Incorrect CT Liability Order and Bailiffs Forced to Pay it by Police

[SJC2014]

Hi Folks

 

I apologise sincerely for the below but though I write out as mcuh as possible to save any questions some may have.

 

I am after some advice, been struggling and getting nowhere for months with council

 

I moved into Property 05/09/2013 and did change of address form for new council tax bill at new property.

Took about 7 weeks for new council tax bill to be genearted and

in mean time made equivalent to first month in October.

 

Eventually got new bill some 7 weeks after moving in and in mean time submitted a new Housing Benefit/Council Tax Benefit claim

due to decline in Work and Income (self Employed) which more or less coincided.

Got one bill for full amount and then new bill with relevant discount.

The council tax was solely in my name and not joint.

 

Everything fine and then

 

in December were got a revised bill and the date for moving in was now amended to 3rd August,

flagged this and told to send in copy of Tenancy (again), a lady from Benefits side after speaking said she would liaise and she could take a copy of theirs.

 

Made the small weekly payments(monthly) with what we needed and awaited revised bill.

 

January Nothing, February nothing.

Flagged this up as we had outstanding bill but now stated refused to pay anymore as clearly

what were being billed for was too high and not paying for a property hadn't even laid eyes with the dates stated on council tax.

 

As missed payments they sent letter saying no to monthly and full amount due, stating total due was £234.

 

With all of this I refused based on incorrect info (all documented correspondence via email).

Then on 06/04/2014 they sent for liability order even after telling them it was incorrect and needed changing.

Obviously I went off to work and they didn't action my letter and proceeded I didn't know about this but

I didn't get back home until 2 days after court date due to issues with work.

I later got letter from Council stating granted and forcing me to pay all of it.

 

Once again gave them info to say not correct and I didn't owe it that amount and will only pay what is actually owed

 

now August and get Equita Letter stating Enforcement Notice.

Spoke to them and emailed conversation and made token payment of £5

explaining spent last few months trying to resolve but to no avail and chasing fictitious clerical error amount.

 

Sent Dispute Letter to council once again (25/08/2014) along with another copy of Tenancy Agreement,

a receipt dated from Council 09/09/2013 when brought in Tenancy Agreement,

the invoice from removal Company,

the letters from Phone, Gas, Electric and Water with dates for swapping,

and a note from my Landlord.

 

In meantime I was in email correspondence with one member who I believed was working for Council,

who stated under no circumstances would order be revoked, no charges removed, no payment plan nothing.

I owed what it said regardless of my dispute.

 

I refused to pay anything other than the actual amount of Council Tax I owed for the actual period of time I lived in property,

my argument being if it was corrected 6 months ago I would of paid it by now

but refuse to pay more in charges than the actual amount of outstanding.

 

Low and behold I then received letter from Equita (03/09/2014) saying account on hold via contact from Local Authority pending further instruction.

So finally and end to it........ but no.

That was last of correspondence from either party until the...

 

19/09/2014 at just before 6.45am (alarm goes off at 6.30am) walk downstairs to be greeted

by a piece of paper on floor in front of door from Equita Bailiff saying called today to execute a Liability Order

for outstanding balance of £544.14 with £234.14 Debt, £75 Fee and £235 enforcement.

 

No knock no contact (my little anxious terrier barks at literally everything even little noises,

but that day no noise suggests they didn't knock)

Neighbour at end of street has CCTV and is trying to sort me out the footage from that day.

 

amount of his little piece of scrap paper is for full amount still after all this no communication after last lot and still chasing.

I stated I refused to deal with this anymore and was seeking legal advice, Local MP, Press,

complained that bailiff didn't attempt communication just levied £235 plus fee for nothing and as bailiffs on doorstep.

I also would supply CCTV showing the morning of 19/09/2014 and that he is seen leaving after being at door for literally 10 seconds.

 

Did it finally sink in all the months telling them it was wrong,

well Yesterday Friday 03/10/2014 i finally received a brand new revised council tax bill for 2013-2014 with correct dates and amounts etc,

though amount of bill did not have reductions for council tax benefit i was entitled to but

 

after calling Benefits Office that day lady explained I would get another bill very shortly with the deductions applied

for date range and looking at £40+ left to pay,

 

I explained situation and she said different department but when transferring me the number just rang and no-one answered.

