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I have just had a visit from Jacobs Bailiffs have come to collect for non payment of Council Tax. They refer to a Liability Order that was issued on 14/10/2012.

 

We have received NO notification in regard to a Liability Order either that the Council were pursuing one or thefact that one had been granted. I thought that they had a legal obligation to inform me all the way if they were pursuing this through the Courts.

 

Can I make complaint to the Council and in the meantime how do I deal with the Bailiffs.?

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You may complain to the Council if you have had no notification of any action the Council have taken, however that will not prevent any enforcement action being carried out. You need to speak to someone at the Council and ask the following questions:

1 - how many Liability Orders they have against you

2 - the dates they were obtained

3 - the addresses they were for

4 - the period of time each covers

5 - how much each one was for

6 - how much is still outstanding

7 - the dates they were passed on for enforcement

8 - the dates & amounts of any payments

 

I assume you know you were in arrears with your CT.


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I was aware I was in arrears and was making payments albeit irregular. I would have thought that they had a legal obligation to write to me and furnish me with a summons? Also once obtaining the Order they are legally obliged to write to me saying that arent they?

 

Two years ago I received a summons and went to Court and got a hearing with the Magistrate and the Council employee was basically humiliated and the application thrown out. Could this be pay back?

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They could have gone for the Liability Order, and "Neglected" to send the obligatory summons, which as it is a conveyor belt bulk kangaroo operation obtained with no further ado.

 

I would do as ploddertom advises and find out exactly your position with the council.


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Hi Meols Cop,

 

Even if the LA were trying their hand at "payback", they have gone about it in a totally reckless and potentially illegal manner. If they did not issue a summons, then there is every possibility the LO may be invalid as they have not followed the correct legal procedure. However, you will need to challenge this in court and ask the court to quash the LO.

 

As for the bailiffs, it is a legal requirement for them to have in their possession and to hand to you on their first visit, a copy of the LO and a copy of Reg. 45, Council Tax (Administration & Enforcement) Regs 1992 (as amended). If this did not happen and the bailiff repeatedly refuses to provide or produce a copy of the LO, I would smell a rat and be ready to use Reg 46 of aforementioned legislation. It is normally used to deal with irregular distress for CT, but I am wondering if you could use it to challenge the legality of the LO itself. Get some legal advice about that particular point.

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what council is the debt for?

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