If council apply for a liability order,

sistafromanothermista

does this mean it's definatley been passed to the bailiffs? (non payment of c-tax)

Thanks.:D

sistafromanothermista

Also, she doesn't actually know how much the liability order is for although she does have a court summons with a breakdown on. I've read though that this will be excluding bailiffs fees/court charges is that right?
Any thoughts appreciated...

DVardysShadow

If the council APPLY for a liability order, it goes to court and not to the bailiffs.

If the council OBTAIN a liability order, then sure enough it will go to the bailiffs in due course if it is not settled.

sistafromanothermista

DVardysShadow wrote: »

If the council APPLY for a liability order, it goes to court and not to the bailiffs.

If the council OBTAIN a liability order, then sure enough it will go to the bailiffs in due course if it is not settled.

Hi, well she had a court summons in early march with a court date for a liability order (7/3) she hasn't heard anything since (nor has she paid anything) so we were wondering how long until she hears if has gone to the bailiffs? all we know at this stage is the council applied for this liability order beg of march.....

HappyMJ

sistafromanothermista wrote: »

Hi, well she had a court summons in early march with a court date for a liability order (7/3) she hasn't heard anything since (nor has she paid anything) so we were wondering how long until she hears if has gone to the bailiffs? all we know at this stage is the council applied for this liability order beg of march.....

They will send it to bailiffs if no payment arrangement has been made with council. You can ignore the bailiffs if you want and the debt will return to the council for further enforcement.

sistafromanothermista

HappyMJ wrote: »

They will send it to bailiffs if no payment arrangement has been made with council. You can ignore the bailiffs if you want and the debt will return to the council for further enforcement.

Do you know the timescale roughly? as it went to court beg March and she's heard nothing since.
Thing is she has a meeting with a solicitor on 12th to discuss this and overpayment of HB issues. TBH she's a nightmare as she's causing herself so much stress by not dealing with the issues.

HappyMJ

sistafromanothermista wrote: »

Do you know the timescale roughly? as it went to court beg March and she's heard nothing since.
Thing is she has a meeting with a solicitor on 12th to discuss this and overpayment of HB issues. TBH she's a nightmare as she's causing herself so much stress by not dealing with the issues.

Usually 3 months or so. Some councils are quicker and some are slower.

sistafromanothermista

Thanks for that you've been a great help. I will tell her to keep her eye out and NOT OPEN THE DOOR!!

hallowitch

she should have received a letter from the council informing her that a liability order has been granted
http://www.legislation.gov.uk/uksi/1998/295/regulation/7/made
Information preliminary to distress


7.—(1) In regulation 45(1) (distress)(1), for the words from “the authority” to “may” there is substituted “the authority which applied for the order may, subject to regulation 45A,”.

(2) After regulation 45 there is inserted—

“Information preliminary to distress


45A.—(1) No distress shall be made under these regulations unless, no less than 14 days before a visit in connection with the distress is first made to the premises where it is to be levied, the authority have sent to the debtor written notice of the matters specified in paragraph (2) below.

(2) The matters are—

(a)the fact that a liability order has been made against the debtor;

(b)the amount in respect of which the liability order was made and, where this is a different amount, the amount which remains outstanding;

(c)a warning that unless the amount specified has been paid before the expiry of 14 days beginning on the date of the sending of the notice, distress may be levied;

(d)notice that if distress is levied further costs will be incurred by the debtor;

(e)the fees prescribed in Schedule 5 to these Regulations;

(f)the address and telephone number at which the debtor can communicate with the authority.”