Locksmith Pwers

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Blackshuck
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#1 Locksmith Pwers

Post by Blackshuck » 08 Sep 2017 09:18

Hello,

Just joined the forum. i recently received a summons from Norwich City Council for non-payment of council tax and yesterday I received a 14-day Notice of Enforcement Agent Instruction, . I also received a leaflet on Taking Control of Goods (Fees) Regulations 2014. At one point the leaflet states;

"The following disbursements are recoverable provided they are reasonably and actually incurred....

b) The cost of hiring a locksmith to gain access when using reasonable force to enter them."

I thought locksmiths were not allowed to be deployed in circumstances of non-payment of council tax. Please can someone clarify/

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Schedule 12
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#2 Re: Locksmith Pwers

Post by Schedule 12 » 08 Sep 2017 09:49

Council tax is recovered under a power conferred by a liability order. These only have the power to recover the money owed. It is not authority to enter premises.

If you read the whole paragraph, it says it only applies in accordance with Schedule 12 for the purpose of securing premises.

Under schedule 12, it provides only for the power of entry under provision 15 of that schedule.
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Schedule 12
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#3 Re: Locksmith Pwers

Post by Schedule 12 » 08 Sep 2017 09:50

Council tax is recovered under a power conferred by a liability order. These only have the power to recover the money owed. It is not authority to enter premises.

If you read the whole paragraph, it says it only applies in accordance with Schedule 12 for the purpose of securing premises.

Under schedule 12, it provides only for the power of entry under provision 15 of that schedule.
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#4 Re: Locksmith Pwers

Post by Pote Snitkin » 08 Sep 2017 11:44

Locksmiths can be used in limited circumstances depending on the debt. For council tax debt a locksmith can be used if the bailiff has previously entered and has a controlled goods agreement. If he's never been in your home then he cannot force entry.
On 29/07/17, Compo said "If you are interested I actually typed the word label. My spell checker interpreted it as liable" Discuss.

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#5 Re: Locksmith Pwers

Post by Schedule 12 » 08 Sep 2017 12:26

That has never happened as far I know. Controlled Goods Agreements are seldom used after the 2014 regulations. Bailiffs prefer Clamp & Run.

There is no equity for bailiffs listing worthless nick nacks in peoples homes. They prefer to use the fear of an impending breaking entry - even if there is no power.
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delta157
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#6 Re: Locksmith Pwers

Post by delta157 » 11 Oct 2017 22:15

I have a strange question on this subject if I may.

It goes like this. Since debtors come and go at various properties that they may rent, what if they move out and then a new tenant takes over. The EA then forces entry to take control of the previous tenants property that no longer lives there, would the correct action be part 85 claim?

Cheers

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Michelle
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#7 Re: Locksmith Pwers

Post by Michelle » 11 Oct 2017 23:11

Schedule 12 wrote:
08 Sep 2017 12:26
That has never happened as far I know. Controlled Goods Agreements are seldom used after the 2014 regulations. Bailiffs prefer Clamp & Run.

There is no equity for bailiffs listing worthless nick nacks in peoples homes. They prefer to use the fear of an impending breaking entry - even if there is no power.
Well, I've just seen the bailiffs taking goods on Can't Pay, Take it Away. At the end of the program it was reported that the goods were sold at auction and didn't even cover half of the debt. I was also under the impression that goods other than vehicles were seldom taken, it was more of a threat to push punters to pay.
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Michelle
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#8 Re: Locksmith Pwers

Post by Michelle » 11 Oct 2017 23:15

delta157 wrote:
11 Oct 2017 22:15
I have a strange question on this subject if I may.

It goes like this. Since debtors come and go at various properties that they may rent, what if they move out and then a new tenant takes over. The EA then forces entry to take control of the previous tenants property that no longer lives there, would the correct action be part 85 claim?

Cheers
They don't just force entry out of the blue, you are supposed to get a notice of enforcement to start with, so you'd have a chance to contact them and tell them that the debtor doesn't live at the property.

What you describe happened to a work colleague many years ago, she was renting a property from a landlord of dubious credentials. One day when she was at work, she got a call from her neighbours saying that the bailiffs were at her house and were going to take the furniture with them. They were enforcing a debt incurred by her landlord who had previously lived there. This was long before the 2014 regs and the requirement for a NoE.
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#9 Re: Locksmith Pwers

Post by John The Baptist » 11 Oct 2017 23:54

Michelle wrote:
11 Oct 2017 23:11
Schedule 12 wrote:
08 Sep 2017 12:26
That has never happened as far I know. Controlled Goods Agreements are seldom used after the 2014 regulations. Bailiffs prefer Clamp & Run.

There is no equity for bailiffs listing worthless nick nacks in peoples homes. They prefer to use the fear of an impending breaking entry - even if there is no power.
Well, I've just seen the bailiffs taking goods on Can't Pay, Take it Away. At the end of the program it was reported that the goods were sold at auction and didn't even cover half of the debt. I was also under the impression that goods other than vehicles were seldom taken, it was more of a threat to push punters to pay.
HCEOs regularly remove goods, often selling them - Especially for business debts. Contrary to the inane ramblings from semi-literate armchair lawyers, a writ commands them to do so. Plus, with a sale fee of £525 + 7.5% of anything over the first £1,000, there are huge financial incentives to do so.

I had a look at one of the auctioneers that DCBL use not long back and there was an array of weird and wonderful items listed for auction.

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