Council Tax & Bailiffs

kiddo1982

I recently received a letter from bailiffs who had attended my flat for collection of unpaid council tax. I owe £360 but have not had any contact with this bailiff. They wrote on the letter that they will be back this week and will take my property even if im not in and they say they can do this due to the liability order they have. Is this true? Can they enter without me being here? I have tried to contact the bailiff but he is not answering. I dont want to come home tomorrow and my stuff has gone!!

McKneff

They cannot break into your house, rest assured. I dont know much about bailifs but i do know that much.

Have they already been and made a list of your possessions. Stop worrying,
Someone will be along soon to give you more informed advice than me, just wait a while, go and make a coffee.

kiddo1982

No they have not made a list, I think this is the first time they have been to my flat.

McKneff

i can only pass on a little information that i have learned from these boards
but if they come while you are in dont let them in. Talk to them through the closed window if you must. Keep all windows shut also.

I am surprised no one who has more knowledge than me hasnt been along to help yet, but they will,

kiddo1982

ok thanks for your help so far

rugbymum

Hi Sweetie
Herbie21 is your Baliff expert on the site. I'm trying to remember where the link is to Herbie's site.
A Baliff CANNOT enter your home, unless you have let them in before and they have made a list of goods.
Hang on.............

rugbymum

Found the link

www.bailiffadviceonline.co.uk

There is a huge amount of information on there, and will give you all the info on what they can & can't do.
In the meantime keep your doors & windows shut & any cars parked away from the house (around the corner etc.)

Ally_84

A council can take action from you following the granting of a Liability Order. There are very few defences to the granting of this order and you dont have to be there for it to happen. The main defence is that the tax hasnt been set correctly which will never happen... others are that you've not been notified, but in this case the council only have to prove they've requested to send you letters - there's no proof about receipt or delivery time.

If your local Council have had a Liability Order granted against you then they do have permission to remove your goods, however they have to write an inventory of things they are going to take. For example, they will come on the 8th of the month and write an inventory stating that unless the debt is paid, or repayment is a agreed in the next 7 days they will take your tele/computer/car etc. If in 7 days you havent agreed repayment or paid in full, the bailiff is allowed to come and take your goods... they will never break into your house, but if your car is on the street and that is included in the inventory they can take it.

If you do none of the above and the bailiffs dont contact you then they can post a 'Notice of Intended Committal' through your door. This means your council can apply to the courts to commit you to prison for a maximum of 90 days. The council's case will be based on your lack of contact and/or your refusal to pay. They may carry out a full assessment of your finances and force you to repay a fixed amount to be reviewed in say 3 months. Equally, they may demand you are committed to prison for non payment... this does get your debt written off but will mean you have a criminal record.

At this stage, the choice is yours... however i would advise you to contact your council, ask to make an arrangement, ask for an 'Income and Expenditure form' and possibly exaggerate your rent and other outgoings, and offer a monthly/weekly repayment to suit you... but please bear in mind if you dont keep up with any arrangement, they can attach to your earnings, which means a percentage of your wages is taken each month or £3.05 of income support/jsa/pension credit is taken each week, or they can thow you straight back into court to send you to prison at a cost of at least £90.00 on top of the debt.

Its your choice, but if i had any say in the matter i would say... "contact your council and repay the debt"...Its not what you want to hear, but its the best option, and the cheapest in the long run.... think about it, £20 a week in a council office, £40 a week out of your wages, a bailiff taking your pc and tele or a criminal record for life (Just examples but you see the point)

Good luck - and yes, i am a senior officer in a council tax department so if you need any more info please just ask xxx

McKneff

Hope it helps, but please, if you can afford the debt, please pay it.
Every time the baliffs come, there is more added on to the bill so the earlier yu can pay it the better, it will never go away no matter how much you ignore it. If the bailiffs end up taking your goods away worht say £1,000 they will get only maybe £100 at auction and you are still liable for the rest of the debt, so, like i say, pay it if at all possible. Better you selling something to mates for £50 than the auction house selling at £10

fatbelly

Ally_84 wrote: »

If your local Council have had a Liability Order granted against you then they do have permission to remove your goods, however they have to write an inventory of things they are going to take. For example, they will come on the 8th of the month and write an inventory stating that unless the debt is paid, or repayment is a agreed in the next 7 days they will take your tele/computer/car etc. If in 7 days you havent agreed repayment or paid in full, the bailiff is allowed to come and take your goods... they will never break into your house, but if your car is on the street and that is included in the inventory they can take it.

So the important point here is that the bailiff cannot force entry unless he has been given peaceable entry previously. Don't let him in!

And in the op's case it would appear that the bailiff has misrepresented the law.

Ally_84 wrote: »

If you do none of the above and the bailiffs dont contact you then they can post a 'Notice of Intended Committal' through your door. This means your council can apply to the courts to commit you to prison for a maximum of 90 days. The council's case will be based on your lack of contact and/or your refusal to pay. They may carry out a full assessment of your finances and force you to repay a fixed amount to be reviewed in say 3 months. Equally, they may demand you are committed to prison for non payment... this does get your debt written off but will mean you have a criminal record..

Committal only occurs where there has been 'wilful refusal' or 'culpable neglect'. So the important point here is to pay what you can (to the council).

Ally_84 wrote: »

Good luck - and yes, i am a senior officer in a council tax department so if you need any more info please just ask xxx

We're honoured to have you on board!

tallyhoh

Thank you Ally, I have worked in Council Tax recovery but have been out for 4 years. I think a lot of people would appreciate you staying around.