Further Information Regarding Council Tax Being Under The Category Of A Priority Debt By Executive Recoveries and Enforcement In London, Greater London
Methods in which Arrears of Council Tax can be collected by your local council will be highlighted in this fact sheet. The council can force you to pay any arrears that you owe making the Council Tax a Debt of Priority. Other debts that are non-priority, for example, credit cards and unsecured loans, must be paid after all Arrears of Council Tax have been cleared.
Who Is Supposed To Pay The Arrears Of Council Tax? More On Executive Recoveries and Enforcement in London, Greater London
The value of your house and the number of adult people living in it determine the amount of Arrears of Council Tax that you are supposed to pay. The bill can be paid by adults whose age is at least 18 years. In the case where there are multiple people living in the house whose age is at least 18 years while the house's owner lives in it too, the owner might be obligated to make payment of the bill. It will be the responsibility to make the payment by your partner and yourself only in the cases where either you have gotten married, are living in the same house under the status of a civil partnership of same-sex or are living with each other in the house. The name given to this payment's category is "Joint and Several Liability". This means that if joint tenants and partners or joint owners have been named in the bill originally made for Council Tax, they would be severally and jointly liable to pay the bill. No one should be asked to make the payment unless they have their names on the bill of Council Tax. The council can send a second bill including names of either a couple member, the joint owner or the joint couple if they are not already mentioned on the issued bill. After doing so, the people whose names are on the bill can be asked to make the payment.
If you live somewhere else and not in the house, you might be liable for Council Tax eve then. This is possible if the house you live in is categorized as a House of Multiple Occupation (HMO) or if no one has occupied it. If you don't know the person whose responsibility is to make The Council Tax payment, you can take advice from your debt advisor or solicitor. In Greater London, the rules of operation regarding bailiffs got changed on the 6th of April, 2014. Get in touch with your solicitor and ask for advice in the case when you don't know the legal status of the bailiff.
Even though bailiffs are called by this very name in the fact sheet, they are also known as "Enforcement Agents". The local council makes a bailiffs' private firm to take Council Tax in London. In order to make up for the debts that you owe, they will sell off your goods at some auction for money after taking control of them. The bailiffs can be authorized by the council to ask for a Liability Order to be made against you with immediate effect. The process used in London by bailiffs is known as "Taking Control of Goods". The bailiffs should be authorized by a County Court through a certificate that is valid making them "Certificated". In Greater London, bailiffs send out a notice of 7 clear days before visiting for the first time. "Enforcement Notice" is the name given to this notice. Some specified days, for example, Sundays, Christmas Days and Bank Holidays, are not included in the mentioned Clear Days.
Bailiff Law Changed And Explained By Executive Recoveries and Enforcement In London, Greater London
This is the way in which the bailiffs' rules were introduced that were introduced on the 6th of April, 2014. It might be argued by some bailiffs that they can go wherever they like and take goods according to the new law. They might also say that under the newly implemented law, they can enter your house without having entered before and also if they were not granted permission to enter when they visited the last time. In the case where the bailiffs say such things, you should reach out to your solicitor and ask for advice.
Should I Let The Bailiffs Enter My House? More Information Regarding Executive Recoveries and Enforcement In London, Greater London
You should not let bailiffs enter your house. They cannot forcefully enter, except:
- When they visited for the first time you let them in;
- They took control of your goods or you didn't keep to the agreed payments;
- They gave you a notice 2 days in advance before the next visit.
Don't open the door for the bailiffs and politely and firmly refuse to them. Make an offer according to your affordability. If they accept the offer, the bailiffs can be asked to go back to the car they came in while you decide to come outside to make them the payment and you should make sure to take a receipt of payment. If you are in Greater London and you have never allowed bailiffs to enter your house, don't unlock your doors. If you are outside your house when the bailiffs come, you can enter through doors that are not locked. You should keep windows locked even though the bailiffs do not have permission to enter through the windows. Your car should either be locked or should not be in sight of bailiffs because they are allowed to take goods that are outside your house. If you park your car on the drive, bailiffs might clamp it. You have the option to park the car at some place other than your house because if bailiffs see it even parked on some public road, they can remove it.
