Understand Your Rights Regarding Bailiffs and Council Tax

 Understand Your Rights Regarding Bailiffs and Council Tax

It is unclear to many of us how bailiffs go about collecting overdue payments. The local council employs private individuals known as bailiffs to collect and distribute Council Tax and Poll Tax. In order to settle your outstanding debt, they will auction off anything they obtain from you. The term "distraining" or "levying" describes the action of seizing your property, selling it, and using the proceeds to settle your obligation.

The County Court mandated in October 1998 that all bailiffs must carry a certificate proving their employment by the local government. The court can be promptly notified of any complaint regarding a bailiff's failure to comply with this order.

Additionally, a procedure involving debts and bailiffs has been active since April of that year. You, the debtor, are required under this procedure to receive a letter detailing your credits from the Council. Additionally, the letter would state that bailiffs will be dispatched to your assistance if your financial obligation is not paid within 14 days. If you have any problems during that time, you can speak with a local council member. Additionally, you have the option to provide the council with recommendations for the most practical and affordable payment plan. To save you money in the long term, the council will ask the bailiffs to stop phoning you if your recommendation is approved.

IS IT REQUIRED THAT I ADMIT THE BAILIFFS?

It is not your duty to welcome bailiffs at their arrival; that is something you should be aware of. One option is to just not allow them entry to your house. The bailiffs do not have the authority to enter your residence at any moment if they have never done so before. Their breaking in is likewise illegal.

To be safe, don't do anything like this:

- Keep the bailiffs out of your home. When you give them what they want—your attention—they'll be able to get past you. Once inside, they can legally take more of your possessions whenever they want.
- Bailiffs can readily gain access through any opening, so make sure to lock your doors and windows. Your recklessness is their only chance, as they can't call the cops for assistance breaking in.
- A Stay away from any form of snare. In order to trick you into letting them in, bailiffs can employ a variety of ploys, such as requesting to use the restroom or the phone.
- Keep your valuable possessions secure at all times. The power to seize costly possessions is inherent in the bailiff's position. Keep your vehicles hidden at all times.
- A Never do business from the comfort of your own home. Pay the bailiffs what they're asking for—a specified amount—but do it in an outside setting. Also, make sure you get a receipt.
If the bailiffs ask you to sign anything, don't do it. The bailiffs do not possess the authority to compel you to sign any document, regardless of whether it was delivered to your door or posted there.

The bailiffs have previously entered my residence.

Things would have become worse if you let the bailiffs into your home all at once. The bailiffs will have the right to return once they are let inside. They will have the right to break in if you refuse to let them in the second time. In order to resolve this issue, you should contact your local council or the bailiffs as soon as possible. One option is to approach your local councillor for assistance; another is to come up with a realistic payment plan and submit it to the bailiffs. You can stop them from returning to steal from you if they accept your conditions. Just to be extra cautious, save a receipt of all your payments.

The bailiffs can't take anything, right?

The bailiffs have the legal right to seize the majority of your valued possessions, with the exception of:
- Anything that was borrowed or contracted for.
- Things you can't live without for both your work and personal life.
- Things like clothes, bedding, and furnishings that you use on a regular basis.

Exclusions are not truly item specific, as you will see. Legally seizing certain objects may be construed differently by the bailiffs. You can lodge a proper complaint with your local council if you believe that the things they have taken away should have been exempted.

Are the bailiffs allowed to seize items that do not belong to me?

The law makes it quite clear that the bailiffs can only seize your properly owned possessions. Included in this category are things that you and your spouse jointly possess. If the bailiffs try to seize anything that doesn't rightfully belong to you, you can gently dispute their claim by producing relevant documentation, such as a receipt or proof of purchase. In addition, the rightful owner of the goods might attest to their ownership status via a statutory declaration or a sworn statement.

Things that have been rented or hired are also not to be taken by bailiffs. To avoid having them taken away by the bailiffs, make sure you retain a copy of the agreement with the actual owner.

HOW ABOUT I SECURE ITEMS OR DOUBLE-DOP THEM?

If the bailiffs have never entered your home, it is within your rights to conceal your belongings. But once they're inside, they'll make a list of everything they plan to steal. Attempting to conceal any of those goods at a place other than your home is a criminal crime. The bailiffs have every right to look for the things during their visits, therefore it's important that you can keep them out of sight.

