Council tax - bailiff's want to seize goods

orlwaysbroke

Hi,

This might not be the right forum - if its not, then I apologise...

My council tax arrears for last year - 09/10 - had nearly been paid off. We'd fallen behind, the bailiffs have been round previously and had "seized" our goods, and we missed the last payment (cheque bounced). Have just paid this evening on debit card, so last year has now been completed.

In the meantime, because of paying last years council tax, we fell behind with current year, and now the same bailiff company owns our debt for 10/11 council tax as a result of magistrate court action.

We have just had a letter stating that we owe £2161 (last bit of last years - now paid - and all of this years), and that they will be calling to collect goods for auction.

My question is "simple" - if the goods were seized in relation to a court order for 09/10 council tax, then surely they can't use this seizure to sell goods if that year's debt has been resolved ... or am I wrong.

Any help gratefully received - and apologies again if it's in the wrong place.

CIS

There has to have been a Liability Order granted with regards to the 2010/11 year (current year) before a bailiff can be instructed for this amount.

Once the Liability Order has been granted then the bailiff needs a valid levy on those goods. A levy with respect to last years goods would not, as far as I was advised in my last training course, be valid against a seperate Liability Order - e.g this years.

orlwaysbroke

Thanks CIS!

One last thing - as a result of 09/10 liability order, my OH let the bailiff in to list our stuff, and I'm sure that means they don't need permission to enter to physically seize the goods and that obstructing them would be unlawful.

BUT if they are acting upon this year's liability order are they allowed access - or can I lawfully refuse entry .

CIS

One last thing - as a result of 09/10 liability order, my OH let the bailiff in to list our stuff, and I'm sure that means they don't need permission to enter to physically seize the goods and that obstructing them would be unlawful.

The access was only with regards to last years Liability Order and they can only re-enter the property against your will if they also have a levy for this years Liability Orer..

orlwaysbroke

Once again - many thanks.

I was just seeking confirmation so that I can call them tomorrow to sort an arrangement on a level playing field, and get them paid ASAP.
Just means thay can't try it on too much.

Cheers for your comments , they have given me much reassurance.