Before a council may instruct bailiffs to attend, they must apply for a liability order,[1] and request a summons to the debtor to appear before the court to show why he has not paid the sum outstanding.[2]
This step may only taken after the council has served a reminder notice on the debtor,[3] or, served on the debtor, whom a liability order is to be applied for, a final notice.[4]
The reason bailiffs contacted you is they have traced you from a previous address, which is contrary to guidelines that states the council must not issue a liability order knowing that the debtor is not at the address, to trace the debtor at no cost.[5]
If the address on the liability order is not your correct address, then you can prove that service of the summons,[2] has not been effected by the ordinary course of post,[6] by showing evidence of the date you occupied your present address.
If bailiffs contact you without the council giving a final notice or a reminder beforehand, then you may ask the council to stop the enforcement, and if enforcement has taken place, you may recover damages for the breach,[7][8] and recover costs.[9][10]
When the council stops the enforcement,[11] you are not liable for the bailiffs fees and charges.[12]
Template Stage 1 Formal Complaint, Cease Enforcement
Send the formal complaint to the Council head of finance and get a certificate of posting from the post office.
Give a copy of the formal complaint to the bailiff company by email and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the formal complaint by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
[1] Regulation 34(1) of the Council Tax (Administration and Enforcement) Regulations 1992
[2] Regulation 34(2) of the Council Tax (Administration and Enforcement) Regulations 1992
[3] Regulation 23(1)(c) of the Council Tax (Administration and Enforcement) Regulations 1992
[4] Regulation 33(1) of the Council Tax (Administration and Enforcement) Regulations 1992
[5] Paragraph 12 of the Taking Control of Goods: National Standards
[6] Section 7 of the Interpretation Act 1978
[7] Section 3 of the Torts (Interference with Goods) Act 1977
[8] Section 4 of the Torts (Interference with Goods) Act 1977
[9] Civil Procedure Rule 46.5
[10] Practice Direction 46.5 Rule 3.1
[11] Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[12] Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014
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