Bailiffs Demanding Cash Despite Student Exemption Notice

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KingsNewClothes
Posts: 2
Joined: 20 Jul 2017 13:48

#1 Bailiffs Demanding Cash Despite Student Exemption Notice

Post by KingsNewClothes » 20 Jul 2017 13:56

Hi there,

Can someone help me with this?

My niece is a full time student and therefore exempt from Council Tax.

She delivered her college's Exemption Notice to her council via their preferred method, but they promptly lost it.

Now, she has bailiffs visiting. On my advice, she refuses to open the door and instead left another copy of her college's Exemption Certificate on the front door. She has also delivered another copy of it in person to her local council and got a receipt for it.

The Bailiffs are refusing to accept the exemption certificate and insisting that she has to pay them and them reclaim from the council.

Can they do this?

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Schedule 12
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#2 Re: Bailiffs Demanding Cash Despite Student Exemption Notice

Post by Schedule 12 » 20 Jul 2017 14:33

No.

Your niece needs to make a formal complaint to the CEO of the Council explaining that council staff have mislaid her certificate and are exposing her to a loss by sending bailiffs when they know she is exempt. It needs to be written like a letter before action. Give a deadline to the council to respond that is has stopped the action.

If the CEO is not forthcoming with stopping the action, she can apply to a court to injunct the Council forbidding them from continuing enforcement action. She needs to give her certificate as evidence and any evidence the council is deliberately not complying with the regulations giving rise to the exemption.

If a bailiff forces her hand to make over money, then she can claim damages. She can plead a cause of action against the Council under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
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KingsNewClothes
Posts: 2
Joined: 20 Jul 2017 13:48

#3 Re: Bailiffs Demanding Cash Despite Student Exemption Notice

Post by KingsNewClothes » 20 Jul 2017 14:59

Cheers for this. After she delivered the certificate, it occured to me that she should also have demanded that the council ring the Bailiffs there and then and stop the action.

In the meantime, i have advised caution in opening the door.

NickP
Posts: 17
Joined: 13 Jul 2017 09:43

#4 Re: Bailiffs Demanding Cash Despite Student Exemption Notice

Post by NickP » 23 Jul 2017 10:22

This happened to me when I was a student. The bailiff actually did come in. But saw the house, realised that it was a student house, so went away. They are not all bad.

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