Bailiffs visit for old lodgers ctax debt - no longer lives here!

[indistress]

Hi, don't even know if I've posted in the right group. Apologies if it's the wrong one.

 

I own my own property and have a lodger who comes and goes as he has a girlfriend so maybe see him twice a week.

Bailiff has visited today for him for an old council tax debt.

My question is can he still gain entry to my property. 

And how can I stop them from coming to my house.

[unclebulgaria67]

There are no rights to force entry.

 

You need to speak to your lodger and ask them to contact the council or bailiffs chasing this debt.  This debt won't got away and the sooner the lodger contacts them the better. 

 

If your lodger has been traced to your address, they will continue to hassle you, until the lodger makes contact with them.

[dx100uk]

no there is no right of forced entry on ctax debt

either ignore them totally or tell them to go away as he moved out xxx date.

 

nothing they can do.

 

if you really want to nail it shut

file a statutory declaration and send it to the council ctax unit.

 

 

[indistress]

My lodger contacted them and they demanded full payment to be made by 12pm tomorrow. Or they will come back out apparently.

 

He has spoken to Step Change and they have mentioned something about 60 days 

 

What is a statutory declaration?

Edited October 13, 2021 by dx100uk
unnecessary previous post quote removed

[unclebulgaria67]

The enforcement officers (bailffs) can attend an address where the debtor is believed to live, where the debtor may have goods that they can seize that can be sold at auction to cover the debt.

 

The statutory declaration is a sworn declaration that you can make at a local Solicitors saying the debtor does not reside at your address xxxxxxxxxxxxxx and there are no goods belonging to the debtor at your private address xxxxxxxxxx.  The Solcitiors will charge a small fee for doing this.

 

If the debtor does still occasionally live at your address and still has any belongings there, then obviously you cannot make a declation that is false.

 

If your lodger is having problems paying, they should contact the Council and complete a form with their financial information, providing copies of bank statements, plus any wage slips or self employment earnings information.    Even though the Council have passed to Enforcement, they are still responsible for looking into any financial hardship or welfare issues. Your lodger may be entitled to have a backdated Council Tax Benefit claim to be considered.

[dx100uk]

we ll they can come all they like , they cant do a thing

if you wish to engage with them do so go outside and lock you door behind you 

film them on your phone telling them you old lodger has not lived there since xyz date, if you have prof of end of tenancy all the better. they also cant do anything to cars that are not his so lookout your v5c if you wish.

99% of what bailiffs state with regard to ctax is all bluff and bluster too!!

who are the bailiff company not ruddy burstow and sutor is it (we call them busted and stupid)

 

a statutory declaration can be made by you at any County court for free, its simply a witness document that state nothing in the property is owned by the old tenant and is all yours. 

 

tell him stop wasting time going to the likes of step change or NDL etc , total waste of time.

he ideally needs to set up a payment arrangement with them, then get the relevant council on board

[comebackjimmy]

I once assisted a friend's mother by attending her house as Bailiffs were inside.

 

They were seeking payment for a debt of the grand daughter who had lived in a room upstairs.

 

These nasty barstewards were busy taking away items from the Grandmother's living room including a flat screen TV and other valuable furniture, clearly goods not owned by the grand daughter.

 

So yes defo do not let them in.  I believe that if they attend a couple of times and can't get anywhere they return the debt to the Council stating they are unable to enforce.  the council then has to take the next steps whatever they may be.

[Bailiff Advice]

On 13/10/2021 at 18:14, indistress said:

 

 

My question is can he still gain entry to my property. 

And how can I stop them from coming to my house.

As you have said in another post, the lodger does live at your property and you see him maybe twice a week. There is therefore no point at all in lying by saying that he has moved out. 

 

Yes, the bailiff may gain entry into your premises BUT can only so so by what is called 'peaceful' means. This usually means by gaining entry through an unlocked door or being invited in.  He is unable to legally force entry. 

