Can bailiff visit Ltd Co premises for pers CTAX arrears?

[Leakie]

I agree with BA

post 24 Bankruptcy is something the council can use.

and as stated the limit before proceedings can be taken, is now £5000,

I think it was £700 before.

 

With regards to the Bailiff threatening Bankruptcy this quite a common threat along with Committal to prison,

It is not up to the EA if this happens.

[Peterbard]

Bankruptcy is one of the steps that the local authority can take with council tax arrears. However, given the increase in bankruptcy levels, the debt needs to be over £5,000.

 

Yes but not by a bailff using schedule 12 procedure.

 

It would be another enforcment path. An ea using sched 12 would not return the order after the seven day notice was sent.

[Peterbard]

I agree with BA

post 24 Bankruptcy is something the council can use.

and as stated the limit before proceedings can be taken, is now £5000,

I think it was £700 before.

 

With regards to the Bailiff threatening Bankruptcy this quite a common threat along with Committal to prison,

It is not up to the EA if this happens.

 

Yes I agree they promise anything, not so often in writing though

[Coughdrop]

This confirms they do use threatening behaviours to coerce payment as mentioned previously, though as DB rightly states, it is not so often they put this in writing.

 

The OP has been asked quite a few questions now, and appears to post very late at night, so perhaps it is best to wait until they return again to see what they say.

[whitsend]

Hi

 

First of all this is definately for council tax arrears, not business rates, my premises is exempt.

 

I have contacted the council this morning, and they say that this enforcement went out to another company August 2015!!!!!!!!!!!!!!!!!!. However they sent it back to the council last month saying they could not contact me. How is this possible I have had cars parked outside my house, I have been living in the house, but have heard nothing at all from any bailiff company before. Wouldn't they have taken my cars? Anyway they then instructed Dukes to make an attempt at my place of work. They admit the business address error, but don't know why it happened.

 

As my business has really suffered over the last 2 years, and I nearly got evicted, I did apply for help with my council tax in November last year, but they made is so difficult, because I was self employed that I gave up eventually. Don't know whether this has any bearing on anything.

 

The exact wording of the letter is this

 

Final Notice: Council Tax Arrears

 

An Enforcement Agent (bailiff) has visited you home again today.

Your possessions are now at risk of being REMOVED.

 

Despite numver attempts to contact you we have still not received satisfactory response about you Council Tax Arrears

 

An Enforcement Agent (bailiff) has visited you home again today to take control of your goods and remove them for sale.

 

If you debt is not settled within 7 days of the date above, we will return your case with one of the following recommendations

 

Attachment of Earnings - taking the funds from you at source

Bankrupcy - this will affect your credit rating

Charging order on your property - your could be forced to sell you home

Commital - you could go to prison

 

FAILURE TO CONTACT US WILL BE TAKEN AS YOUR REFUSAL TO PAY.

 

At the top of the letter is the Dukes Refence, then Client Reference where it says Balance Due Today it is blank and where it says date is left blank.

 

There is 2 copies of this letter in the envelope, both exactly the same exept for one has my home address writen across it in pen.

[whitsend]

If as it says on their letter, they visited my home why did they not post the letter there.

[Peterbard]

Hi

 

First of all this is definately for council tax arrears, not business rates, my premises is exempt.

 

I have contacted the council this morning, and they say that this enforcement went out to another company August 2015!!!!!!!!!!!!!!!!!!. However they sent it back to the council last month saying they could not contact me. How is this possible I have had cars parked outside my house, I have been living in the house, but have heard nothing at all from any bailiff company before. Wouldn't they have taken my cars? Anyway they then instructed Dukes to make an attempt at my place of work. They admit the business address error, but don't know why it happened.

 

As my business has really suffered over the last 2 years, and I nearly got evicted, I did apply for help with my council tax in November last year, but they made is so difficult, because I was self employed that I gave up eventually. Don't know whether this has any bearing on anything.

 

The exact wording of the letter is this

 

Final Notice: Council Tax Arrears

 

An Enforcement Agent (bailiff) has visited you home again today.

Your possessions are now at risk of being REMOVED.

