Bailiffs and car

[badgersoutatnight]

I received a demand for council tax totalling £800 from a bailiff. I asked for time to pay and this was refused.

The bailiff has not been into the property but says he can take my car. The car is not on finance and is a bit of an old banger to be honest but it's essential to work.

Does anyone know where I stand with this? CAB just keep reiterating not to let them in which is well and good but it's the car I'm worried about.

I'm trying to work with them, but if they refuse to accept a payment plan and I don't have £800 upfront what can I do? (Rhetorical question by the way.)

user I had a feeling you'd live in London IME many non-Londoners don't know just how dire public transport is elsewhere. Plus, I really don't want to lose my car and pay £800 on top!

Molly I guess that's my best option then. Thanks.

Would you recommend I make payments then molly or no?

If your car is essential to your job then you need to get a letter from your employer to confirm this.

You need to make payments to the bailiff. Why are they refusing your payment arrangement? Have you defaulted on payment arrangements with them in the past?

Hiding the car may buy you some time but will increase your costs.

Cars are popular targets for bailiffs as they tend not to be kept indoors, unless you have a garage you can put it in?! Also bailiffs have to know that the value they get from the goods they have taken are going to cover the original debt plus all of their fees.

Not to the bailiffs no as you will be paying their fees. If they fail to collect the debt the matter reverts to court where ironically you can set up a payment plan which does not include their fees. It is a risk with trying to hide your car but I know people who have done it successfully.

Mollyboom will you please stop talking crap!!!

Bailiffs DO HAVE anpr and have done for quite some time.

OP your goods were bound as soon as you received the Notice of Enforcement. Did you receive this?

If you haven't received the Notice of Enforcement then your first step would be to find out when it was sent and get a copy of it.

YOU CAN TALK TO THE COUNCIL!!!!

The bailiffs are just an agent for the council in this matter and are nothing whatsoever to do with the court. All the court does is authorise the liability order.

Keep doors, gates and windows locked. They are only allowed to gain entry through normal entrances. They aren't allowed to jump fences anymore or climb in through windows.

Check your fees, have the bailiffs actually attended yet or have you just st received the Notice of Enforcement.

I suppose I'm just really worried about them finding the car somehow

Struggling I'm afraid you're not correct about some of the above.

The council really will not engage. I just tried again.

The OP will have to pay the bailiffs fees unless the court write them off at the committal hearing.

Alternatively the court could just decide that there is no reason the OP can't pay the bill PLUS FEES and is just being obstructive and difficult.

They have the option of custodial sentence at this hearing. It's not a way I'd suggest the OP plays it.

I do wonder how it got to this stage. Usually if the person is in work the council just slap an attachment to earnings order following the liability order hearing.

I suspect there is a lot the OP hasn't told us about why the bailiffs don't want to make a payment arrangement.

How do they have ANPR? They can't install cameras on public highways like the police, so it would have to be a bailiff driving around in his van? Anyway I've said my piece. Ideally you should speak to the council but IME once they have instructed bailiffs to recover debt issued under a liability order they won't discuss the matter. If the bailiffs fail to recover then the council can ask for a warrant for you to attend court. Good luck OP x

You didn't ask Yoga

However since the inference is that I am a criminal (?) I changed bank accounts last October. (I'd never missed a payment before) and then my personal life fell into chaos.

The bailiff claim they have contacted me before; perhaps they have, I really couldn't tell you.

I suspect they imagine most people could conjure up the £800 by begging around family and friends but I have no one to ask.

OP then you need to put everything in writing. Phone calls are often useless as they can tell you anything.

You've not answered about the Notice of Enforcement either, this is quite important..........

I did ask twice actually Badgers but no worries.

Have you changed properties? Before a council tax debt gets anywhere near a bailiff company the council have to send at least 3 notices (bill, reminder, reminder2 or final notice and a summons). At the liability order hearing the Magistrate/s will make a liability order and apply council costs.

The council then have to send you a 14 day letter. This letter asks for your offer of a payment arrangement or details of your employer (to make an attachment order).

If this isn't completed and returned then the council will usually pass the liability order to either a tracing service or a bailiff company to recover the debt. At this point the costs start to go stratospheric as the bailiff can make charges for each visit and phone call and van charge and possession order.

The longer it takes the more it costs.

I appreciate that you are in a really difficult position. Effectively you have two choices: engage constructively with the bailiff or hope that they return the liability order to the council and take your chances at the committal hearing and hope that the magistrates chose to write off some or all or your debt and the bailiff fees.

I'd also repeat advice given previously that if your car is essential to your job then you should get a letter from your employer confirming this. Bailiffs are not allowed to take items which are essentials to living (e.g. your oven) or your job (e.g. tools of your trade)

Bailiffs do not have ANPR. And to search for a specific person with it would require a RIPA authorisation - which I do not believe they can do.

Bailiffs do not have ANPR

Yes they do. Strugglingstepdad is absolutely right on this point. See this freedom of information request. And no, it does not require RIPA authorisation as it is neither intrusive nor covert. RIPA s26(4)(a) specifically states that surveillance is not intrusive if "it is carried out by means only of a surveillance device designed or adapted principally for the purpose of providing information about the location of a vehicle".

you do know they can also escualt it to the high court which can force entry and have more powers (and cost you more as there bilsl are often more expersive).

Also its on you to prove items DO NOT belong to you rather then them having to PROVE that they do as in if your listed at address unless you can provide reciepts etc about items in your house they will be treated as yours (shitty piece of law that espically in times of HMOs needs to be updated)