Which Regulation or Act?

[britvic]

Hi

I would be most grateful if any one could please inform me which regulation or act does the following come under:

1) Bailiff's obligation to gain peaceful entry into a property in respect of council tax debt.

2) Bailiffs can only remove goods and chattels belonging to the debtor and not other third parties in respect of council tax debt.

Many thanks

britvic

[natweststaffmember]

Re: Which Regulation or Act?

Firstly, Amy has provided an excellent guide to Bailiffs:
Bailiff Guide - Legal Beagles

When she is on later on today she will no doubt give you the full SP on that.

[Amy]

Re: Which Regulation or Act?

Both of these come under the umbrella of “illegal distress” and is one of the most common offences committed by a bailiff.

Complaint concerning illegal distress is done by way of filing a Form 4 complaint. More details of how to complain can be found in the link to the Bailiff Guide Nattie provided.

It should be noted that if seeking damages for illegal distress, the owner of the goods could make a claim for trespass and as such, any claim would be against the bailiff who levied and any creditor authorising the illegal act (ie: the Local Authority)

Magistrates' Court fines are criminal offences, for example parking fines, speeding fines and TV licence fines, therefore, a bailiff has the right to enter your property to recover monies owed. However, although council tax liability orders are issued through a Magistrates' Court, it is not a criminal offence to not be able to pay your council tax. Bailiffs attempting to recover council tax must be certificated by a County Court and it this that allows them to levy distress. There is no provision in the certification of a bailiff from a County Court that allows them to force entry. So by definition, only peaceful entry is allowed.

Council Tax bailiffs are not officers of the court and are not employed by the court, but they are viewed to be representatives of the court because they act under the authority of a Certificate issued by the County Court.

A bailiff company will tell you they do not promote the idea that bailiffs can break in for the purpose of recovering council tax, but they do little if anything, to stop this lie propagating and this is deliberate.

[britvic]

Re: Which Regulation or Act?

Informative response as usual Amy - thank you!

It will look like the third party will have to file their own Form 4 complaint as the bailiff company and LA have confirmed that they have done nothing wrong with regards to illegally seizing their vehicle.

For me, I will now have to make a complaint to the bailiff company in the first instance since they have charged me for distress levies, wheel clamping, van attendance, waiting, HPI check and card fees without even gaining legal entry and a WPA.

If they believe they have done nothing wrong in seizing the third party's car then it appears that their charges will be immaterial.

[Amy]

Re: Which Regulation or Act?

You need to SAR them, it's the only way to go.

[britvic]

Re: Which Regulation or Act?

Hi Amy

Received the SAR and the charges remain.

[Amy]

Re: Which Regulation or Act?

Ok, what does your SAR show?

[britvic]

Re: Which Regulation or Act?

It gives the case history and bailiff charges in respect of his visits and distress levies and oddly, the SAR also gives me the full details and responses in respect of the third party's complaint.

[Amy]

Re: Which Regulation or Act?

If you need any more help then shout.

[britvic]

Re: Which Regulation or Act?

Thanks Amy

Can I PM you a letter that I intend to send to the bailiff company and tell me what you think?

[Amy]

Re: Which Regulation or Act?

Of course you can x