At least I thought its finally resolved and come Monday can sort out what happens to liability order for way too much.

 

today at 6.50am on Saturday morning an almighty banging against door and shouting led me to open it

stating he was here in force to execute order and would not leave without full payment.

Stating amount owed was £539.14 with Debt £234.14, Fee £75 and Enforcement £235 Totalling £539.14.

 

I refused point blank and told him that debt didn't exist and had new council tax bill stating this,

he said I don't care and was instructed yesterday to pursue debt for total amount as stated on his piece of paper,

asked under who's authority, told me not at liberty to tell me that.

 

I then told him I would give him recent bill that related to that exact amount and he can match it to his paperwork

and that I need to contact Council come monday morning to find out what next step is as this is out of order and I will not pay.

I shut door on him, locked it and then went to get new revised bill,

 

when I opened door he wouldnt take it saying he will take car,

this car isn't mine its my Partners, In her name, Her finance agreement, nothing to do with me, I cant even drive.

Said makes no odds and if car registered at this address then tough I will take it, regardless

if she runs her own business and car is actually bought through her books and on a bill of sale makes no odds.

 

Told me to get proof of this so said okay will print off bill of sale from her email account,

shut door and went off into room and

 

in mean time he then opened door and just came in,

I then pushed him back towards the door and told him to get out of my property

and i never once permitted you entry, even my own mother at 55 waits until i invite her in after knocking.

 

He then claimed I assaulted him, not likely as was good few inches bigger than me,

he then proceeded to state he was calling police, which he did and reported a common assault.

 

In mean time told him not paying as not correct amount and then said he will press charges

unless I pay in full cash or hand him car keys and he will be on his way stating an assault will bring 51 weeks imprisonment.

Told him to do one, he then got his mate so locked door.

 

10 minute later police arrived (2 cars and 3 officers) so I duly let them in,

explained situation, not that in anyway assaulted him just prevented him moving further into my house

and guiding him backwards to my front door, also advising him at time to mind step in case he tripped over it.

 

Explained what it was about and then one officer went outside,

he came back minutes later and explained he is only doing his job,

regardless of what info we may have,

whether it be right or wrong he is here to collect £500+ said monies

and that I will not obstruct him.

 

At this point I flipped, they stated that unless I could give a purchase receipt for car with partners name,

they would not accept bill of sale then they will take it regardless of who owes money

and we are here to prevent you obstructing that under some peace act.

 

After a few words thrown he then went out and invited the bailiff into property,

I approached him, told him to get out and police stated they have brought him in

and he is within his rights to come in if he wants and told them we refuse to hand over keys.

 

they gave us only option to pay in Full £539.14 or they will let them take goods which would incur fees in excess of £750 further.

 

I went nuts typing words here cannot give you an indication of what the atmosphere was like.

I was then told by police that if I prevented them executing whatever order he had, in my own property

then I would be held under breach of peace. They then proceeded to accompany him.

 

He then went into my Office and said was ceasing the lot. (Self Employed IT Nut)

my PC and Hardware ect total £3xxx and are my only and main of income,

I hit the roof stating none of this stuff can be taken but he said it makes no odds.

 

Unfortunately at his time with police almost arresting me, i was told by police to pay full amount regardless of whether I could actually afford it,

whether I owed it and let him be on his way and sort it out afterwards or they would restrain me if I refused them further access.

 

what did I do, well i was held with a gun to my head almost and made to pay £539.14 via debit card,

this left me with little over £200 left in my account, rent was due today, Car Insurance Tuesday

and £116 payment towards SA Tax bill (this outgoing is deadly serious and cannot be missed).

 

With no payments actually due to me in Meantime till WTC/CTC on Thursday (unless chase my debtors for early payments before due date).

 

all in all shafted well and truly, nothing I can do and then

 

after some digging I find out Capita and Equita are same company,

person speaking to via Email is employee of Capita not Council,

no money, and that UK Law is absolute balls.

