Council Tax & Prison

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Syd Snitkin
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Council Tax & Prison

Post by Syd Snitkin » 22 Jul 2015 15:52

Thought I'd stick this here. Courtesy of Mikeymack, there's another report of someone being sent down for not paying a bill: ... story.html

In the 'comments' this is worthy of repeating:
There is information to satisfy beyond reasonable doubt that the authority does not raise enforcement fees on the debtors council tax account. Therefore, despite what provisions are made in the Taking Control of Goods (fees) Regulations 2014, it would be unlawful if monies paid to the council intended to reduce the indebtedness of the council tax liability, was diverted to its enforcement agent.

The same goes for monies paid directly into the account by means of internet banking etc. The council should therefore publish on its website that a debtor can avoid all Enforcement fees, even after their case has been assigned to its enforcement contractor by paying their outstanding liability directly to the council expressing that payment is made for the purposes of reducing the indebtedness of their council tax liability.

A note of caution should also be added that under no circumstances should the debtor engage with the bailiff and any goods such as motor vehicles be kept out of the bailiff's reach (so he is unable to 'take control' of them) until such time as the liability is settled.
And no it wasn't me, but it has nicely summed up the position.
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Schedule 12
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Re: Council Tax & Prison

Post by Schedule 12 » 22 Jul 2015 18:16

We knew that already. Im surprised the link has not been deleted from the CAG board. It goes against their beliefs.

Also. earlier today, a judge nailed a bailiff on the £1350 scam. It was held a vehicle used for trade is exempt and the could not take it just because he felt it was over £1350. The Judge confirmed what the law says. Debtrors have a £1350 allowance of trade goods and by taking the car did not leave him with any allowance.

There is now a claim for damages and the judge even told the bailiff's solicitor the owner of the car had a right to bring a claim. Quite unusual of a judge to give legal advice.

Meanwhile, the car is now on its way home.
I am a paralegal working for solicitors bringing proceedings against bailiffs for non-compliant enforcement action.


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