Writ Of Control for new Debt

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Joined: 30 May 2017 20:43

#1 Writ Of Control for new Debt

Post by Vern » 30 May 2017 20:55

Hello i hope you can advise me
About 7 years ago,my wife (fiance at the time) had a debt for Council Tax,An agent called from Ross and Roberts when she wasn't in,and i refused the Bailiff entry on the grounds she wasn't present and i had property in the house.He had a warrant of control as he'd previously visited the home
He was very aggressive ,and when i refused he said" i'm not here to fight you sir,but if that's the way you want it" he put his clip board down and raised his fist's in a fighting pose.
Any way my wife has paid the debt in full and we heard no more about it.Now i have a new debt in my name, at the same address with the same company.
My question is can they still use that warrant of control to gain entry to remove\take control of goods,or will a new warrant take affect if i allow them entry?
Thank You

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Pote Snitkin
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#2 Re: Writ Of Control for new Debt

Post by Pote Snitkin » 30 May 2017 22:36

New debt so new warrant needed.
Dodgeball on the Criminal Procedure Rules - "FMOTL nonsense". Discuss.

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Schedule 12
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#3 Re: Writ Of Control for new Debt

Post by Schedule 12 » 02 Jun 2017 22:11

Council tax debts are not enforced using a "warrant". A chandlers bailiff in 2014 copped a days time out at court for writing on a document - *WARRANT ISSUED* in respect of council tax arrears. The bailiff was let off with slapped wrists but he was found to be lying because he used the word "warrant" because it sounded more police-like than a liability order.

The bailiff, interestingly enough, when he was told he will be attending court to explain what this warrant was, his reply was "good luck with that". He was represented by a solicitor and had to swallow the whole lot.

There is no power to break entry regarding council tax debt. Parliament already slung out a CIVEA (more likely its former self) amendment enabling bailiffs to break entry.

Parliament knew this would result in soaring social housing costs for the repairs to tenants properties broken into for unpaid council tax.
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