 

after being told on Friday my bill is pennies over £40, no one to speak to on number given by Council on Friday

to find out that liability order cant surely stand now you have made clerical error and I should not be liable to any excessive fees removed,

I am utterly screwed after being forced by Police to hand over Monday, Car or my Goods for money I DO NOT OWE.

 

I also up to point of them telling me these 3 options before any further intervention that I refused to pay

someone who just knocked on my door, he didn't show me ID or any paperwork when I asked,

especially when prompted that he was given go ahead yesterday on who's authority.

 

He stated he did but I stood in front of 3 Police Officer and swore in front of them and on my 2 children that I didn't even know his name,

they stated he didn't need to and they confirmed who he was when outside speaking to him

and that any paperwork would of been sent to me from Council or from their Offices sometime ago.

 

bailiff left, police stayed back and one apologised but said they had job to do

and ensuring a peaceful situation was all they could do and hopes I can sort it out somehow next week

and it was in my best interest and they didn't really want to arrest me for breach of peace

or possible more as they could see how agitated I was getting.

 

If anyone can give me a helping hand out be much appreciated.

Months wasted sorting, finally thought sorted then robbed.

To find out Capita who have been posing as my Council in my emails

are those who own the Bailiffs actually helps me understand a lot.

 

If the liability order is incorrect, it was from beginning and the info given to council was even sent

and received long before the order was submitted to so called court, with all excess charges added.

 

I owe just under £43 and now have lost almost £540,

cant pay my rent,

will no doubt cause issues with my landlord,

 

now have to work out how to pay for food, kids, petrol, insurance, Tax Bill etc before I next get money in,

also mean I lose out of certain jobs as cant justify petrol outgoing.

Edited October 4, 2014 by SJC2014

[CrappoMan]

If you paid by debit card,

ring your bank and DEMAND a section 75 chargeback, as you paid under duress.

 

Don't get into the where's and why's of the payment,

just that you were forced to hand over your card details under the threat of actual physical force and demand a chargeback.

 

They won't want to action it, but just like the direct debit guarantee, if you persist, they will refund your money.

[i hate bailiffs]

The police had no right to invite the bailiff into your home

 

You need to put some paragraphs in to your post as hard to read

 

You need to write to council marking formal complaint about their agents the bailiffs

Copy in local MP and councillor's

 

The bailiff was relying on fear and intimidation they got what they wanted your money

[GrumpyToSayTheLeast]

Bailiff had already been in.

Def has confirmed that by saying the he didn't want bailiff coming in any further so pushed him out.

That is assault.

And they then have the right to force entry as the have been forcibly removed from the property.

 

Maybe the writer could explain how the EA got over the threshold in the first place?

[SJC2014]

Pretty sure I am not covered by the S 75 as its only Visa Debit.

 

Did speak to someone today at Bank,

said there was nothing they could do, again only a numpty in a Natwest Tshirt

but they couldn't give me to anyone as there wasn't an issue as far as they could see,

and then they hung up on me as I accidentally swore.

 

if there is an issue with the amount owed,

 

I have to speak to merchant and they can issue a refund for the difference

[SJC2014]

 

Bailiff had already been in. Def has confirmed that by saying the he didn't want bailiff coming in any further so pushed him out. That is assault. And they then have the right to force entry as the have been forcibly removed from the property.

 

Maybe the writer could explain how the EA got over the threshold in the first place?

 

Bailiff had never set foot through my door on anywhere near the inside of my property until he opened the door himself and tried to just walk in.

I shut my front door on him and started to walk away,

 

 

He then opened my front the door and walked in, as I saw him i quickly turned back down the hallway

and made him go back out with one hand whilst shutting the door with my other in which he prevented me closing door fully,

if I had of used any force, he would of easily tripped over the threshold of our door and falling down 4 very small and slim concrete steps to the floor.

