Valid Enforcement Notice

Quash the Liability Order. Suspend Enforcement. Disputing Liabilities. Claim Damages for Misuse of Enforcement Power.
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Michaelm
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Joined: 15 Aug 2017 12:31

#1 Valid Enforcement Notice

Post by Michaelm » 15 Aug 2017 12:40

I have received a notice of enforcement which states "a liability order has been granted against you on the (date given) for non payment of national non domestic rates and costs at"

Is this a valid notice if it does not have the address

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Schedule 12
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#2 Re: Valid Enforcement Notice

Post by Schedule 12 » 15 Aug 2017 16:59

A Notice of Enforcement must have the debtor’s address.

Regulation 7(a) of the Taking Control of Goods Regulations 2013.
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Michaelm
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Joined: 15 Aug 2017 12:31

#3 Re: Valid Enforcement Notice

Post by Michaelm » 29 Sep 2017 11:45

The enforcement notice i received is in the standard form and is correctly addressed.

The date of issue is 27 July 2017 and the agents reference nummber is completed.

In the section about the notice that is all completed.

However the section enforcement details all it says is "A liability order has been granted against you on the 21/07/2017 for non payment of National Non Domestic Rates and costs at". I did query the validity and the bailiff has said "We have provided the customer with the date the order was made, the nature of the order and what this is in respect of. I am therefore satisfied the information cotained complies with the requirement to give details of the court judgement, or order or enforcement power.
The notice of enforcement shows what the debt is for (NNDR), who the debt is owed to and the client reference number for the account concerned. I feel this information should be sufficient forn the customer to identify the debt correctly.

I did also query the dates as the notice is dated 27 July however it was not received until 2 August however the notice states the debt must be paid by 10 August 2017, which is not 7 clear days. The bailiff has responded "It is correct to state that Regulation 6 of the Taking Control of Goods Regulations 2013 requires us to give not less than 7 clear days notice before the enforcement agent takes control of goods.
We cannot be held responsible for any delay in the Notice of Enforcement being received. However, we do allow 14 days from the date of posting before the file can be issued to an enforcement agent. By his own admission , has been in possessionn of the Notice of enforcement since 2 August 2017. An enforcement has not yet attended the property to take control of goods. We cannoit therefore be in breach of regulation 6.

Based on the above is the enforcement notice valid?

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Schedule 12
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#4 Re: Valid Enforcement Notice

Post by Schedule 12 » 30 Sep 2017 09:53

Without seeing it hard to say.

Have a look at regulation 7 which gives the form and content of a statutory notice.
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Author: dealingwithbailiffs.co.uk

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