can bailiffs get warrant for own fees?

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#1 can bailiffs get warrant for own fees?

Post by Angela786 » 13 Mar 2017 22:27

I had a call from a Baliff today saying I still owe the council £310 in C/tax,to which I replied I have paid the bill a while ago and I am I'm sure I don't owe any money to them but will have to phone them and confirm,she then said that I still owe the court costs and she will be coming to my house to enter my property to cease my goods as she has a warrant and will be there at 3pm,I told her I don't owe any money as far as I am aware and I will not be home at that time,she said that's fine we will just enter and cease the goods, so I said no probs I don't owe anything,I have returned home and nothing has been delivered no letter etc no warrant? Are they allowed to do this?

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Schedule 12
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#2 Re: can bailiffs get warrant for own fees?

Post by Schedule 12 » 13 Mar 2017 22:54

If the council tax is up to date, there is no enforcement power.

The bailiff is trying to claim £310 fees pretending its council tax and money paid to the council is apportioned in the way that the proceeds from enforcement is apportioned.

There is no power of entry. If the bailiff takes an enforcement step, then he is liable for an action for breach of Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 (TCEA) which states:

  • (3)The property in all goods ceases to be bound when any of these happens—

    • (a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

      (b)the instrument under which the power is exercisable ceases to have effect;

      (c)the power ceases to be exercisable for any other reason.
The action for breach of this paragraph is under Paragraph 66 of Schedule 12 of the TCEA which states:

  • 66(1)This paragraph applies where an enforcement agent

    • (a)breaches a provision of this Schedule, or

      (b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

    (2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

    (3)But the debtor may bring proceedings under this paragraph.

    (4)Subject to rules of court, the proceedings may be brought—

    • (a)in the High Court, in relation to an enforcement power under a writ of the High Court;

      (b)in the county court, in relation to an enforcement power under a warrant issued by the county court;

      (c)in any other case, in the High Court or the county court.

    (5)In the proceedings the court may—

    • (a)order goods to be returned to the debtor;

      (b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

    (6)A related party is either of the following (if different from the enforcement agent)—
    • (a)the person on whom the enforcement power is conferred,

      (b)the creditor.

You must make the bailiff aware of the above. He cannot go behind the law should you need to bring the claim. I always send it to the bailiff by text message to his phone.

Paragraph 66(8) of Schedule 12 of the TCEA 2007 states:
  • (8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief

    • (a)that he was not breaching a provision of this Schedule, or

      (b)(as the case may be) that the instrument was not defective
Earlier today, a hapless bailiff tried to play this card in his defence. A simple text message quoting chapter and verse well & truly cooked his goose.

There is no escaping it.
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Pote Snitkin
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#3 Re: can bailiffs get warrant for own fees?

Post by Pote Snitkin » 14 Mar 2017 07:03

In short - no they can't force entry. Oh and the bailiff is trying to mislead you by calling them 'court costs' - they are no such thing, they are private fees.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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