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Council Tax Debt Paid but Bailiffs turned up!

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  • hallowitch
    hallowitch Posts: 1,286 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    I would say that the act is worded in such a way that it does not really envisage that the address of the debtor and the address where the levy is to be made are any different.

    agree with that

    but then again the bailiff can only levy goods belonging to the debtor and i don't think many debtors leave there goods at there previous address
    I am not an expert I am self taught i have no legal training any information I post is based on my own personal experience and information gained from other web sites


    If you are in any doubt please seek legal/expert advice help
  • I would say that the act is worded in such a way that it does not really envisage that the address of the debtor and the address where the levy is to be made are any different.

    It defies either common sense or even decency to send a notice to any other address that the one where the levy is to be made. The notice is plainly intended to give the [alleged] debtor a chance to pay up and resolve the matter.

    Absolutely. I intepret the act as giving emphasis to this common-sense approach while allowing for edge cases where this isn't possible for whatever reason.

    I know that National Non-Domestic rates are not exactly the same as council tax but back in the day I enforced several NNDR debts where the council had to serve notice to address #1 about a liability at address #2 then directed me to address #3 to enforce payment of the debt. One of these was disputed by the (very very large) supermarket chain concerned and was found to be ok by the legal bigwigs.
    Now I could imagine that if the bailiff company were left to do the notice, they would send the notice elsewhere, to gain the advantage of surprise and to open the gateway to fees.

    Absolutely. It astonished and concerned me when I started helping people here to find out that some councils involved the bailiff company in any part of the debt collection process other than the bailiff action itself; there's already a conflict of interest there so what's one more I suppose :-( .
    If you don't stand for something, you'll fall for anything
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