 

IF, the bailiff is able to gain 'peaceful' entry, then he may remove goods BELONGING TO THE DEBTOR. The problem is, that he would want to establish which items actually belong to him. 

 

Almost certainly, he should engage with the bailiff. I am unsure what is meant by the reference of 60 days with Stepchange. I would expect that it refers to a period of time before they can assist him. 

[dx100uk]

On 13/10/2021 at 18:14, indistress said:

I own my own property and have a lodger who comes and goes as he has a girlfriend so maybe see him twice a week.

opps well spotted BA

 

dx

[indistress]

My lodger has spoken to stepchange and he has a 60 day breathing space.  So gives him time to pay the debt.

If bailiff is to return, he has to ring stepchange and all debt is cleared apparently.

[dx100uk]

Urm... 1st I've ever heard of that one from stepchange..

 

I'm not sure that's correct?

 

Is he saying SC contact ed the bailiff or the council on his behalf and arranged this 60 days?

 

Dx

[AndyOrch]

 

[Peterbard]

I had a similar problem.

It is upto your tennant to sort this. Does he have a mobile number, he really cannot permits bailifs to bang on your door for a debt you don't owe. Tough talk with him is required.

 

 

 

 

 

 

[misschic]

THATS ONLY IF ITS A HIGH COURT WRIT NOT LIKE THEYlL DO IT FOR COUCIAL TAX

[dx100uk]

Nope wrong.

 

Dx

[misschic]

i could be but witch part am i wrong on ? 

as them that knock on for tv licence arnt even bailiffs they dont have any powers even when they say im guna causion "anything you do can & will be used lol The warrants they contact police  INCASE THE PERSON KICKS OFF but its a dirty trick , 

 

RECORD IF YOU ANWER THE DOOR HIT RECORD

 

On 15/10/2021 at 09:43, Bailiff Advice said:

As you have said in another post, the lodger does live at your property and you see him maybe twice a week. There is therefore no point at all in lying by saying that he has moved out. 

 

Yes, the bailiff may gain entry into your premises BUT can only so so by what is called 'peaceful' means. This usually means by gaining entry through an unlocked door or being invited in.  He is unable to legally force entry. 

 

IF, the bailiff is able to gain 'peaceful' entry, then he may remove goods BELONGING TO THE DEBTOR. The problem is, that he would want to establish which items actually belong to him. 

 

Almost certainly, he should engage with the bailiff. I am unsure what is meant by the reference of 60 days with Stepchange. I would expect that it refers to a period of time before they can assist him. 

Sorry can i ask if you no the company name or wot the 'Alleged' debt is for ? 

[dx100uk]

please use english not text speak.

 

dx

[misschic]

STEPCHARGE wots that if you no iv herd of a charge that goes to the victims it made no sence to me lol

 

On 24/10/2021 at 10:25, misschic said:

THATS ONLY IF ITS A HIGH COURT FRIT NOT LIKE THEYL DO IT FOR COUCIAL TAX

Check on Gov.uk/ 

alot of help advice so they say , or if its a C.Tax theres some ways on first choice about debt paying or cant i can give the link if would help , But its only the high court rits its whos name on it

[dx100uk]

why are you answering your own questions you asked months ago now??

you are talking to yourself??

[misschic]

@comebackjimmy If its  council tax owed if he earned a so/so pay or doesn't work , No longer in the property dwp wont pay same with rent if claims benefit at the time , Also worth looking as councils / data protection act would stop some bailiffs asking 

[Homer67]

On 23/12/2021 at 12:27, misschic said:

@comebackjimmy If its  council tax owed if he earned a so/so pay or doesn't work , No longer in the property dwp wont pay same with rent if claims benefit at the time , Also worth looking as councils / data protection act would stop some bailiffs asking 

Nonsense.

[dx100uk]

[stu007]

@ misschic

 

Can you please stop interfering in the OPs thread.