council tax baliffs wrong house

[deadleg]

hi

i have recieved two threatening letters from a firm claiming to be bristow and sutor bailiffs.
After the first letter i phoned the number on the letter only to be hung up on before i could
ask any questions. The problem is the letter is concerning my son who no longer lives with
us having left home several years ago . The letter states they have the right to enter my
house and remove goods from my property . My son no longer has any belongings at my
house and only uses it has a postal address . Do the bailiffs have the right to enter my
property .

[ploddertom]

Re: counciltax balifes wrong house

Is this for Council Tax your son has run up in his own right at a different address?

They may only seize the goods of the debtor and are trying to intimidate you into "volunteering" to pay his debt. Keep the door firmly shut and tell them to do one.

[CleverClogs]

Re: counciltax balifes wrong house

For which Council is the berk from Bristols and Hooters trying to enforce the Council Tax debt?

[bizzybob]

Re: counciltax balifes wrong house

Bristols & Hooters have no right to enter your home for a third party (sons) debt if he is not resident. Only phone the bailiff if you can record the call, bailiffs lie. Contact the council concerned and inform them that you are a third party, the named debtor is non resident and say that Due Diligence would dictate they check the Register of Electors to verify that very point, and that their appointed agents Busted & Stupid have no right to force entry or otherwise harass you for this debt, as they are threatening to do. Council may well hide behind DPA so email B & S to tell them that the debtor is non resident and to check Register of Electors..

[CleverClogs]

Re: counciltax balifes wrong house

Bristols & Hooters have no right to enter your home for a third party (sons) debt if he is not resident.

To be quite accurate, they have no right whatever to enter the home of anyone other than their own, unless one is daft enough to have let the buggers in.

Only phone the bailiff if you can record the call, bailiffs lie.

Bailiffs do not tell lies all the time - they generally stop when they have ceased to breathe.

[bizzybob]

Re: counciltax balifes wrong house

To be quite accurate, they have no right whatever to enter the home of anyone other than their own, unless one is daft enough to have let the buggers in.


Bailiffs do not tell lies all the time - they generally stop when they have ceased to breathe.

Have to agree CC However Busted & Stupid are becoming a menace, and deserve to be wound up.

[Sir Vere Brayne d'Emmidge]

Re: council tax baliffs wrong house

hi

i have recieved two threatening letters from a firm claiming to be bristow and sutor bailiffs.
After the first letter i phoned the number on the letter only to be hung up on before i could
ask any questions. The problem is the letter is concerning my son who no longer lives with
us having left home several years ago . The letter states they have the right to enter my
house and remove goods from my property .

Would be interesting to see this letter, because they have NO right to enter any house (even if it was your son's)

My son no longer has any belongings at my house and only uses it has a postal address.

Time to tell your son to get an address of his own, especially if he owes money to anybody

Do the bailiffs have the right to enter my
property .

Write to Bristows and tell them about the situation, enclose a photocopy of your council tax bill, copy their correspondence to the Local Authority that has set the hounds onto your son, and send everything first class "recorded" then follow up seven days later with telephone calls.

[bizzybob]

Re: council tax baliffs wrong house

The Busted & Stupid bailiff would be very silly if he kept calling and threatening a locksmith, especially if the threats were filmed, Good advice from Sir Vere, but sadly B & S are so bone headed they will still call and utter threats which they are not lawfully allowed to carry out in the futile hope YOU will pay the debt and give them some beer tokens. With that in mind be prepared to go down a Formal Complaint route to the council at some stage.

[bluebottle]

Re: council tax baliffs wrong house

The Busted & Stupid bailiff would be very silly if he kept calling and threatening a locksmith, especially if the threats were filmed, Good advice from Sir Vere, but sadly B & S are so bone headed they will still call and utter threats which they are not lawfully allowed to carry out in the futile hope YOU will pay the debt and give them some beer tokens. With that in mind be prepared to go down a Formal Complaint route to the council at some stage.

If a bailiff from Bristols and Hooters turns up and decides to be a tit, call the police. Ignore any "It's a civil matter" nonsense the call handlers might come out with as the bailiffs will be trespassing, as they have no right to be at your address, as alluded by Sir Vere, and any threats they make would be most unwise as you are not the debtor. They can only lawfully make threats to a debtor. If they make threats to a third party, they are committing an offence for which they can be arrested.

[Sir Vere Brayne d'Emmidge]

Re: council tax baliffs wrong house

hi

i have recieved two threatening letters from a firm claiming to be bristow and sutor bailiffs.

The letter states they have the right to enter my
house and remove goods from my property .

It's worth remebering that the only Warrants that give the enforcers power of entry using limited force, i.e. a locksmith, are "Distress" and "Arrest" Warrants issued by a Magistrates' Court, the use of "reasonable" force (as much force as required by the situation) can be used in conjunction with a "Search" Warrant, which is signed by a Judge and must be carried at the time of such action by the enforcers.