 

Even police after he told them what happened explained that in no way is common assault

Edited October 4, 2014 by SJC2014

[welsh1]

I shut my front door and started to walk away, He then opened my front the door and walked in, as I saw him i quickly turned back down the hallway and made him go back out with one hand whilst shutting the door with my other in which he prevented me closing door fully, if I had of used any force, he would of easily tripped over the threshold of our door and falling down 4 very small and slim concrete steps to the floor.

 

Even police after he told them what happened explained that in no way is common assault

 

You have stated you pushed him back to the door,i am afraid that is common assault

[SJC2014]

You have stated you pushed him back to the door,i am afraid that is common assault

 

Thats irrelevant, he used this as a so called threat of intimidation with blackmail purely for financial gain

whether lawful or not, at end of the day regardless he explained what happened and the police officer

said unfortunately there is no claim for common assault at all.

 

He even started jabbering to one of officers on my wall when he left saying

he wants to press charges as no one tells him what he can and cant do.

 

At end of the day if there was anything in his version of accounts that really is no way was any different to mine,

then as police they would of followed up, he was shown the door, he used his own 2 feet

i just ensured he actually went all the way through so I could close the door behind him,

especially when I have a 4 year old child behind me wondering what is going on

and wondering why this man is trying to come in our house and wont let me close the door

Edited October 4, 2014 by SJC2014

[welsh1]

I know you feel emotive about what happened,and there are many on here that will help you,

but on the question of assault you did commit common assault,

 

 

i know what the PC told you and he was trying to keep the peace and avoid having to arrest anyone.

 

 

But in the law as it is written common assault took place, a

 

 

nd you admit this by stating you pushed him down your hall to the door with your hand.

[SJC2014]

look at in my perspective, I spend all my time getting this sorted.

 

 

I finally get a bill dated 30th Sept saying I owe £43+, sent 2nd class,

open it Friday afternoon when postman delivers it,

cant get hold of anyone and told to ring back monday

and then low and behold someone knocks stupid o clock on Saturday morning demanding full payment and will not leave,

 

 

even called his mate when I said not a chance as this big hardman bailiff thought he may get hurt.

And in all this time I find out that all the complaints,

info I sent was actually be sent direct to Capita via my local authority mailbox.

 

in my eyes they knew it no longer existed and went out of their way to get it

knowing on a Saturday there was no one to take a call.

Hence win win all round for one company.

On the hope I would bow down thinking there is nothing I can do.

 

 

If this didn't happen today a call into my local offices on Monday armed with all my previous letters

and their new correct revised Bill would highly of likely meant this disappeared,

there amended their clerical error and admitted in that instance that they were at fault.

[welsh1]

I understand and sympathise with your predicament and i would also feel frustrated,

and hopefully when you contact the council and they realise their mistake then no doubt you will get your money back.

 

I was simply responding to the question of assault,

and gave the answer,

there was no malice intended just an honest answer.

[SJC2014]

it wasn't pushing as such just way I typed it.

Obviously harder to write a scene than it is to verbally repeat it,

hence why copper said nothing really in what i did.

Just my context and somehow not clear use of the correct wording.

 

 

He didn't make it down the hall i was heading off down hall and he then opened my front door and just started to help himself walk in

I went back down hallway and proceeded to prevent him moving anymore

directing him back out of the door so I could shut the door.

 

 

We were also lucky in that our eldest dog was downstairs in Kitchen or he would of gone out a lot quicker,

not that he would of bitten him but his bark and attitude is definitely not a reflect of his fluffy exterior

 

Look at this way,

I was in local Tesco Express other day and there was altercation with manager and someone previously banned for shoplifting,

he was trying to get in the store and manager was preventing him getting past sending him back out through the entrance,

obviously in this case automatic doors really aren't the best as its not like you can just close them, but was it common assault no.

If it had manual door would he have closed it behind him once out of shop, yes most definitely.

Did he beat the c**p out of him, no. Asked him to leave, had no right being there.

[josephbloggs]

common assault is committed when one person causes another to apprehend

or fear that force is about to be used to cause some degree of personal contact and possible injury.

