Bailiff seizes doormat
So what went right?
It was worth trying to deal with the Council because they can instruct the bailiffs to accept a lower payment arrangement, or put a hold on bailiff action for 14 or 28 days.
The preparations she made before the first visit were crucial. because if Mr Whalley had got through the door, the story would have been completely different, in fact, once through the outer door, the bailiff would have had the right to force open the internal front door to her flat, or any other in the house.
The same would apply if a Garage or Outbuilding has an internal door leading to the residence, and can apply to the outer porch door of many houses.
Excessive fees Invalid Levy
The bailiff can only seize goods belonging to the debtor, but, case law allows them to assume any goods found on the debtor's premises are the debtor's and seizable. That includes vehicles parked in front of the house.
According to the 2006 amendment to Schedule 5 of the Council Tax Regulations 1992. the doormat levy should have come to £52.79
Mr Whalley added a 24.50 visit fee, and a £100 enforcement fee.
That was fraudulent and bailiffs take a risk when charging excessive fees, because generally people either don’t know their rights or can’t be bothered to work out what the correct fees should be.
The Police and CPS are unlikely to prosecute them.
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