 

Despite numver attempts to contact you we have still not received satisfactory response about you Council Tax Arrears

 

An Enforcement Agent (bailiff) has visited you home again today to take control of your goods and remove them for sale.

 

If you debt is not settled within 7 days of the date above, we will return your case with one of the following recommendations

 

Attachment of Earnings - taking the funds from you at source

Bankrupcy - this will affect your credit rating

Charging order on your property - your could be forced to sell you home

Commital - you could go to prison

 

FAILURE TO CONTACT US WILL BE TAKEN AS YOUR REFUSAL TO PAY.

 

At the top of the letter is the Dukes Refence, then Client Reference where it says Balance Due Today it is blank and where it says date is left blank.

 

There is 2 copies of this letter in the envelope, both exactly the same exept for one has my home address writen across it in pen.

 

 

Is the house owned or rented ?

 

Is the ammount owed over £5000 ?

 

Do they no know your home address ? If you suspect they do you must remove all vehicles from in front of your house or on your drive away from the house or park on a neighbors drive.

 

Do you know what the judgment sum was on this debt ? The bill you have should contain fees which will drop off if the order goes back.

[Peterbard]

If as it says on their letter, they visited my home why did they not post the letter there.

 

Perhaps they have the wrong home address ?

 

You need to tell them and the council that you have received no notices either from drakes (or the previous bailiff ?)

 

That in itself should stop the enforcment. The notices are required before any enforcement action.

[Bailiff Advice]

Hi

 

First of all this is definately for council tax arrears, not business rates, my premises is exempt.

 

I have contacted the council this morning, and they say that this enforcement went out to another company August 2015!!!!!!!!!!!!!!!!!!. However they sent it back to the council last month saying they could not contact me. How is this possible I have had cars parked outside my house, I have been living in the house, but have heard nothing at all from any bailiff company before. Wouldn't they have taken my cars?

 

Anyway they then instructed Dukes to make an attempt at my place of work. They admit the business address error, but don't know why it happened.

 

By coincidence, I have been assisting a couple today who thought that the enforcement company would have returned their debt back to the council by now so that they could pay the council tax direct to the council and therby evoid paying bailiff fees. The enforcement company have done no such thing and enforcment is continuing six months later !!! In light of other similar enquiries, I will be amending previous advice and will be telling debtors that an account would very likely not be returned to the council for approx 4-6 months.

 

You have also highlighted another area that has been debated on here. When an enforcement company return an account they do not write to the debtor !!

 

Is the council tax debt in relation to your current address? If not, this could explain the absence of previous correspondence.

 

What is your employment status (ie: self employed or employed)?

 

How much is the amount that Dukes are seeking from you?

 

PS: OOPS...I was typing without realising that another poster has asked some similar questions.

[Peterbard]

Sorry couldn't amend the above. I meant perhaps they had the wrong home address.

[Peterbard]

B

 

PS: OOPS...I was typing without realising that another poster has asked some similar questions.

 

Its OK the grammar is better in yours.

[whitsend]

Is the house owned or rented ?

 

Is the ammount owed over £5000 ?

 

Do they no know your home address ? If you suspect they do you must remove all vehicles from in front of your house or on your drive away from the house or park on a neighbors drive.

 

Do you know what the judgment sum was on this debt ? The bill you have should contain fees which will drop off if the order goes back.

 

House is owned, definately not over £5000. Yes they know my home address it was on one of the letters. One car is an old van, they can take that if they want, I can't get rid of it. The other car is one I use for business which is only worth about £900, so they can't take that as it is esscential to the running of my business. But I can park it elsewhere. The council lady did a lot of uming and erring, when I asked. She was not sure whether this years would be added on as once you become behind the whole year becomes due, so if one year £1200 if two Years £2400. The amount owed on the letter was left blank as was the date.

[whitsend]

Sorry couldn't amend the above. I meant perhaps they had the wrong home address.

 

My home address was added in pen to one of the copies of the letters, but perhaps the previous bailiffs had the wrong address.

