Council Tax Bailiff Advice

bakerslad

thank you hallowwitch
thats the best advice I've had all day
what happens after they received the letters ?
do they have to accept or will they push for more per month ?

hallowitch

bakerslad wrote: »

thank you hallowwitch
thats the best advice I've had all day
what happens after they received the letters ?
do they have to accept or will they push for more per month ?

It really depends on the council most will tell you to deal with the bailiff because its out of there hands which is simply not true its the councils debt and always will be they are responsible 100% for the bailiff (you can /should get your local councillors or MP involved if they refuse)

It doesn't matter what the council say there is no law saying you have to deal with the bailiff the council cant refuse your payment you continue to pay on line (is it this yrs tax)

there is no point in offering what you cant afford so lets say you can afford to pay £60 a mth you offer £40 if they say they want more than that (because the debt is substantial and they want it paid in full before tax yr end) increase your offer to £50 telling them that the extra £10 is pushing your financial circumstances to its limit so you cant offer more than that and there is very little point in agreeing to a payment that you know you cant pay due to your current financial situation

you get it in writing that your agreement is £40/50 a month to be paid by the end of each month (you make sure its worded like that by the end of each month )


once you get the e-mail off regarding the car they cant levy it or remove it
IT IS IMPORTANT THAT THE BAILIFF DOES NOT GET A LEVY
you do not under any circumstances let the bailiff into your home
you keep your doors locked (legally he can walk in) windows closed
If a bailiff comes to your door you ask from an upstairs window or through the letterbox (recording the conversation if you can ) to see his ID and his written letter of authorisation from the council ask him what court he was certificated at and when

if he answers your questions AND his letter of authorisation tell him you have written to his office and the council and you will be dealing with them

If he wont/ cant tell him to jog on


if he cant get a levy he will eventually move on to another victim

I will post up some regulations you will need to verbally approach the bailiff with just in case he get lardy with you

hallowitch

The Council Tax (Administration and Enforcement) Regulations 1992
DISTRESS 45
(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested;

http://www.legislation.gov.uk/uksi/1992/613/contents/made

that statutory legislation you might need to remind the bailiff of this is he hasn't got the letter or refuses to show you it


Asking to see his certificate

Certificated bailiffs are governed by the distress for rent rules 1988

Levy and Removal


12.”(1) Every bailiff levying a distress shall produce his certificate to the tenant if he is present or, in the absence of the tenant, to such other person present as appears to be in control of the premises.
http://www.legislation.gov.uk/uksi/1988/2050/contents/made


legislation you may need to remind the bailiff of this if he cant/ wont produce his certificate

the bailiff may say all sort of of things to from get a locksmith .the police , remove the car ,tow truck on its way ect

now the bailiff knows he cant legally as the situation stands do any of the above

National Standards for Enforcement Agents

Professionalism and conduct of the enforcement agent

Page 4


http://www.justice.gov.uk/downloads/courts/bailiffs-enforcement-officers/national-standards-enforcement-agents.pdf


the standards are not legislation but all local authority's and bailiffs have agreed to be governed by them