 

 

The enforcement agent gained peaceful entry by way of opening an unlocked door and walking in,

and as you admittedly pushed him,

you are therefore guilty of the offence of common assault,

and unfortunetly also under section 68 of Schedule 12 to the Tribunal Courts and Enforcement Act 2007

it is an offence to intentionally obstuct a person acting lawfully as an enforcement agent.

[SJC2014]

I understand and sympathise with your predicament and i would also feel frustrated,and hopefully when you contact the council and they realise their mistake then no doubt you will get your money back.

 

I was simply responding to the question of assault,and gave the answer, there was no malice intended just an honest answer.

 

no its okay, i knew you werent saying anything nastily.

 

I do see what you are saying just way I wrote it and obviously what happened,

how I wrote it and how it is reread obviously different picture forms,

you weren't there you picture based on what I have written.

 

 

But in a fairness, I have been since December to now trying to sort this, and never actually gotten anywhere.

I once got told by someone on phone presuming it was council, not realising it was actual employed staff from Capita on the line

when it regards Council Tax Debt (only just fond that one out as), she asked what the problem was

and why i was fuming and kicking off and told her that refused to pay a month worth

and some of council tax on property I never lived,

 

 

she asked how much told her and said is that all just pay it,

thought you were talking bout sumit like 6 months worth or sumit,

but all this over that, at least could understand if you owed loads and that.

Exact words of what sounded like a 14 year school kid.

 

 

obviously minded the childish comments but already paying council tax in the property actually lived at at the time for the correct period.

Edited October 4, 2014 by SJC2014

[CrappoMan]

...Basically if there is an issue with the amount owed, I have to speak to merchant and they can issue a refund for the difference

 

That's why i said not to go into the why's and what's of the situation,

 

 

just that you were pressured under threat of physical force to hand over your card details to a third party

and any usage of those details was without your consent.

If you tell them any more details, they will use them to find a way to wriggle out of refunding you.

 

What has happened is semantically equivalent to robbery. Do they expect a criminal to issue you a refund ?

[SJC2014]

common assault is committed when one person causes another to apprehend or fear that force is about to be used to cause some degree of personal contact and possible injury. The enforcement agent gained peaceful entry by way of opening an unlocked door and walking in, and as you admittedly pushed him, you are therefore guilty of the offence of common assault, and unfortunetly also under section 68 of Schedule 12 to the Tribunal Courts and Enforcement Act 2007 it is an offence to intentionally obstuct a person acting lawfully as an enforcement agent.

 

acting lawfully as an Enforcement Agent

 

but when handed correspondence direct from his Agents (local Authority)

addressed to me dated the 30/09/2014 a month and half after (12th August Enforcement Notice)

stating what I actually owe,

 

 

it is lawful to pursue knowing what info you have isnt the case anymore,

is it lawful to blatantly try and remove by force an item of property actually not legally anything to do with me,

having someone try and work out how to tow out car,

all the time knowing that actually he has info contrary to the belief that what we hold is no longer correct

and that we cant get him to confirm as there is no one to talk to,

even said you cant sort with council as its saturday and they are closed.

 

 

will we do everything we can now before we cant actually do anything and miss out of this extra few hundred quid we should not be getting.

 

What would be the case when I personally call in Council Offices on Monday,

explain situation and they say no one has rescinded the order that your account in question

and order is still on hold due to only just actioning discrepancies and errors,

 

 

yes account is still on hold and that these then acted on the own accord,

how does that help me going forward, is the resolution instant, i think not.

 

Lawful is one, unlawfully executing something that you may know is no longer correct but doing so anywhere is not justified.

Edited October 4, 2014 by SJC2014

[i hate bailiffs]

 

Bailiff had already been in. Def has confirmed that by saying the he didn't want bailiff coming in any further so pushed him out. That is assault. And they then have the right to force entry as the have been forcibly removed from the property.

 

Maybe the writer could explain how the EA got over the threshold in the first place?

 

They DO NOT have the right to force entry

Regardless if they have been in before

 

For forced entry for council tax it is along process

 

get a letter of formal complaint off to council

[SJC2014]

That's why i said not to go into the why's and what's of the situation, just that you were pressured under threat of physical force to hand over your card details to a third party and any usage of those details was without your consent. If you tell them any more details, they will use them to find a way to wriggle out of refunding you.

