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Baliff right of entry

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cosford | 10:47 Mon 03rd Oct 2005 | Business & Finance
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My husband has a council tax debt, do I have to let the baliff into our house. Although we share the property I have my own financial arrangements and we each pay seperate bills

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No you do not have to let bailiffs into your property.  However, once you've opened the door to them, they have sneaky ways of talking you into letting them in, so it's best not to even answer the door. Bailiffs are able to gain entry to your property 'peacefully', which means they can enter through an open window or unlocked door, so make sure your property is secure. Do you know if the Council has obtained a Liability Order from the Magistrates' Court? They can only instruct bailiffs once they have obtained this order. (If your husband is working, the Council might also try to obtain an Attachment of Earnings Order, which means they can order his employer to deduct the debt direct from his pay.) Bear in mind though, that if the Council cannot get satisfaction of the debt through the use of bailiffs or other means, they will apply to the Magistrates' Court to have your husband comitted to prison. Furthermore, each time the bailiffs visit your property (they will try 5 or 6 times), they add their charges to the Council Tax debt, which can see a modest debt spiral out of control.  

Further to the advice by Miss Zippy, bailiffs can also be operating under a distress warrant.

Here is a guide.

The advice given is sound but I would urge your husband to come to an arrangement with the bailiffs before they coming knocking on the door.  Like someone said, the more visits the more costs and they can be hefty.

I would avoid trying to have to prove what belongs to who in a marital home.

Some companies are better than others, but totally ignoring them isnt necessarily the best idea.  If they get no joy at all, it will be sent back to the council and the next option is action for committal to prison, which will include all of the bailiff costs and extra court costs as well.  It;s also more difficult to come to a payment arrangement at this stage.

If you can agree a payment plan with the bailiff, make sure you stick to it as failed payments make it a nightmare.  Yes, once they have been in, they can get in again by whatever method.  A lot of CABs will advise you to not open the door, but it's not solving the problem, just putting it off.

If you contact the council and suggest an Attachment of Earnings Order they may be willing to recall it from the bailiffs.  This will mean a % amount is deducted directly from your wages which may not sound great, but at least it is sorted.

Sorry to waffle, but Council Tax is one of my old jobs!

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