Council tax baliff's

[kuryo]

I have had a look online and cant see to find a answer to this,
I have had the baliifs knocking at my door for council tax i cant afford to pay. If i were to "sell" my property to a friend for say £1, which covers everything in my home. would he be able to claim it back if it were seized?

[DirtySmurf]

Re: Council tax baliff's

Bailiff's cannot force entry for Council Tax, how much is the debt? what can you reasonably afford to pay a week/month?

You could contact the council and state you are not legally obliged to deal with the bailiffs and will not do so, that you do not grant permission for any agent working on behalf of the council to approach or enter your property and that you are willing to pay x amount per week/month towards the debt but only directly to the council.

I am someone will be along shortly to advise further, keep your doors locked in the meantime and any car you have away from the home.

[Crazy council]

Re: Council tax baliff's

I have had a look online and cant see to find a answer to this,
I have had the baliifs knocking at my door for council tax i cant afford to pay. If i were to "sell" my property to a friend for say £1, which covers everything in my home. would he be able to claim it back if it were seized?

no, dont think that works. not for £1 anyhow, but if you did legitimatly sell everything, then keep the paperwork handy. if you owe it, best bet is to write direct to the council and offer a affordable payment arraingment, to try avoid any fees

[Snoopy1948]

Re: Council tax baliff's

Hi ... I worked as a local authority enforcement officer for 23 years and held a bailiff certificate for that time. I retired last year. Bailiffs, whether local authority officers or private company, have to be given legal right of entry so unless you invite them in, they have no right to enter and list goods. If you leave a door or window open however, they can enter. The first thing to establish here is the council debt correct? Have you culpably neglected paying or engaging with the council while the debt accrued? I don't really think the value of your goods comes into this as most bailiffs just want payment or payment arrangement. Contrary to opinion, seized goods have little value especially after transport and auction costs are accounted for. The threat of removing goods tends to be just that, a threat, and even if they do remove goods you will probably have a balance, if not all of the debt, to negotiate. Some councils insist that 'the debt is with bailiffs' and tend to hide behind that assumption rather than open a line of communication. However, the end result is that councils need income and not protracted discussion so they should always have an open line of negotiation. They have the power to withdraw warrants from bailiffs at any time. I suspect that you want this debt to go away and that's not going to happen. I suggest that you see a money advisor at your local Citizens Advice Bureau and they will help you through this by taking a statement of means and approaching the council on your behalf. Remember it's a priority debt and imprisonment is still technically possible!

[ostell]

Re: Council tax baliff's

If you leave a door or window open however, they can enter

I believe that is no longer true. They are allowed entry by normal means, which means a window etc is a no no.

[Kati]

Re: Council tax baliff's

I believe that is no longer true. They are allowed entry by normal means, which means a window etc is a no no.

exactly (at least as far as non-court appointed bailiffs go - eg: for council tax etc...) It has to be peaceful entry via a 'normal means of access'! https://www.gov.uk/your-rights-baili...bailiff-visits

[Snoopy1948]

Re: Council tax baliff's

You are right, the law has changed albeit more recently I suspect. The Gov.uk site confirms this ....

'Bailiffs can’t enter your home:

• by force, eg push past you
• if only children under 16 or vulnerable people (eg, disabled) are present
• between 9pm and 6am
• through anything except the door

[Kati]

Re: Council tax baliff's

They changed on April 6th 2014 https://www.gov.uk/government/news/t...ssive-bailiffs

[FlamingParrot]

Re: Council tax baliff's

I have had a look online and cant see to find a answer to this,
I have had the baliifs knocking at my door for council tax i cant afford to pay. If i were to "sell" my property to a friend for say £1, which covers everything in my home. would he be able to claim it back if it were seized?

They can't force entry and you don't have to let them in. However, they can take goods located outside your home and in outbuildings such as a shed in the garden. They could take a bike, your lawnmower, etc. and also clamp your car if they find it.

Selling your goods would serve no purpose whatsoever since the bailiffs can't take your belongings unless you let them in. Bailiffs are just one way of enforcing payment of council tax, failing that the council can use other means of enforcement such as an attachment of earnings if you are employed, deductions from a number of benefits, issuing a statutory demand (if the unpaid tax is over the BR threshold, currently £750 but soon to change) or getting a charge on your property if you are a homeowner and the debt is over £1k.

Few people are actually imprisoned because the idea is to make you pay, only people who are found to have deliberately neglected or refuse to pay will be imprisoned and there will be a hearing at the magistrates court before that happens.

You should contact the council directly with an income and expenditure form and offer to pay what you can afford and inform the bailiffs that you are dealing directly with the council. Merely stopping the bailiffs from taking your belongings isn't going to solve the problem.

Hi ... I worked as a local authority enforcement officer for 23 years and held a bailiff certificate for that time. I retired last year. Bailiffs, whether local authority officers or private company, have to be given legal right of entry so unless you invite them in, they have no right to enter and list goods. If you leave a door or window open however, they can enter.

As noted above, under the new regulations they can no longer enter through a window, however, I wouldn't leave one open just to be on the safe side and avoid arguments, bailiffs are often cheeky sods.

They have the power to withdraw warrants from bailiffs at any time. I suspect that you want this debt to go away and that's not going to happen. I suggest that you see a money advisor at your local Citizens Advice Bureau and they will help you through this by taking a statement of means and approaching the council on your behalf. Remember it's a priority debt and imprisonment is still technically possible!

Indeed it is, I started a thread about it here: http://www.legalbeagles.info/forums/...il-tax-default