Council Tax - Bailiffs

Grey's_Anatomyfan643 · 15 October 2017 at 1:59PM

Afternoon everyone,

I need urgent advice, I am currently in debt of £400 of my council tax and the debt is with enforcement Jacobs, I had a visit from the removal team and they said that I need to pay the all amount including they fees, I told them that I can't pay the full amount as I am only on a small wage and I asked them if I could set up a payment arrangement and the man I spoken to on the phone refused and he said that if I don't pay, they will visit my flat and take goods, I haven't let them in my flat and I believe they can't force entry with a council tax debt, I told him that I will wait till it gets back to the council so I can set up a payment plan, he said that the debt won't get back to the council and I could go to prison, just wondering is the man right that this council tax debt won't go back to the council or is he just saying that to me for a scare tactic to scare me and I will pay up?

Any advice would be brilliant, thank you!

DebtFreeDuo · 15 October 2017 at 2:08PM

I had something similar years ago, I managed to get the debt back to the council by giving my local MP a call, I was extremely emotional on the phone and in a complete panic but he really helped me and I paid it to the council afterwards. I think they can only do this with some cases and not all but it might be worth a shot? I'm sure someone with more knowledge will be along soon.

sourcrates · 15 October 2017 at 2:19PM

Strictly speaking, bailiffs are never allowed to force their way into your home, but there are some instances in which the “reasonable force” rule applies. This includes when they have been given a court order or when they have been granted peaceful entry by you on a previous occasion, but this still stops them from going to extremes such as pushing past you or breaking a window etc.

These agents will be acting under a liability order, so best advice is dont allow them in, and keep the doors Locked, they will visit 3 times, then pass the account back to the council.

They want full payment you see, they wont be interested in payment plans, best to contact the council in the morning as well.

Grey's_Anatomyfan643 · 15 October 2017 at 2:37PM

sourcrates wrote: »

Strictly speaking, bailiffs are never allowed to force their way into your home, but there are some instances in which the “reasonable force” rule applies. This includes when they have been given a court order or when they have been granted peaceful entry by you on a previous occasion, but this still stops them from going to extremes such as pushing past you or breaking a window etc.

These agents will be acting under a liability order, so best advice is dont allow them in, and keep the doors Locked, they will visit 3 times, then pass the account back to the council.

They want full payment you see, they wont be interested in payment plans, best to contact the council in the morning as well.

Thank you, so it seems he is lying to me?

sourcrates · 15 October 2017 at 3:12PM

Grey's_Anatomyfan643 wrote: »

Thank you, so it seems he is lying to me?

More than likely yes, you seem surprised at that, i would say its par for the course with a lot of bailiffs.

You must of seen these programs on the TV about how these bailiffs operate ?

There are only certain, criminal offenses, or repossession orders, that allow them to force entry to private property, they will say most anything in order to get full payment from you, in most cases, if you dont allow them access, theirs nothing they can do.

National_Debtline · 16 October 2017 at 4:57PM

Hi there,

Sadly, this sounds like an all too familiar scare tactic. Imprisonment for council tax is only possible if you are believed to be showing wilful refusal to pay or culpable neglect (deliberately ignoring the debt). And this is something that would be discussed at a hearing requested by the council - not the bailiffs. This is easy enough to avoid, and I would suggest cutting out any phone conversations with the bailiffs.

I would suggest writing or emailing the bailiff office, with your SOA and a clear offer of repay. Send the money even if they don't formally accept it - then the issues of ignoring the debt or refusing to pay have instantly gone away. You can make a complaint to the bailiff office about the way you have been spoken to and mislead.

You can also complain to the council about the actions of their bailiffs. Ask the council to take the debt back - which is at their discretion - and if they refuse you can take the matter to the Local Government and Social Care Ombudsman and your local MP.

In terms of entry, as long as they haven't been inside before, make sure your home is locked, do not let the bailiffs in and hide anything valuable outside to keep it safe from them.

Laura
@natdebtline

fatbelly · 16 October 2017 at 7:01PM

I have often found local councillors useful in putting pressure on the council. Find out who yours is from

https://www.Writetothem.com

Remind them of para 4.5 from

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/210478/Guidance_on_enforcement_of_CT_arrears.pdf

Local Authorities should remain prepared to deal directly with individuals at any point. It is perfectly within their gift to call action back from the bailiffs at any time and where there is a case to do so they should consider such action.

Council Tax - Bailiffs

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