council tax bill incorrect and LO

[tiny_tim]

Hi guys,

 

my local auth issued a council tax bill which did not show a single person discount, i refused to pay until the bill was corrected. in the meantime i was notified of a summons to which i replied account in dispute and sent LA another letter to remind them to change the info on the bill as it was incorrect. A liability order was issued on the basis that the incorrect amount was not paid. Was the LO issued unlawfully? is it unenforceable? can the bailiff that attended but did not gain access legally charge fees on the basis of the LO that should not of been issued? I have not contacted the bailiff in question and have no desire to do so and i fear that time is short now (my fault) before he makes another appearance. Any suggestions? Regards, Tiny.

Edited April 9, 2013 by tiny_tim
typos.... :(

[Desperate Daniella]

You need to call the Local Authority first thing tomorrow morning. Ask to speak to a manager, and ask them why this situation has escalated.

 

Local authorities can call off the bailiffs.

 

Have you actually spoken to anyone at the Council Tax office, or has everything been in writing so far?

 

DD

[tiny_tim]

communication has been rather sparse, i drive a bus for a living so only get 45 mins of time during LA open hours and its not always possible to keep on hold and eat a sarnie in the cab of a bus, things were going ok until CSA stepped in and started to take 200 pcm from a limited income. I will however, make a habit of phoning them tomorrow and post back what gets said... thanks for the reply.

[Desperate Daniella]

I think this can be sorted out provided you insist on getting hold of someone who has the authority to actually sort it out. Somehow you have to find the time tomorrow, the earlier the better, before the bailiff turns up. If he does turn up tomorrow, don't answer the door. If you have a car outside your home go and move it a few streets away, or somewhere where it won't be easy to find.

 

Good luck with the call. If the local authority cancel the bailiff the fees don't generally apply.

 

DD

[tiny_tim]

Yep, will get on it. In the meantime though, does anyone know if a bailiff has the legal right to put a foot in the door to stop it closing? If a person slammed the door and the bailiff claimed injury under common law would it not be accepted that he or she knew the element of risk associated with that action?? Your thoughts?

[Consumer dude]

Yep, will get on it. In the meantime though, does anyone know if a bailiff has the legal right to put a foot in the door to stop it closing? If a person slammed the door and the bailiff claimed injury under common law would it not be accepted that he or she knew the element of risk associated with that action?? Your thoughts?

 

You could ask the bailiff to remove his foot and if he did not you could use reasonable force (whatever that means) to prevent him coming in..

[Desperate Daniella]

I don't know enough about this, but if they are considered to have got in to your property you have no right to throw them out, and you cannot refuse them access when they come back.

 

Personally I'd check very carefully outside the door before I opened it and move out quickly shutting it behind me. And the same in reverse on my return home!

[tiny_tim]

but couldnt he / she argue that access was implied before revoked and therefore a levy was underway? you know what these buggers can be like...

Edited April 9, 2013 by tiny_tim
typo

[tiny_tim]

too many "ifs" i think. maybe i worry too much :]

[ploddertom]

Hi guys,

 

my local auth issued a council tax bill which did not show a single person discount, i refused to pay until the bill was corrected. You are supposed to pay it until a correction is made, if you therefore end up paying more than what you owe the monies are credited to your next bill unless you ask for a refund. in the meantime i was notified of a summons to which i replied account in dispute - the only matter which can be considered is whether or not you are liable - and sent LA another letter to remind them to change the info on the bill as it was incorrect. A liability order was issued on the basis that the incorrect amount was not paid. Was the LO issued unlawfully? No. is it unenforceable? No. can the bailiff that attended but did not gain access legally charge fees on the basis of the LO that should not of been issued? Yes. I have not contacted the bailiff in question and have no desire to do so and i fear that time is short now (my fault) before he makes another appearance. Any suggestions? Regards, Tiny.

 

PT

[ploddertom]

Yep, will get on it. In the meantime though, does anyone know if a bailiff has the legal right to put a foot in the door to stop it closing? It is called the "threshold manouevre" and is unlawful. If a person slammed the door and the bailiff claimed injury under common law would it not be accepted that he or she knew the element of risk associated with that action?? Your thoughts?

 

PT

[ploddertom]

I don't know enough about this, but if they are considered to have got in to your property you have no right to throw them out, and you cannot refuse them access when they come back. A Bailiff is only allowed entry by permission, if on discovering a Bailiff within your home then you may ask him to go, however if he has started the process of levying on goods then unfortunately it is too late to ask him to leave. If he does return you do not have to let him again, a locked door is not deemed "forcible exclusion".

Personally I'd check very carefully outside the door before I opened it and move out quickly shutting it behind me. And the same in reverse on my return home!

 

PT

[tiny_tim]

a locked door is not deemed "forcible exclusion".

 

so a bailiff can gain entry through an unlocked window and start making a levy on the basis of a penpushers f*ckup... sounds about right

[ploddertom]

so a bailiff can gain entry through an unlocked window and start making a levy on the basis of a penpushers f*ckup... sounds about right

 

Only if the window is open, if it is unlocked but closed then he may not. Unfortunately Mr Numpty only carries out the instructions of the Council, so it is the Council at fault and once informed they should call off enforcement pending investigating your claim.

[spidersil]

I am a complete novice at legal issues , but isn't the council committing fraud by demanding money to which they are not entitled, and theft by taking it, and demanding money with menaces by threatening you with the bailiffs.

[ploddertom]

I am a complete novice at legal issues , but isn't the council committing fraud by demanding money to which they are not entitled, and theft by taking it, and demanding money with menaces by threatening you with the bailiffs.

 

No, it would appear in this case that SPD had not been applied for or was possibly cancelled for some reason, in which case the full amount becomes payable.