 

What has happened is semantically equivalent to robbery. Do they expect a criminal to issue you a refund ?

 

I know exactly where you are coming from,

even told police it boils down to blackmail on their part aswell,

either do as we say or you will be punished either way,

 

 

and that he even said we cant go until this matter is resolved in full,

officer even said if we needed and hour or so to ring round numerous friends, family, relatives

to gets loads of small amounts together they would wait around here with him until we got it all.

 

 

Obviously when you show copper your 1 day old evidence they dont want to see it as its civil matter,

they didn't even want his, just clearly took his word for it, i don't even know what he had.

 

Though regards chargeback just read some excerpts on some webpages

and they have some spiel to write and state in order to be effective

it needs to be done in writing rather than trying to get anywhere with some call centre agent on the phone.

 

There is also loads of stuff on web about police not actually being allowed to let them in,

help facilitate in their wrong doings etc.

 

 

A lot of it wordly professionally but end of day you dont know what is just hear say worded to sound like it legitimate and bonafide and whats not.

 

All I know is i don't owe it, never did, tried hardest to fix but very reluctant to do so so

if bank say no what options do I have,

obviously nothing that will be turned around in say week or so.

 

 

They refused to fix instead chased knowing there info was wrong so what chance do i have of getting refund back

 

 

Even police said if it wrongs of course they will refund you the difference!!

[SJC2014]

There are these not that would know what to do with them, everything and everyone I have dealt with upto know has not bothered.

 

A bailiff may not encourage a third party to allow the bailiff access to a property (i.e. Workmen inside a house or a police officer), access by this means renders everything that follows invalid

 

A debtor can lawfully use reasonable force in removing a bailiff without a levy that has refused to leave, the bailiff resisting is the person guilty of a breach of the peace, Green v Bartram [1830] 4 C&P 308. If police are present, the bailiff is the person that police should arrest

 

If a police officer arrests a debtor after throwing a bailiff off the premises who had refused a request to leave, the officer is guilty of false arrest because no offence was committed and the bailiff was there illegally: Green v Bartram

[SJC2014]

I found this one CrappoMan presume this is instance to go ahead with regards the chargeback at my Bank Bailiffs-Pay-and-Reclaim

[josephbloggs]

A debtor can lawfully use reasonable force in removing a bailiff without a levy that has refused to leave, the bailiff resisting is the person guilty of a breach of the peace, Green v Bartram [1830] 4 C&P 308. If police are present, the bailiff is the person that police should arrest

 

If a police officer arrests a debtor after throwing a bailiff off the premises who had refused a request to leave, the officer is guilty of false arrest because no offence was committed and the bailiff was there illegally: Green v Bartram

 

You are quoting things that are used by freeman on the land type websites,

that have absolutely no bearing on todays society or laws.

 

 

these websites pick lines from cases and leave out important bits and make it up as they go along.

( for example they think its ok to commit assault by bottling a bailiff if they enter a property! - a load of rubbish)

Please be wary of these type of sites

 

I know you do not want to hear this, but in my view the enforcement agent has done nothing wrong.

 

I appreciate your frustration with the local authority however

- The bailiff company are in possession of a liabilty order, which the individual does not have to carry.

 

Unless they are told otherwise by the local authority as far as they are aware, the amount is correct.

 

He has gained peaceful entry to your property and you have done what you have done.

 

 

I have already outlined the potential laws in question to your actions.

You have paid the balance to clear the debt the EA has been to collect,

so therefore your argument is not with the company, it is with the council.

 

Regards to a chargeback,

unless the bailiff has taken a payment off your card without your authority

(snatched the card out of your hand for example)

then by giving them your card,

you have therefore authorised the payment.

 

 

Therefore you would have to lie to your bank in order to process the chargeback,

and when you were to write your reasons for the chargeback,

you could potentially perjure yourself by falsifying an affirmation to tell the truth concerning matters

in an official proceeding (in this case the execution or enforcement of a magistrate court liability order).

