecute is under columns GH and GI.

 

It seems not many councils do implement the law over failing to supply details. This is old data however, so don't rely on it without double checking first.

Edited April 24, 2012 by outlawla

[Fair-Parking]

Bailiffs never stop do they? Always inventing new ways of threatening people. Criminal offence indeed!

 

They just didn't quite get around to explaining exactly which law they were referring to. Nor did they seem to think that anybody would notice that a) BS is a private company and b) It isn't their debt.

 

Thus they are in no position to take 'criminal' action or indeed any other action to extract information to which they are not entitled.

[ploddertom]

They are working on the principle they are acting as the agent of the Council and therefore would have that right. However as we all know if you tackle the Council over the wrongdoings of the Bailiff they are very quick to distance themselves. More a case of them wanting their cake and eating it.

[jimjim5]

Ex bailiff here do, they are full of ****. No bailiff has the right to your employment info. You don't have to supply it only to the courts

[Fair-Parking]

They can adopt any 'principle' they choose. They are still private citizens who have no authority to apply what they deem to be criminal law.

 

Not to worry, the word 'principle' is alien to bailiffs. Now if they had been honest (there's another word that doesn't blend to easily with the word 'bailiffs'), they would have used the more fitting 'excuse'.

[tomtubby]

The bailiff company are correct in that it is a criminal offence to fail to provide financial info when requested, BUT you need to read the actual statutory regulation (link below). The relevant section is Paragraph 36 where it states as follows:

Where a liability order has been made, the debtor against whom it was made shall, during such time as the amount in respect of which the order remains wholly or partially unpaid, be under a duty to supply relevant information to the billing authority on whose application it was made.

Regulation 56 provides further details of the actual offence and the maximum amount that a debtor could be fined.

As to whether a bailiff company may request this information; you will need to look at paragraph 22 (e) of the Local Authorities (Contracting out of Tax Billing, Collection and Enforcement Functions) Order 1996 which does in fact “appear” to allow that a “contractor” may well request this information.

 

http://www.legislation.gov.uk/uksi/1992/613/made

[Fair-Parking]

The bailiffs are still third party private citizens lacking the statutory authority to take any criminal action or even threaten to take criminal action against anybody and it was the powers of Bristow and Sutor that the OP was questioning.

 

Local authorities may well have the right to demand this information but it is they and not the bailffs who need to ask for it first as P36 (2) makes clear 'For the purposes of paragraph (1), relevant information is such information as fulfils the following conditions— (b) 'the billing authority requests him by notice given in writing to supply it'.

 

I suspect that if the bailiffs had the right to demand such information the legislation would have said so, rather than silently allowing that which only a statutory body can ask for to be passed on to a third party without any statutory powers.

 

I would advise the OP to wait to see if the Council takes it upon itself to act lawfully and to take the trouble to write.

[Hotlips85]

Thanks for all your replies everyone, just need some advice on it and what the next step is I should take. I was thinking of just emailing them and the Council in the same email offering £100 per month, will totally ignore the employment info, thanks all.

 

I will try and get it scanned today and post it up, it must be a new tactic because my friend had to deal with B and S 4 months ago with Council Tax arrears and she said she never had them form sent to her.

 

It says at the top -

 

"REQUEST FOR FURTHER INFORMATION "

It is a criminal offence if you fail to complete and return this form or supply us with false information.

YOU MAY BE LIABLE FOR A FINE OF UP TO £1000

 

Once competed please return this form to us immediately in the envelope provided .

 

Part 1 - List the sources of your income here (Address of employer) benefits etc

 

Part 2 List your partners income here (Address of employer) benefits etc

 

Now provide us with both National Insurance numbers

 

 

Sign..........

 

 

 

X