The above rules do not apply to HMRC who can enter any premises, at any time in relation to (suspected) Tax or Duty evasion.

[TopBoy]

Re: council tax baliffs wrong house

Some assumptions have been made here. Firstly it shoukd be noted that the debtor used to live at tge address - speak to your son because it is a possibility that b&s may have levied at your address. If you gsve not spoken to b&s then they have mo way of knowing he has left. As to all the hot air about forced entry - I can find no reference to this threat in the original post - their right to peaceful entry could be what they are reffering to. The initial and simple advice should be quite simply call your son and get him to call and deal with this.

[bluebottle]

Re: council tax baliffs wrong house

Some assumptions have been made here. Firstly it shoukd be noted that the debtor used to live at tge address - speak to your son because it is a possibility that b&s may have levied at your address. If you gsve not spoken to b&s then they have mo way of knowing he has left. As to all the hot air about forced entry - I can find no reference to this threat in the original post - their right to peaceful entry could be what they are reffering to. The initial and simple advice should be quite simply call your son and get him to call and deal with this.

B & S are full of BS and the way they behave is B.S.. I think you will find other Beagles were advising the OP as to the worst case scenario. It sounds like the local authority has not bothered to conduct any enquiries as to whether the OP's son still resides at the address. If the OP has returned an Electoral Registration form and left his son's name off the form or struck it out, the local authority should have realised from this that the son was no longer resident. It sounds to me that someone at the local authority has either seriously fouled-up or is too damn lazy to do their job properly.

[TopBoy]

Re: council tax baliffs wrong house

[QUOTE=bluebottle;397799]B & S are full of BS and the way they behave is B.S.. I think you will find other Beagles were advising the OP as to the worst case scenario. It sounds like the local authority has not bothered to conduct any enquiries as to whether the OP's son still resides at the address. If the OP has returned an Electoral Registration form and left his son's name off the form or struck it out, the local authority should have realised from this that the son was no longer resident. It sounds to me that someone at the local authority has either seriously fouled-up or is vtoo damn lazy to do their job properly.[hQUOTE]

you may be right, but the op should make sure they ascertain all of the facts. Someone not being on the electoral roll is not a major indicator that they do not reside at an address (many people just do not register/move into the property after the card is filled on etc) so I doubt this would be accepted. It may just be that this is the only address the council have and are fishing for info - but it is equally possible that bailiffs may have met him at the address. Either way the best course of action is for the op's son to deal with this before it escalates - nip it in the bud rather than wait for the bailiffs to catch up with him. If this is ignored when the opportunity is there to deal with it then the son is only going to end up in more trouble - and realistically, with nobody to blame.........

[bizzybob]

Re: council tax baliffs wrong house

Whilst TopBoy is correct in that the son must contact council and bailiffs to sort it, as Bristols & Hooters are the bailiffs whatever he does, they will continue to pester and harass the parents as they have been sent to that address, hoping they will pay fearing the bailiffs will (unlawfully) clear out their goods and sell them. Busted & Stupid are like that, so they must take steps themselves to put the council and Busted & Stupid in the picture and protect their property from the greedy muppets, via a Stat dec if needs be.

[bluebottle]

Re: council tax baliffs wrong house

Whilst TopBoy is correct in that the son must contact council and bailiffs to sort it, as Bristols & Hooters are the bailiffs whatever he does, they will continue to pester and harass the parents as they have been sent to that address, hoping they will pay fearing the bailiffs will (unlawfully) clear out their goods and sell them. Busted & Stupid are like that, so they must take steps themselves to put the council and Busted & Stupid in the picture and protect their property from the greedy muppets, via a Stat dec if needs be.

I tend to agree with you, BB. A Statutory Declaration by the OP stating that their son ceased to reside at their address as of a certain date and that all goods and chattels contained within their home address are the sole property of the OP would certainly be in the OP's best interests. Copies need to be served on the local authority and B & S, as well as any bailiff who chooses to be a tit and attend following service of the SD on B & S and the local authority.

As I have said on other threads, local authorities and their contracted enforcement agents are subject to the Articles and Protocols under the Human Rights Act 1998, in toto, whether they like it or not. Below is Section 6 of the Act. I will look through the Act and post up which Articles and Protocols apply to the OP in their case.

6Acts of public authorities.

(1)

It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

(2)

Subsection (1) does not apply to an act if—

(a)

as the result of one or more provisions of primary legislation, the authority could not have acted differently; or

(b)

in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.

(3)

In this section “public authority” includes—

(a)

a court or tribunal, and

(b)

any person certain of whose functions are functions of a public nature,
but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

(4)

F1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(5)

In relation to a particular act, a person is not a public authority by virtue only of subsection (3)(b) if the nature of the act is private.

(6)

“An act” includes a failure to act but does not include a failure to—

(a)

introduce in, or lay before, Parliament a proposal for legislation; or

(b)

make any primary legislation or remedial order.