The Process of Bailiffs

Fortunately, bailiffs are not allowed to merely force their way into your home like that. Additionally, they are subject to specific regulations and protocols that they must follow, such as:
An official document or a certificate issued by the local municipality is required for bailiffs.
- A copy of the "Enforcement Regulations" that outline the bailiff's limited authority is required to be handed to you by the bailiff.
-A statement of charges is something that bailiffs are required to have on hand during each appointment. No one should ever add on to your debt in an attempt to make it explode.
Additionally, the bailiffs need to have a "Walking Possession" agreement that you have signed. This agreement includes the items that they have specifically requested that you bring with you from the very beginning of your appointment.

What can I do to stop the bailiffs?

Reaching a payment plan with the bailiffs is your best bet for preventing their seizure of your possessions. In the event that the bailiffs have never entered your residence, it will be to your advantage to devise a practical payment plan. Make sure there is no room for confusion by offering only what you are able to pay.

No one from the bailiffs can put you in jail. They should return your debt to the municipality if they are unable to break into your home. It would be very simpler to resolve the issue if this occurred. The council will find another way to recover the money if you do not respond soon, therefore you best treat this as a priority debt. They can summon you to pay your financial responsibilities in full by filing an Attachment of wages Order or another type of order that will deduct money from your wages.

The bailiffs may not be involved in your case if the council agrees to exclude it. People receiving Income Support, Pension Credit, or Job Seekers' Allowance are eligible to participate in the council's direct payment services. Perhaps it would be more beneficial to enquire with the council about the possibility of reclaiming your case from the bailiffs and resolving it directly with them. You can get assistance in negotiating with the council from your local representative. If you want the bailiffs to take your case into consideration, you need to explain why you're appealing and what problems you'll face if they seize your possessions.

WHERE DO I MAKE MY COMPLAINT?

The bailiffs are obligated to follow the Enforcement Regulations. But the Lord Chancellor's Department's National Standards for Enforcement Agents are complicated. It does lay out particular rules for how bailiffs should act when performing their jobs, but including these in your complaint could work for or against you. The Department of Constitutional Affairs maintains a webpage where you can personally peruse the criteria.

located at: www.dca.gov.uk/enforcement/agents02.htm.

Although the bailiff legislation is intricate, you can begin to understand it by reading it thoroughly and attempting to grasp all of its technical details. But your individual endeavours can fall short. If at all possible, consult a lawyer about your options for dealing with the bailiffs' behaviour that you believe to be illegal.

A certificate has been required for the bailiffs to act upon since October 1998. The court has to approve this certificate before Council Tax may be collected. A complaint against the bailiffs can result in the revocation of their certificate and the forfeiture of their authority to enter your house. Sending a formal letter to the Court Manager allows you to lodge a complaint and request a hearing. If your complaint is well-founded, the court may decide to annul the bailiffs' certificate, award damages, and reclaim the property that were surrendered. The complainants were successful in a few instances when the bailiffs' unlawful actions led to the cancellation of their debts. One of the reasons you shouldn't wait on your complaint is because of this. It is imperative that you promptly visit the Magistrates Court in order to lodge a complaint upon discovering any irregularity.

In a perfect world, you could take your issue to the council, where the bailiffs report directly. It is its responsibility to instruct the bailiffs to modify their practices upon receipt of your complaint. Should this fail, you have the option to bring your complaint to the attention of a local councillor or the Ombudsman for your government.

Penalties for Bailiffs

You can file a formal complaint if you feel the bailiffs are demanding too much money. Notifying the council in writing that what has been taken from you might be excessive is one option. The County Court is another good resource for information on what kinds of fines bailiffs can levy.

If you want to know how much of a fine is fair, you can utilise your common sense and what you know about local systems. The bailiffs clearly overcharged you if, for instance, the cost of renting a van is merely £40 and their fee for appearance with a van is £80. You have the option to immediately notify the bailiffs of such an occurrence. Notify them that you will pursue other measures to get your complaint acknowledged in the event that they disregard the prescribed timeline.

Notify the council in writing of the bailiffs' unlawful actions by submitting a formal complaint. On the other hand, the County Court also accepts "Taxation" applications. You can ask the court to consider your complaint and decide if the bailiff's charges were excessive within 12 months by filing this type of application. You will be responsible for paying the court fees incurred by the bailiffs' firm in the event that the court rules against you. That is why you need to use caution when doing that. It is important to keep in mind that submitting complaints is a worthwhile endeavour, particularly when you have ample proof to show that the bailiffs crossed the line.

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