 

 

Please look into the four categories of chargebacks, the collection of a debt by a bailiff can not apply to chargebacks.

[SJC2014]

Also those blurting out Common assault please remember, the police will 99% side that of the bailiff due to civil matters, so with presence of a Uniformed Police Officer present at execution this will only increase the probability that the Order is followed through on a positive note for the bailiff.

 

It was a clear tactic exaggerated as such and used in order to coerce those with extreme authority i.e the Police to facilitate the issue to the bailiffs advantage, possibly unknown to police who look to resolve matters as always peacefully do not see that they are used a means to aid those that they may undertaking actions that at time are not as lawful as made out.

[SJC2014]

You are quoting things that are used by freeman on the land type websites, that have absolutely no bearing on todays society or laws. these websites pick lines from cases and leave out important bits and make it up as they go along. ( for example they think its ok to commit assault by bottling a bailiff if they enter a property! - a load of rubbish)

Please be wary of these type of sites

 

I know you do not want to hear this, but in my view the enforcement agent has done nothing wrong.

I appreciate your frustration with the local authority however - The bailiff company are in possession of a liabilty order, which the individual does not have to carry.

Unless they are told otherwise by the local authority as far as they are aware, the amount is correct.

He has gained peaceful entry to your property and you have done what you have done. I

have already outlined the potential laws in question to your actions.

You have paid the balance to clear the debt the EA has been to collect, so therefore your argument is not with the company, it is with the council.

Regards to a chargeback, unless the bailiff has taken a payment off your card without your authority (snatched the card out of your hand for example) then by giving them your card, you have therefore authorised the payment. Therefore you would have to lie to your bank in order to process the chargeback, and when you were to write your reasons for the chargeback, you could potentially perjure yourself by falsifying an affirmation to tell the truth concerning matters in an official proceeding (in this case the execution or enforcement of a magistrate court liability order). Please look into the four categories of chargebacks, the collection of a debt by a bailiff can not apply to chargebacks.

 

I understand what you are referring to with regards this Freeman rubbish, hence not knowing what true or just bull.

 

Though with regards to Local Authority, this hasn't been in their hands for some time. The local Authority haven't been dealing with this as such, the whole of our council with regards Council tax is Capita I was told and is managed via them, the excuse of him having incorrect info cant possibly be accurate as the firm managing the Council's C Tax Debt is the same company employing its own Bailiffs to enforce.

 

Though saying that I have proof that i had no option to pay the incorrect amount as told if I didn't a car not belonging to me will be towed and I cant prevent it or they will remove all my business assets, both of which are not allowed by law.

 

The Police told me I either let him take car or my Work Gear or I pay in full there were my only options.

 

Which ever option I chose I had to take the matter up with those when I could, i.e local authority and council visit in person on Monday morning.

 

To me duress means such as that. If police weren't there and hadn't of let him in and then told me the only 3 options I had, 2 of which were not lawful I wouldnt have been forced to pay there an then for a debt that i am not currently applicable for without risk of being arrested, as that action would of occurred if they had happened to set foot in my office, some items in there do not belong to me, they are owned by those whom I work for on contract basis regardless of receipts they would of seized goods they are not entitled to. As per Police "They are legally allowed to take whatever they want and we are here to prevent you from preventing them following out their duties"

Edited October 4, 2014 by SJC2014

[CrappoMan]

Please look into the four categories of chargebacks, the collection of a debt by a bailiff can not apply to chargebacks.

 

You mean: Authorization, Fraud, Cardholder Dispute, Processing Error.

 

The first 3 sound like they fit the bill.

 

He was coerced into paying, by a policeman (who may or may not have overstepped his authority) saying "give this man your card details or you will be arrested". That fits categories 1 & 3.

The bailiff was shown more recent evidence by the debtor, but continued pressing on using their 'old' paperwork, without checking with their client if circumstances had changed. That sounds like they didn't care whether what they were doing was right/legal or not. That could be argued to fit category 2.

[Hacked_Off]

You have stated you pushed him back to the door,i am afraid that is common assault

 

Occupiers liability 1984, he was trespassing therefore the op was within his rights to use "reasonable force".