If a bailiff sees something from your window

happycamel_2

By the way, is there anyway you could pay the debt? I mean if you can afford a painter can you really not afford the tax? Rather than have the bailiff force the issue do you have things you can sell to pay the debt? For example, sell the expensive telly and get an old CRT one from freecycle.

Jerryjerryjerry

Does anybody know if the bailiff can break the door down now that he "says" he's been in the house.

I'm totally up in the air now.

I don't know for 100% certain that he hasn't been in, because the painter is still swearing blind that the bailiff didn't put one foot in the house!

Jerryjerryjerry

Do many people know of anybody who has had their door smashed down by bailiffs while they're out at work?

Jerryjerryjerry

The bailiff has just left a text on my husband's phone saying: Your wife has just made matters a lot worse. As soon as I find out from DVLA that your car is owned by you, I am going to clamp it.

hallowitch

your bailiff is a bully keep that text

can you/husband record calls on there mobile
can you record on your house phone


what is the amount of the liability order
approx value of car

Jerryjerryjerry

hallowitch wrote: »

your bailiff is a bully keep that text

can you/husband record calls on there mobile
can you record on your house phone


what is the amount of the liability order
approx value of car

Hi. The liability order is £1,400. And the car is worth approx £5k.

We don't have a record facility on the house phone. Nor my phone. Will check with husband's phone.

Halowitch? can/would he break into my house now?

hallowitch

Halowitch? can/would he break into my house now?

no he cant

if he was going to remove goods he would have to give to the date and time of removal in writing

and i don't mean leaving a note saying i will be round on the xxx to remove your goods

I think there may be 2 liability order as £1,400. is a lot for 1 years council tax
http://www.publiclawproject.org.uk/downloads/CodePracCTaxUpd.pdf
Page 5
AMENDMENTS TO TEXT
There have been changes wrought by case law and also by amendments to the
Distress for rent Rules 1988 and Council Tax (Administration & Enforcement)
Regulations 1993 as follows.
p5 Forcing re-entry
The law upon the rights of bailiffs to force re-entry to premises in order to remove
goods previously seized has recently been clarified. In Khazanchi v Faircharm
Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that
bailiffs may only force re-entry where they are being deliberately excluded from
premises. It will thus be necessary in most cases for the bailiff to notify the debtor in
advance of the date and time of the visit in order to remove. If the debtor is then
absent from home, or refuses entry, force may be employed.

Tixy

Just wondering - is there a chance the painter had left the door open (for ventilation of the paint fumes) and that the bailiff has gone in and had a look round downstairs without the painter knowing?

Jerryjerryjerry

Tixy wrote: »

Just wondering - is there a chance the painter had left the door open (for ventilation of the paint fumes) and that the bailiff has gone in and had a look round downstairs without the painter knowing?

I suppose its a possibility. Without me having been there, I can't 100% be sure.

Jerryjerryjerry

hallowitch wrote: »

Halowitch? can/would he break into my house now?

no he cant

if he was going to remove goods he would have to give to the date and time of removal in writing

and i don't mean leaving a note saying i will be round on the xxx to remove your goods

I think there may be 2 liability order as £1,400. is a lot for 1 years council tax
http://www.publiclawproject.org.uk/downloads/CodePracCTaxUpd.pdf
Page 5
AMENDMENTS TO TEXT
There have been changes wrought by case law and also by amendments to the
Distress for rent Rules 1988 and Council Tax (Administration & Enforcement)
Regulations 1993 as follows.
p5 Forcing re-entry
The law upon the rights of bailiffs to force re-entry to premises in order to remove
goods previously seized has recently been clarified. In Khazanchi v Faircharm
Investments; McLeod v Butterwick [1998] 2 All ER 901 the Court of Appeal held that
bailiffs may only force re-entry where they are being deliberately excluded from
premises. It will thus be necessary in most cases for the bailiff to notify the debtor in
advance of the date and time of the visit in order to remove. If the debtor is then
absent from home, or refuses entry, force may be employed.

Thank you for this. At least I have some breathing space.

In the meantime, I phoned, in desperation, the Bailiff Advice Online on 0906-802-0273. They have given me some excellent advice.

As our house has not been inhabitable since the day we moved in, (even now, its just getting the finishing touches, ie. paint, then carpet, and then we are done). We've had so much work done. That they think we might be eligable to be excempt from council tax for up to 12 months from purchase date, regardess of whether work is completed or not.

I need to ring the council and tell them that from the date I bought the house until very recently, we didn't live there. The house was inhabitable due to the extensive work required. I can provide builders statments, and carrier bags and bags of receipts. We had no central heating. We had a back boiler taken out. We have had roofs leaking.

I need to explain that we've only just moved in a few bits and pieces and we are just moving in.. therefore making us excempt.

The house has got floorboards and dust and they are broken. You can see the mud through the boards. I will let you know how I get on later, as I've already tried ringing council.

I got: I'm sorry, you are going to have to have a letter infront of you from council tax, as there are questions I need to ask you for security that you will not be able to answer unless you have a letter in front of you etc. So, i will go home, find a letter and then ring again.

I can't believe BCC employ Capita (back office staff) who Equita Bailiffs OWN! This is wrong!

Also... you have to be careful which options you choose on the automated, when ringing BCC, because press 4, and they put you straight through to Equita Bailiffs!