question category: Bailiffs

bailifs powers with liabilty order for non payment of non domestic rates?
Submitted on: 15th Nov 2009 by Non-Member | Total Answers: 1

what powers of entry do bailifs have when they have a liabily order from a magistrates court for non payment of domestic rates?

i keep reading about there powers in relation to council tax but cant find any information when it concerns non domestic rates, are there powers the same? can they only enter peacefully, or can they force there way in?

i am in dispute with the council as i do not owe this money i wrote to the courts to let them know this but they have proceded with issuing the liabilty order, on thurday the bailifs came to my home, i was at work they left a letter saying they will be back on monday to remove my property whether i am there or not, can they do this?

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Re: bailifs powers with liabilty order for non payment of ...

The powers are pretty similar as they are triggered by the liality order from the magistrates court.

The main difference is that with council you still have some rights (albeit diminishing) to keep the bailiff out of the house. For debts dealt with in the Magistrates court bailiffs can bring a locksmith but they don't often do it in practice on the first visit. They will of course add charges to the debt for locksmiths, van hire etc.

In my experience you can't keep bailiffs out of non domestic property - shops offices etc.

If you dispute the money you need to address this with the council and the court and get the bailiff's warrant suspended. The bailiff is collecting as an official of court they aren't' usually that interested in arguments.

Submitted on: 17th Nov 2009 by Darren Member

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