Pensioner Jailed for Council Tax arrears

[Carol Anne]

What puzzles me about the case of the lady who was jailed for �56 of arrears, is why prison? Couldn't they have just sent in baillifs to seize her goods to the value of what she owed. They do it with any other form of debt.

[january_bug]

You must have missed this thread earlier in the week.  Enjoy.  :-)

http://www.theanswerbank.co.uk/News/Question146532.html

[Dom Tuk]

Very good question, why not just get the bailiffs in

January....the therad earlier this week did not address this point i think

[january_bug]

No I know, but I thought that Carol Anne might be interested in some of the points raised there too.

[january_bug]

PS - When I replied this morning, I didn't have time to think of a reply to Carol Anne's question, but thought I was being helpful by providing a link. 

[Miss Zippy]

The council's bailiffs would have tried to seize goods from her first, but were obviously unsuccessful. Bailiffs can not enter property using force, so provided all windows and doors etc are securely locked, they cannot get in (they are allowed to go in through an open window though, for example). The council at that stage would then have applied to the Magistrates Court for the woman to be committed to prison.

[january_bug]

So if the bailiffs come round, you can just say "no, don't take my stuff", and that's that?

Of course she could have done what we were doing in my third year at uni, which was to tell the bailiffs that the person they were looking for didn't live there anymore.  They never asked for proof.  I hasten to add that we were being perfectly honest... they always were looking for someone who didn't live there anymore. 

[Miss Zippy]

Not quite I'm afraid; once a bailiff has peacefully entered a person's home, they cannot be prevented from seizing possessions.

[january_bug]

Yeah, I meant if you just said that through the letter box and refused to open the door!  (Whilst keeping all windows closed and locked etc)

[Carol Anne]

Thanks January-bug, I did find the link interesting

[remy lover]

I dont think the bailiffs could have been called in as the debt would have rocketed to include their costs.

I assume the Council took this lady straight to Court.  Surely they would want costs too?

Also I believe there is a Vicar in the same locale serving 28 days for the same offence. What happens when he comes out and his debt is still outstanding.

I think the Mr Brown ? who paid the debt was misguided and the Lady should have served her time.  I bet the Prison Authorities were  treating her very well. Who needs Saga when HMP is available

[Miss Zippy]

The bailiffs would certainly have been called in first.  A magistrate would not commit a person to prison (in these circumstances) until all other avenues have been exhausted.  I used to work with Magistrates advising them on legal procedures and you�d be surprised how many people go to prison for non payment of CT.  It�s just that only the recent cases involving pensioners have received any media attention.