Council Tax Debts become Unenforceable Overnight..!
Christmas seems to have Come Early… 🎄🎅 🎁
Recently, there was a court case by Wayne Leighton and Bristol & Sutor, a bailiff company acting on behalf of North Somerset Council, over a council tax debt of £1,200 that was ruled on December 21st 2023.
This case was about council tax debt enforcement…
Typically, when people do not pay their council tax, the council can obtain a court order called a "liability order" to allow bailiffs (enforcement agents) to seize possessions to pay the debt…
Bailiffs must follow certain rules under the Tribunals, Courts and Enforcement Act 2007 when doing this…
The Judge in the ‘Leighton’ case at the County Court at Bristol ruled that the document shown by the bailiffs to Mr Leighton was illegal..!
The document only showed instructions from the council to collect the debt. It did not show the liability order from the court allowing them to seize goods, as required by law…
Because of this ‘illegal’ document…
The judge awarded Mr Leighton £4,000 💷 💰 in damages for trespass, assault and false imprisonment, as well as interest and legal costs…
The Judge also declared that the liability order was invalid and quashed it…!!!
The case has been widely reported in the media and online as a landmark ruling that could affect millions of people who owe council tax debts and face bailiff action…
This now sets a ‘legal precedent’…and now means that anyone can use this ‘Case Law’ to stop bailiffs at their door ✋ 🛑 and/or even sue for damages… if the bailiffs do not show the correct paperwork with the liability order…
Normally the liability order would be a written document signed by a judge… 📝
However, courts have moved away from this, tried and lawful method in recent times, allowing oral pronouncements instead, making it harder for bailiff’s/defendants… to get written proof an order exists…
This causes problems for bailiffs trying to show proper paperwork…
The law says bailiffs must provide paperwork in advance before seizing goods…
So anyone can now put Bailiffs and Councils on ‘Notice’ 📝 about the new ruling, preventing them from even visiting…
Additionally, the Judge did not allow harassment damages because bailiffs have some right to "harass" people as part of their job duties while acting legally…
However, without proper paperwork, bailiffs lose their defence against harassment claims…
This potentially makes illegal visits… a criminal offence ⛓ of harassment…!!!
Bullet Point Summary:
- Recent court case (Leighton vs Bristol & Sutor) changes council tax enforcement rules
- Judge ruled bailiffs showed illegal paperwork to defendant
- Defendant awarded £4000 + interest/costs in damages
- Ruling means anyone can sue bailiffs for similar illegal paperwork
- Courts made it harder for defendants to get liability order proof
- So bailiffs now have trouble proving they can seize goods
- People can put councils/bailiffs on notice to prevent visits
- Visits without complete paperwork open bailiffs up to criminal harassment charges…
https://www.legislation.gov.uk/ukpga/2007/15/schedule/12
(1) How Long Can You Be Chased for a Council Tax Debt? - MoneyNerd. https://moneynerd.co.uk/how-long-can-chased-council-tax-debt/.
Bailiffs Council Tax older than 6 years - Dealing with Bailiffs. https://www.dealingwithbailiffs.co.uk/CouncilTaxNDRMoreThan6YearsOld.htm
Christmas seems to have Come Early… 🎄🎅 🎁
Recently, there was a court case by Wayne Leighton and Bristol & Sutor, a bailiff company acting on behalf of North Somerset Council, over a council tax debt of £1,200 that was ruled on December 21st 2023.
This case was about council tax debt enforcement…
Typically, when people do not pay their council tax, the council can obtain a court order called a "liability order" to allow bailiffs (enforcement agents) to seize possessions to pay the debt…
Bailiffs must follow certain rules under the Tribunals, Courts and Enforcement Act 2007 when doing this…
The Judge in the ‘Leighton’ case at the County Court at Bristol ruled that the document shown by the bailiffs to Mr Leighton was illegal..!
The document only showed instructions from the council to collect the debt. It did not show the liability order from the court allowing them to seize goods, as required by law…
Because of this ‘illegal’ document…
The judge awarded Mr Leighton £4,000 💷 💰 in damages for trespass, assault and false imprisonment, as well as interest and legal costs…
The Judge also declared that the liability order was invalid and quashed it…!!!
The case has been widely reported in the media and online as a landmark ruling that could affect millions of people who owe council tax debts and face bailiff action…
This now sets a ‘legal precedent’…and now means that anyone can use this ‘Case Law’ to stop bailiffs at their door ✋ 🛑 and/or even sue for damages… if the bailiffs do not show the correct paperwork with the liability order…
Normally the liability order would be a written document signed by a judge… 📝
However, courts have moved away from this, tried and lawful method in recent times, allowing oral pronouncements instead, making it harder for bailiff’s/defendants… to get written proof an order exists…
This causes problems for bailiffs trying to show proper paperwork…
The law says bailiffs must provide paperwork in advance before seizing goods…
So anyone can now put Bailiffs and Councils on ‘Notice’ 📝 about the new ruling, preventing them from even visiting…
Additionally, the Judge did not allow harassment damages because bailiffs have some right to "harass" people as part of their job duties while acting legally…
However, without proper paperwork, bailiffs lose their defence against harassment claims…
This potentially makes illegal visits… a criminal offence ⛓ of harassment…!!!
Bullet Point Summary:
- Recent court case (Leighton vs Bristol & Sutor) changes council tax enforcement rules
- Judge ruled bailiffs showed illegal paperwork to defendant
- Defendant awarded £4000 + interest/costs in damages
- Ruling means anyone can sue bailiffs for similar illegal paperwork
- Courts made it harder for defendants to get liability order proof
- So bailiffs now have trouble proving they can seize goods
- People can put councils/bailiffs on notice to prevent visits
- Visits without complete paperwork open bailiffs up to criminal harassment charges…
https://www.legislation.gov.uk/ukpga/2007/15/schedule/12
(1) How Long Can You Be Chased for a Council Tax Debt? - MoneyNerd. https://moneynerd.co.uk/how-long-can-chased-council-tax-debt/.
Bailiffs Council Tax older than 6 years - Dealing with Bailiffs. https://www.dealingwithbailiffs.co.uk/CouncilTaxNDRMoreThan6YearsOld.htm
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Might be be worth looking at this first.