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Help with high court enforcement officer situation

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  • m0bov
    m0bov Posts: 2,721 Forumite
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    school holidays
  • qsk
    qsk Posts: 464 Forumite
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    OlliesDad wrote: »
    Is this not just the script for every single episode of Cant Pay We'll take it away?
    Well, you never know. We might see OP in next episode.
  • lincroft1710
    lincroft1710 Posts: 19,027 Forumite
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    m0bov wrote: »
    Show them a letter from the council they are not registered to pay tax there.

    This won't prove anything. The relative could be living there, but unless they own, lease or are named in a rental agreement for the property they have no liability for Council Tax, so would not show up in council records.
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • NoOne2
    NoOne2 Posts: 65 Forumite
    This won't prove anything. The relative could be living there, but unless they own, lease or are named in a rental agreement for the property they have no liability for Council Tax, so would not show up in council records.

    Correct and when someone moves away from the property, it wise to update your electoral roll information as they work on that.
  • Ectophile
    Ectophile Posts: 8,046 Forumite
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    OlliesDad wrote: »
    Is this not just the script for every single episode of Cant Pay We'll take it away?

    Or, for that matter "The Sheriffs are Coming" on the BBC.

    When the enforcement officers turn up, it's standard practice for the person in the property to say "that doesn't belong to the debtor" whenever the officers find anything of value. They have learned to ignore that. If you can't prove who it really belongs to, they take it away.

    What people don't seem to realise is that the enforcement officers have a warrant from a high court, signed by a judge, ordering them to seize property.

    It's not like those annoying private debt collectors who won't go away, but don't really have any power at all.
    If it sticks, force it.
    If it breaks, well it wasn't working right anyway.
  • steampowered
    steampowered Posts: 6,176 Forumite
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    If the HCEO took goods that didn't belong to the debtor, can't you sue the HCEO to get them back by issuing a small claim?

    You should really get on with that very quickly before the goods are sold. How long ago did this happen?
  • If the HCEO took goods that didn't belong to the debtor, can't you sue the HCEO to get them back by issuing a small claim?

    You should really get on with that very quickly before the goods are sold. How long ago did this happen?

    Read the OP again, he paid thr debt they didn't take anything.
  • NoOne2
    NoOne2 Posts: 65 Forumite
    edited 27 July 2017 at 6:04AM
    If the HCEO took goods that didn't belong to the debtor, can't you sue the HCEO to get them back by issuing a small claim?

    You should really get on with that very quickly before the goods are sold. How long ago did this happen?
    Read the OP again, he paid thr debt they didn't take anything.

    They never took anything and even if they did or someone else paid, you can still file a claim, to the get items back, if they didn't belong to the debtor.
  • NoOne2 wrote: »
    They never took anything and even if they did or someone else paid, you can still file a claim, to the get items back, if they didn't belong to the debtor.

    It would need to be the debtor who files the claim.
  • Pollycat
    Pollycat Posts: 35,851 Forumite
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    Ectophile wrote: »
    Or, for that matter "The Sheriffs are Coming" on the BBC.

    When the enforcement officers turn up, it's standard practice for the person in the property to say "that doesn't belong to the debtor" whenever the officers find anything of value. They have learned to ignore that. If you can't prove who it really belongs to, they take it away.

    What people don't seem to realise is that the enforcement officers have a warrant from a high court, signed by a judge, ordering them to seize property.

    It's not like those annoying private debt collectors who won't go away, but don't really have any power at all.
    The bit in bold. :T
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