[whitsend]

By coincidence, I have been assisting a couple today who thought that the enforcement company would have returned their debt back to the council by now so that they could pay the council tax direct to the council and therby evoid paying bailiff fees. The enforcement company have done no such thing and enforcment is continuing six months later !!! In light of other similar enquiries, I will be amending previous advice and will be telling debtors that an account would very likely not be returned to the council for approx 4-6 months.

 

You have also highlighted another area that has been debated on here. When an enforcement company return an account they do not write to the debtor !!

 

Is the council tax debt in relation to your current address? If not, this could explain the absence of previous correspondence.

 

What is your employment status (ie: self employed or employed)?

 

How much is the amount that Dukes are seeking from you?

 

PS: OOPS...I was typing without realising that another poster has asked some similar questions.

 

I am self employed, and the council tax is for this address.

[whitsend]

Dukes have not stated the amount, it is the council who says it could be 2400 if they decide to add on all of this years.

[whitsend]

The lady on the council was not in the least bothered about sending them to the wrong business address, and although they admitted this, she said it was not a preach of data protection in any way. When I said that the bailiff had walked around asked if anyone knew me and that they had given detials out over the phone to the company they sent the letter to in error. Her response was well they managed to contact you, and that is what we pay them for.

[whitsend]

The council also refused to take back the debt at this point. I was told that if I phoned back early next week, I could speak to someone more senior.

[Bailiff Advice]

Dukes have not stated the amount, it is the council who says it could be 2400 if they decide to add on all of this years.

 

As you are self employed (and therefore not on a employers payroll), an attachment of earnings cannot be applied.

 

The council may only add this year's (2016/17) debt if they have been granted a Liability Order.

 

Very few Liability Orders have been granted by the courts for arrears of this year's council tax (2016/17). Have you received a summons yet?

[Leakie]

Hi BA

 

By coincidence, I have been assisting a couple today who thought that the enforcement company would have returned their debt back to the council by now so that they could pay the council tax direct to the council and therby evoid paying bailiff fees. The enforcement company have done no such thing and enforcment is continuing six months later !!! In light of other similar enquiries, I will be amending previous advice and will be telling debtors that an account would very likely not be returned to the council for approx 4-6 months.

 

Well you may have to alter the time scale a bit more, As I have been with Newlyns since the beginning,of September, But have only had 1 visit at 5am, and a lot of threatening letters.

 

Sorry for the off topic post

 

Leakie

[Peterbard]

Yes indeed. A charge on the house may be an option for them, if they have a liability order, the procedure is that they apply to the county court who will issue and interim order and give a date for a hearing to make it permanent. That would depend on what equity was on the proerty and what other charges you may have.

 

The exemption applies to tools or vehicles which, if they were absent would remove the debtors ability to perform his work.

 

This will not be just to take you to work.

 

The other option for them is to issue a warrant for committal, this initially will require you to attend the magistrates court and explain why you have not made a repayment on the debt.

[whitsend]

I will speak to the council again next week. When the more senior person comes off her holiday.

 

In the mean time are Dukes likely to call at my workplace again, or will it just go back to the council after 7 days as per the letter.

[Peterbard]

I will speak to the council again next week. When the more senior person comes off her holiday.

 

In the mean time are Dukes likely to call at my workplace again, or will it just go back to the council after 7 days as per the letter.

 

I should think it will be a distinct possibility they will call at your home, usual procedure lock doors and keep cars and anything valuable outside under lock and key. unlikely they will call at your work.

 

After seven days if it goes back, and is closed, they cannot call.

[Peterbard]

Just a thought, but if you drive your car to work, do not park it on a road where they may spot it..

[ploddertom]

Dukes have not stated the amount, it is the council who says it could be 2400 if they decide to add on all of this years.

 

To add this years you would have had to have defaulted on payment and they obtain another Liability Order against you.

[ploddertom]

In your shoes I would be making complaints as the Council do not appear to have a clue what they are talking about. At best Dukes are being evasive as they will have been instructed by the Council to collect £XXX. Have you thought about contacting your local Councillor(s) - do it over the weekend and they can attack this for you first thing Monday morning - best initial contact is by phone.