What If The Bailiffs Have Entered Your House Before? Description Of Procedure Regarding Executive Resources and Enforcement In London, Greater London
If bailiffs have entered into your house before, it will be easier for you to handle them by considering the following:
- Usually your goods are not taken by bailiffs on their first visit
- You might be asked for a signature on the "Controlled Goods Agreement". This gives you permission to use the listed items
- If you break agreement rules the bailiffs from London can either take your goods or even forcefully enter into your house
- They must provide you with a notice 2 days in advance before the next visit
- If there was no agreement signed initially, the bailiffs are allowed to take goods with an immediate effect or keep them locked inside the premises
- Bailiffs cannot take control of your goods that have a greater value than your debt amount
Council Tax Bailiffs cannot take the following:
- Household items, such as clothing, furniture and bedding, that are used as a necessity by your family and yourself;
- Items of personal and necessary use in business, education or job such as tools, telephones, vehicles, books and computers are to be valued up to 1350 pounds; and
- Belongings that you or anyone else physically uses and that enable any breach of peace when they get collected.
If bailiffs take goods that are protected you can consider making a claim to court in Hackney, Islington, Chelsea and Kensington stating that you want your goods to be returned
Good that are Exempted
The following items cannot be taken by the bailiffs:
- A cooker or a microwave
- A fridge
- A washing machine
- Chairs and dining table used by your family and you
Is It Allowed For The Bailiffs To Take Goods Of Someone Else? Information On What Can Be Done And What Can't Regarding Executive Recoveries and Enforcement In London, Greater London
In the case where someone else's name is mentioned on the Liability Order, bailiffs can take their goods as well. If that is not the case, they cannot take anyone else's goods, for example, their rented goods. You should let them know that the things do not belong to you if you get a threat from them regarding taking them. A receipt or a credit card can be shown to them to prove it. If there is no receipt available by the goods' owner, a sworn statement known as the "Statutory Declaration" can be enough. In the case where the bailiffs take goods belonging to someone else anyway, a written proof can be provided of ownership of those goods stating that they did wrong by taking the goods. The creditor can then be given the proof by the bailiffs. It will then be the creditor's decision whether he would like to reject or accept this claim. If the creditor rejects the claim, the goods' owner, that is the third party, can take this goods back by applying to the court. A deposit will need to be paid by the third party to the court for this procedure. The taken goods' value will determine the deposit's amount. Bailiffs are allowed to take goods that belong jointly to your partner and you. But if only your name is mentioned in the Liability Order, then they can only take goods that are your belongings alone.
Is It Allowed For The Bailiffs To Take Goods On Hire Purchase Or Conditional Sale? Additional Information Regarding Executive Recoveries and Enforcement In London, Greater London
Legalities involving the scenario where the bailiff forces on taking goods on hire purchase vary or conditional sale.
What Will Happen If You Don't Own Goods? Details of The Procedure for Executive Recoveries and Enforcement in London, Greater London
It might get decided by the bailiffs that the goods don't have enough worth or value for them to bring a van to take them and get them sold. In this case, the bailiffs will later return on a different day in order to take your goods. The maximum duration they have to take your goods from the enforcement date is 12 months. But if there was an agreement to make payment your debts in the form of instalments and even then you don't do it, the bailiffs are allowed to come within 12 months starting from the day the agreement was broken. The value of goods is tallied with your debt amount before bailiffs getting permission to take control of goods They cannot take a much greater amount than your debt unless they think any of your prized belongings, for example your car, should be taken.
What Happens If You Hide Your Belongings? More Explanation Regarding Executive Recoveries and Enforcement In London, Greater London
Permission might be sought from the court by the bailiffs to get into the place where your belongings are hidden but this can only happen if before the goods are hidden they have not been inside your house. If they previously have been into your house and have taken your goods as well, you hiding them might be considered as an offence and you might be charged for it.
Procedures regarding Bailiffs in Islington, Hackney, Chelsea and Kensington
Certain methods are followed by the bailiffs for collecting Arrears of Council Tax:
- Written authorization and identification by the Council must be presented by them when they arrive. If requested, they are supposed to show it
- A letter must be left behind by the bailiffs explaining their reason for visit and the actions they took according to the law's stipulations
For example, you can be given a notice by the bailiffs stating the following:
- What they plan regarding visiting you;
- Day on which they took your belongings;
- When they plan on entering your premises again after the last entry
In London, the letter or paperwork must contain all the information required according to the strict rules. In the case where you do not get the proper paperwork by the bailiffs, you can think about complaining or taking a legal action.