Equita Liability Order/Distress Warrant for unpaid Council Tax

scorpioh

Hello
today i got a hand delivered note through my door saying 'i called today to execute a enter my property with a liability order/distress warrant issued to us by our client. I am authorised by the Court to remove your goods to satisfy the outstanding balance'.

'If you fail to contact me in the next 24 hours I will have no alternative but to reattend your property and remove your goods for sale'

I just have one question, as I am going to pay the debt but to the council: Can the bailiff actually enter my property WITHOUT a walking posession order? Can he break in with this liability order/distress warrant? He has never entered my property before so hasnt levied my goods.

Any advice however short woudl be a massive massive help

Thanks

National_Debtline

Hello there,

The bailiff (or Enforcement Agent as they're now called) cannot force their way in to the property unless they've been in before and have 'taken control' of your goods. A walking possession agreement is now called a controlled goods agreeement.

If you keep your property secure with doors locked, they will not be able to force their way in. If you have a vehicle (or any other expensive assets which live outside) please ensure that it is well hidden, far away from your property.

The enforcement agent must use a peaceful process to get in to your home.

To familiarise yourself with the new rules & jargon, please take a look at our council tax recovery fact sheet.

Best wishes,

David @natdebtline

scorpioh

Thank you so much for your advice David, absolutely much appreciated.

Best wishes

National_Debtline

You're welcome

Kingmax_2

Hi fellas,

I got Equita Enforcement Notice delivered by hand through my letterbox last night, i estimate 9pm.

It appears to be for someone who does not live here, i suppose a previous tenant.

The letter says:

I have called today to execute a Distress Warrant issued to us by our client Birmingham City Council. I am authorised by the Court to remove yout goods/vehicle to satisfy the outstanding balance of £422.

If you fail to contact me within the next 24 hours i will have no alternative but to reattend your property to remove your goods for sale.'

There is a mobile phone contact number.

My house has been rented by the same landlord for years. There have been various tenants.

What would should I do and what should I expect?

Thanks in advance for any feedback.

M.

National_Debtline

Kingmax wrote: »

Hi fellas,

I got Equita Enforcement Notice delivered by hand through my letterbox last night, i estimate 9pm.

It appears to be for someone who does not live here, i suppose a previous tenant.

The letter says:

I have called today to execute a Distress Warrant issued to us by our client Birmingham City Council. I am authorised by the Court to remove yout goods/vehicle to satisfy the outstanding balance of £422.

If you fail to contact me within the next 24 hours i will have no alternative but to reattend your property to remove your goods for sale.'

There is a mobile phone contact number.

My house has been rented by the same landlord for years. There have been various tenants.

What would should I do and what should I expect?

Thanks in advance for any feedback.

M.

Hi Kingmax and welcome to the forum.

It sounds as though the electoral roll records for your property may be out of date. You should normally receive forms from the council on an annual basis - for Birmingham I think it tends to be around September - asking you to provide up to date details of those living at that address. If you haven't done this, I recommend that you do so promptly and at the same time ask the council to relay this information to Equita so that they stop visiting your property.

Just for the record, Equita have no power to force entry to your property nor to seize goods belonging to people other than the debtor.

To reiterate, I would contact the council first and only then contact the bailiff if you so wish - though I would be asking the council to handle that ideally.

For future reference, it's better to start a brand new thread about any issues you have as it's more likely to get noticed than replying to an existing one. Hope that makes sense.

Dennis
@natdebtline