Council Tax - High Court Enforcement Officer

MrNiceGuy_007

Can a High Court Enforcement Officer force enter into my home, the dept is for council tax.
I have made offer to replay monthly but have been told the offer is too small, however this is all we can afford, all our other creditors have accepted.
Below is the letter he left.....

RAS

Marstons are HCEO and bailiffs.

Council Tax debt is dealt with by normal bailiffs and they cannot force entry to your home.

They can walk in through an unlocked door or climb in an unopened window. They can also levy on any car you have outside.

As long as they do not levy by getting in the house or on car or similiar the highest legally valid fee they can charge is £42.50 for two visits.

Any additional fees they try to charge are illegal but it is pretty standard for bailliffs to charge illegal fees for Ct debt.

fermi

Martons have certified bailiffs as well as High Court Enforcement officers, so why do you think it is the latter?

vax2002

Dear Marstons, please forward an exact copy of this "warrant" you claim to hold so it can be checked for compliance and legal corrective.
Please enclose a court case number and the name of the magistrate or Judge sitting on oath that signed it.
I await your response.

MrNiceGuy_007

fermi wrote: »

Martons have certified bailiffs as well as High Court Enforcement officers, so why do you think it is the latter?

Sorry I dont understand your question

fermi

jamesb1983 wrote: »

Sorry I dont understand your question

Why do you think this was a High Court Enforcement Officer?

As RAS says, likely to be a certified bailiff instead for Council Tax. Marstons employ both types.

MrNiceGuy_007

fermi wrote: »

Why do you think this was a High Court Enforcement Officer?

As RAS says, likely to be a certified bailiff instead for Council Tax. Marstons employ both types.

Got ya!! don’t know if he was a High Court Enforcement Officer I just assumed because it was for Council Tax. If I called him and asked he would properly say yes as a scare tactic.
I have had a warrant of execution before so I was puzzled when I sore this notice.
I think writing to the company asking them to produce the warrant is best.

MrNiceGuy_007

Thanks for all advice,
I spoke with the bailiff again today and he said he has a Liability Order from the Magistrates Court. I asked him if I could be posted a copy and his reply was ''we only have one copy and we don’t send out nor do we have to show it to you''
I asked him how do I obtain a copy he said I have to ask the courts directly or ring council, I also asked for the case/court reference and he said it will be the council tax number or reference, to be honest I got the feeling he didn’t know and was pulling my leg.
He said that he can apply to the court to force entry with a locks smith.
I have uploaded a letter he left today on his second visit, my partner said he turn up in a van!!!

amyloofoo

This must be so scary for yourself and your OH. I'm sorry I can't give any advice but didn't want to read and run *hugs* I hope this is all resolved for you ASAP and I'm sure there will be others on here who can help you further.

CIS

I asked him how do I obtain a copy he said I have to ask the courts directly or ring council, I also asked for the case/court reference and he said it will be the council tax number or reference, to be honest I got the feeling he didn’t know and was pulling my leg.
He said that he can apply to the court to force entry with a locks smith.

The bailiff wont have all of the details re the case - your best off contacting the council and asking for the details of when the order was granted etc .

The bailiff doesn't need to apply for a court for permission to enter the property providing he has levied on goods and he is re-entering the property to remove those goods, he has the powers to do so already.

MrNiceGuy_007

He hasnt been in the house before or levied any items I am aware of, so does this mean he can not get in?
Also can he look through windows and levy items?
Can he levy my works van? (its not mine it belongs to the company i work for, however it is parked on the drive and is sign written)