Council tax - Do they have the power to force entry?

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anotherdayinparadise
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#1 Council tax - Do they have the power to force entry?

Post by anotherdayinparadise » 28 Mar 2017 13:04

Good afternoon all

My friend just received this text from a bailiff, surely the domestic violence crime and victims act is not the right law?

Thanks
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jasonDWB
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#2 Re: Council tax - Do they have the power to force entry?

Post by jasonDWB » 28 Mar 2017 13:11

The bailiff has his wires crossed. That finished on 06 April 2014. It was a last minute amendment rushed through Parliament by Steve Everson, then director of a bailiffs trade association. It was obsolete with the implementation of the Tribunals Courts and Enforcement Act 2007.


In any case, it only applied if a defaulter willfully refused to pay a court fine. It never applied to the enforcement of bailiffs fees. Paragraph 4 of Schedule 4 of the Domestic Violence, Crime and Victims Act 2004 says:

  • In this Schedule—

    “authorised officer”, in relation to a warrant, means a person who is entitled to execute the warrant by virtue of—
    • (a)section 125A of this Act (civilian enforcement officers); or
      (b)section 125B of this Act (approved enforcement agencies);



Enforcement agents - as they are now called - are neither of these.



They are now prescribed in section 63 of the Tribunals Courts and Enforcement Act 2007 which is: http://www.legislation.gov.uk/ukpga/2007/15/section/63


They are not an "officer" in any capacity, nor can an enforcement agent officiate.
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Pote Snitkin
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#3 Re: Council tax - Do they have the power to force entry?

Post by Pote Snitkin » 28 Mar 2017 13:57

Seeing as this is in the CT section, then the bailiff has royally ballsed up.
It is the first responsibility of every citizen to question authority. - Benjamin Franklin

On 22/2/17, Peterbard said "taking control of goods and selling them does not actually mean taking control of goods and selling them." Discuss.

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