rossendale bullies

[lilly]

hi i have unpaid council tax of £1440,and have had the charming bailiffs from rossendales round ,who tried everything possible to gain entry to the house,i have made it quite clear to them that they will not be gaining entry and the debt is now being paid direct to the council,but i dont expect that will put them off. My question is if i keep my car in my garage which is attached to my house can they gain entry to that wthout my letting them in thanks

[Caspar]

Re: rossendale bullies

They cannot force access. This is taken from a guide by Amy (see bottom of extract for link):

Council Tax

For the avoidance of doubt, the law states that bailiffs collecting council tax have no power to force initial entry or break open an outer door if it is either locked or bolted. They must enter a property peacefully through an unlocked door or through an open window. They may not enter through a closed window, even if it is not locked. They cannot obtain a court order to gain entry and can only force entry if they have previously gained peaceful entry.

The local authority is vicariously liable and are equally culpable for any unlawful actions carried out by any of their agents and this must be communicated to them in the strongest possible terms.

If anyone should call purporting to be a bailiff, DO NOT LET THEM IN. They will lie, cajole and attempt to deceive you. You must not be taken in by any of this. They have no right of access to your house. Do not let them in to use the loo, use the telephone, or to get out of the cold. They will try anything and once they have gained peaceful access, they can break in at some point in the future. Do not sign anything that they might hand you, or put through your letterbox, you are not obliged to do this. Tell them, from an upstairs window, that they will not gain access to your property and that they must return the warrant to the council. Then tell them that they must leave or you will report them for the common law offence of trespass.



Read more at: Bailiff Guide - Legal Beagles Consumer Forum

So leave the car in your garage and ensure it is well locked. Bailiffs are very sneaky, so ensure they're not around when you're getting out to open the garage door etc... Similarly if you take your car to work, it is probably worth your while considering parking it a little way away where they won't find it. Well done - you're absolutely spot on in paying direct to the council - make sure you keep doing that.

Probably worth doing an Income / Expenditure sheet just in case you need it - post it on here and let us have a look at it. Never does any harm to be prepared just in case!

[lilly]

Re: rossendale bullies

hi thanks for that,one more thing i would like to know my husband takes the car to work and parks it in a private car park,it stays there all week,as he works away from home,can they go into a private car park and take a levey there

[Caspar]

Re: rossendale bullies

Hmmmm...... good question and really needs someone with more experience than me to answer it, but this is my opinion. If it is a private car park they will be trespassing so could be prosecuted under common law (especially if car park is covered by CCTV).

In reality though, bailiffs are not known for acting to the letter of the law - in fact the exact opposite. So my answer would be Can they? No. Would they? Yes - if they know where your husband works!

It would not surprise me at all if someone posts to say they are allowed to in any case without breaking the law.

[The Debt Star]

Re: rossendale bullies

are bailiffs still built like brick ***** houses and about 7 feet tall?

[Caspar]

Re: rossendale bullies

Just found this:


Are there any goods that the bailiff cannot seize?
Bailiffs (except bailiffs acting on behalf of the magistrate's court - see below) cannot seize the following goods:

• tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;
• clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family

Bailiffs acting on behalf of the magistrates' court cannot seize the following goods:

• clothing, beds and bedding tools of the trade
• basic domestic needs of the family would normally include fridge, cookers, freezers, but may not include video recorders, second TV's, jewellery, washing machines, stereos or microwave cookers.

There's a link to where I found it under the Bailiffs tab as I found it really informative!

[lilly]

Re: rossendale bullies

thanks for that casper,it,s a tricky one and im just gonna have to find a way round it , because no way are these dishonest bullies getting a penny out of me

[WendyB]

Re: rossendale bullies

How would the bailiffs know where your husband had taken the car and parked it? If he works away then it would seem to be fairly safe, unless they have followed him, and I doubt that would happen to be honest.

[Caspar]

Re: rossendale bullies

How would the bailiffs know where your husband had taken the car and parked it? If he works away then it would seem to be fairly safe, unless they have followed him, and I doubt that would happen to be honest.

I agree with you Wendy. I think they'd be VERY unlucky if the husband works some distance away. Never say never, but highly unlikely!