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help with bailiffs please

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Comments

  • RAS
    RAS Posts: 35,778 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    DS4215 wrote: »
    They can quite probably clamp the cars and you would then have to prove that they were yours to have them freed. Better to park them away from her house until it is sorted.

    Garbage.

    If they try to levy on either car, then the OP can advise that s/he is the owner and the levy is invalidated.
    If you've have not made a mistake, you've made nothing
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    its not the housing benefit over payment the ccj is for its for rent arrears (and council tax arrears as she thought)

    So the CCJ is from her landlord (council housing provider) for not paying the rent.

    do you mean NOT council tax arrears ? (CCJ's are possible for council tax arrears but Ive yet to see a council who use a CCJ as there are better alternatives)
    Rephrase - why did she not fight this decision and find alternative proof of income?

    That's what I was wondering.

    someone has told her to make a payment direct to the councill on the internet then the bailiffs cant do anything because she is paying the debt off, if that true or just wishful thinking??

    Wishful thinking, the council will just advise the bailiff of a any payment received in the same way as the council advise the bailiff of payments received.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • dt3887
    dt3887 Posts: 275 Forumite
    My Mrs had bailiff action going through for council tax before, and she was led to believe that because he was working for tax he COULD obtain forceable entry...?
  • cozzierep
    cozzierep Posts: 39 Forumite
    RAS wrote: »
    Rephrase - why did she not fight this decision and find alternative proof of income?

    the only proof she has got now is from her tax return form but she didnt have that at the time, but now everyone is telling her that its too late she has got to pay it,
  • cozzierep
    cozzierep Posts: 39 Forumite
    RAS wrote: »
    Garbage.

    If they try to levy on either car, then the OP can advise that s/he is the owner and the levy is invalidated.

    what do you mean by that mate?? they CAN or CANT touch my cars even tho both in my name??

    thanks
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    My Mrs had bailiff action going through for council tax before, and she was led to believe that because he was working for tax he COULD obtain forceable entry...?

    Only to remove goods which have already been levied on.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
  • dt3887
    dt3887 Posts: 275 Forumite
    aah wish id known that when i was sorting it for her lol.
    in the end, i sendt them a statement of income and outgoings offering them £15 a month without a lump sum before hand, and they expected it. really helpfull company actually (Jacobs)
  • cozzierep
    cozzierep Posts: 39 Forumite
    CIS wrote: »
    So the CCJ is from her landlord (council housing provider) for not paying the rent.

    do you mean NOT council tax arrears ? (CCJ's are possible for council tax arrears but Ive yet to see a council who use a CCJ as there are better alternatives)

    yeah as far as she knows now they have sent the council tax straight to the bailiff and not the court, she attended court for her arrears as they wanted to put an eviction in place thru none payment of rent (and council tax as she thought) but turns out it was only for the rent arrears and not the council tax but she didnt know as didnt hear anything about it till the bailiff turned up,

    how does she deal with the bailiff while the arrears ect are being sorted out?

    thanks
  • cozzierep
    cozzierep Posts: 39 Forumite
    CIS wrote: »
    Only to remove goods which have already been levied on.

    levied on??? does that mean if they have been let into the property to note what is in the property?? so if we make sure they dont come in the property they cant do anything?

    thanks
  • CIS
    CIS Posts: 12,260 Forumite
    Part of the Furniture 10,000 Posts Name Dropper
    yeah as far as she knows now they have sent the council tax straight to the bailiff and not the court

    That can't be done . they need to have either obtained a Liability Order (the normal route of council tax recovery) or a CCJ (possible, but rarely done). Either was she would have been summonsed to court and notified again before a bailiff is used.

    Your not being given the full story.
    I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
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