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Ash
Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience:  Solicitor with 5+ years experience
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in the council tax bailiffs, the bailiffs sent me an sms

Resolved Question:

in the council tax bailiffs,
the bailiffs sent me an sms requiring me to pay a sum of money.
i asked them for the court order number as they stated in their sms, but he said there is no order.
am i abliged to pay them and if i do not pay what will happen.
Submitted: 2 years ago.
Category: Property Law
Expert:  Ash replied 2 years ago.
Alex Watts :

Hello my name is ***** ***** I will help you with this.

Alex Watts :

You are only required to pay if there is a Liability Order

Alex Watts :

No liability order, no need to pay

Alex Watts :

But there wont be a claim number like in the County Court

Alex Watts :

Can I clarify anything for you about this today please?

Customer:

Yes please.

Customer:

do the bailiff have the power to enforce the order.

Alex Watts :

Yes

Alex Watts :

If there has been a liability order granted

Customer:

from the council and not from the court

Customer:

can you please return the question so some one els has the chance to answer, many thanks

Customer:

can you please return the question so some one els has the chance to answer, many thanks

Alex Watts :

The Council can NOT grant a liability order, ONLY the Court cna

Alex Watts :

If there is no liability order from the Court then you do NOT have to pay

Customer:

thanks, ***** ***** i do not pay and they increase there charges, what is the solution

Alex Watts :

Correct

Alex Watts :

Its simply NOT enforceable

Alex Watts :

If there has been NO court order the bailiff has NO power

Alex Watts :

You would need to contact the Chief Executive of the Council and inform them what has been going on

Alex Watts :

In short it MUST be the Council which has instructed the bailiff

Alex Watts :

They need to withdraw instructions

Customer:

the Q is if the council do not withdraw?

Alex Watts :

You need a Court injunction to stop them doing anything else to enforce

Alex Watts :

You would need to complete forms N208

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n208-eng.pdf

Alex Watts :

And N161

Alex Watts :

http://hmctsformfinder.justice.gov.uk/courtfinder/forms/n161-eng.pdf

Alex Watts :

You would need to submit this to the County Court and seek an emergency injunction

Alex Watts :

Does that clarify?

Customer:

i paid them £50.00 from a friend card.

Alex Watts :

ok

Customer:

does that mean i am in agreement

Alex Watts :

No

Alex Watts :

Can I clarify anything else for you?

Customer:

one more thing please

Alex Watts :

Yes?

Customer:

what is. You would need to complete forms N208

Alex Watts :

Form N208 starts the process to seek an injunction

Alex Watts :

You complete that and submit it to your local County Court

Alex Watts :

Does that clarify for you?

Customer:

thanks

Alex Watts :

Great. If I could ask you to re-rate my answer before you go today please - if you need more help please click reply

Customer:

do i need a lawyer for that form

Alex Watts :

No, you can do it yourself

Customer:

any tips please

Alex Watts :

You just need to say what order you want and why

Alex Watts :

It is that point there was no liability order granted, hence the injunction

Customer:

ok, which order? why?

Alex Watts :

You want an order (injunction) to prevent bailiff from enfrorcing

Alex Watts :

The reason why is there is no Court order for enforcement for the liability order

Customer:

thanks

Ash, Solicitor
Category: Property Law
Satisfied Customers: 10916
Experience: Solicitor with 5+ years experience
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