Can a Bailiff enter my home?

jazzeybabes89

Hi,

My partner currently has a debt to our local council in respect of council tax and this has now been passed to Bailiffs Bristow & Sutor. He is happy to make an arrangement to pay, however they are not satisfied with the amount offered and the amount they request each week he cannot afford.

My question is can they enter my home? The property is mine solely but my partner lives here. The majority of things of value are mine, but I may have difficulty proving this for items which were purchased a long time ago i.e. stereo. Can they take this if I don't have the receipt even though it IS mine?

Also my partner has applied for backdated Housing and Council Tax benefit which we have been informed should be granted. This is currently being calculated. In the meantime I have requested that Bristow & Sutor place the account on hold until we have the revised figures and can then set up an agreement for the correct amount. This has been refused and we have been told the Bailiff action will commence unless payment is received within 6 days. Any advice on this?

Thanks

Alter_ego

Don't let them in!!

Esqui

I'd suspect they'd need a court order to let them into your home. And the likelihood of that?

jazzeybabes89

Thanks Alter Ego and Esqui, I wasn't planning on letting them in at all anyway but I just wondered whether they even had the right to if it's not his home?

Also the council have been awarded a liability order but nothing else at this stage. I've just phoned both Bailiff and the council but until benefit is applied nothing can be done

hallowitch

bailiffs collecting council tax can only enter a persons property by peaceful means

this being through an unlocked door (closed bur not locked) open window or by invitation

the is no law saying you have to let the bailiff in regardless of what he threatens (police, locksmith, ECT)

If you are worried about your goods the best thing to do is go to a solicitor and ask for a statutory declaration this will cost you approx £5/10 (will post template if you want one i when i find it)

If your partner has a car in his name (not on HP or finance) i suggest he transfers it to you before the levy it

if you keep the bailiffs out and no levy is made against his goods the most he will incur in bailiffs fee is £42.50

this being £24.50 1st visit with a view to levy distress (where no levy is made)
£18 2nd visit with a view to levy distress (where no levy is made )

no further fees can be charged unless they levy goods belonging to the debtor

If he has his council tax account details she can start making payments to the council using there on-line payment facility

fluffnutter

Check this out, jazzey. TBH, I think your best bet is not to let them in

http://www.adviceguide.org.uk/index/your_money/money_management_index_ew/action_your_creditor_can_take_index_ew/bailiffs_index_ew/what_happens_if_the_bailiffs_get_in.htm#what_things_can_the_bailiffs_take

CIS

Also the council have been awarded a liability order but nothing else at this stage.

Nothing else is needed before a bailiff can be instructed.

usualsusp

If a payment is made to clear JUST the outstanding council tax,where do you stand on the outstanding Bailif Court fees?

wealdroam

usualsusp wrote: »

If a payment is made to clear JUST the outstanding council tax,where do you stand on the outstanding Bailif Court fees?

This is unrelated to earlier posts on this old thread.

Please start a new thread.

Just to add: you still owe the fees.

Flyboy152

What a flipping waste of the five minutes I will never get back. :mad:

hallowitch

usualsusp wrote: »

If a payment is made to clear JUST the outstanding council tax,where do you stand on the outstanding Bailiff Court fees?

it might be wise to start your own thread
http://forums.moneysavingexpert.com/newthread.php?do=newthread&f=76
the local authority court fees are usually added to the liability order

if the bailiff attended your home before the liability was paid then you will have legitimate bailiff fees to pay

bailiff fees should taken first from any amount paid regardless of who you pay therefore this leave a balance outstanding against the liability order not the bailiffs fees

it would depend what action the bailiff had taken to tell you the fees you should pay