Basic procedure for collection of Council Tax arrears

[Amy]

Re: Basic procedure for collection of Council Tax arrears

Thanks Amy, I will confirm that the charges have been added to my account and hen I will challenge them.

They will lie to you. Send them a Subject Access Request Bailiff - SAR - Legal Beagles

[Guest]

Re: Basic procedure for collection of Council Tax arrears

The council also claimed that the bailiff could seize the car under the law case of Observer ltd v Gordon. I find this whole matter awful as my mum requires her car as she suffers from a life threatening disease. Could the bailiff seize my mums car without any notice and/or agreement?

Hi Ellis27

Thanks for your contribution. It states that the "bailiff has reasonable belief that the goods that he lists on a Walking Possession are owned by you." The bailiff put my mum's car details on the inventory part of the form, scribbled out the walking possession agreement part, signed and dated it and pushed it through my letter box whilst we were out. When does this agreement become an agreement as neither my mum or I signed it and what belief did he have that it was my car other than some invented story he claims to have got from my neighbour? Does this mean a bailiff can seize all the cars in a street because he has reasonable belief that one may belong to the debtor? I am confused.

Since the Council seem to like quoting caselaw at you, inform them - in writing - that posting a Walking Possession Order through the door is unlawful.

According to both Davidson v Roach [1991] and Evans v South Ribble Borough Council [1991], the latter being a Court of Appeal case, the Walking Possession Order was found to be invalid.

You should also inform them that they are equally liable and culpable for the actions of their agents and that you reserve the right to name them as joint defendants in any action you may consider for the unlawful actions of their agents and further, you intend to refer this matter to the Local Government Ombudsman on grounds of maladministration, misfeasance and/or malfeasance in public office regarding the council’s flawed procedures and failure to control its agent.

[webboc]

Re: Basic procedure for collection of Council Tax arrears

Hi Cetelco

Many thanks for your help. So in essence the bailiff would be duty bound by law to:

• gain entry into my home
• seize goods (including a car)
• secure the goods

Therefore, the bailiff cannot:

• carry out an external inspection of my home
• seize a car parked outside my home
• post a drafted walking possession agreement through my letterbox in my absence
• levy distress on the seized car

I truly appreciate everyone's help and will now seek legal redress against the council and bailiff.

[Amy]

Re: Basic procedure for collection of Council Tax arrears

You really need to read and understand the guide given by Tuttsi on post #3.

[webboc]

Re: Basic procedure for collection of Council Tax arrears

Hi Amy

Do you mean by way of taking legal redress against the bailiff using Form 4 or I am missing something else?

Thanks

[Amy]

Re: Basic procedure for collection of Council Tax arrears

Not specifically. I just wondered if you had read the whole guide as it will answer a lot of your questions.

[webboc]

Re: Basic procedure for collection of Council Tax arrears

Hi Amy

Would you not agree with the advice from Cetelco and in particular the 2 case laws?

I don't wont to go "half cocked".

Thanks

[Amy]

Re: Basic procedure for collection of Council Tax arrears

Hi Amy

Would you not agree with the advice from Cetelco and in particular the 2 case laws?

I don't wont to go "half cocked".

Thanks

Of course I agree with him, it's excellent advice as always. However, I am confused by your bullet point list in your post #18.

Although technically correct, in reality it is a bit more involved. Your list is quite simplistic and I was just checking you have understood fully.

[webboc]

Re: Basic procedure for collection of Council Tax arrears

Many thanks Amy - I appreciate that there is more to my simple account of things.