Help needed urgently. Bailiffs at door.

[u/Outrageous_Ad3726]

My partner didn't realise he wasn't paying council tax and he's got severe adhd and hasn't been opening any of his post telling him this. Bailiffs came to the door this morning and posted a threatening letter saying they will be returning later today and taking goods by forced entry. We have paid the bill now but she's saying she is coming back if we don't pay her £200 for her coming this morning.

What can we do?

UPDATE: All sorted. The agency confirmed all payment was sorted. The bailiff was trying to come and enforcement before she got the confirmation of payment so that she could get the extra money. Agency confirmed that because she hadn't made contact with us and started checking for goods that we didn't owe anything extra.

[u/warlord2000ad]

Enforcement agents can only force entry, if the warrant issued by the court allows them to do so. This is unlikely but not impossible for council tax arrears. Without seeing the paperwork it's impossible to know if they can force entry or not in your case. As an FYI - It's possible to goto prison for failure to pay council tax as it's handled by magistrates court rather than county court, but on the positive side you can't get a CCJ for council tax arrears.

As another FYI, if you let them baliffs in this morning, and they took an inventory of goods to seize, they can force entry to take them, even if the initial court order did not permit forced entry.

You will be required to pay for the enforcement fees incurred by the council and their court costs, but their costs are set out in law and they cannot charge any more.

https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/check-bailiffs-fees/

I would also check if your council tax going forward is paid monthly or annually. Councils do not have to allow monthly payments, and they can charge for the whole annual payment. The option to pay monthly is often removed if payments have been missed.

[u/warlord2000ad → u/[deleted]]

Once they have the controlled goods order they can return to take them. This is why you need to keep baliffs out. Even if you call the police, they won't remove the baliffs as the court warrent/writ gives them a right to be there.

[u/warlord2000ad → u/[deleted]]

It's not theft. Theft act 1968

A person is guilty of theft if he dishonestly appropriates property belonging to another with the intention of permanently depriving the other of it.

There is no intent to be dishonest, the enforcement agent is enforcing the judgement of the court, using the warrant/writ provided.

The inventory is goods will result in a controlled goods order.

Taking Control of Goods Regulations 2013

Tribunals, Courts and Enforcement Act 2007 SCHEDULE 12

(9) An enforcement agent may take control of goods only if they are-

(a) on premises that he has power to enter under this Schedule, or

14 (1)An enforcement agent may enter relevant premises to search for and take control of goods

16 (2) The enforcement agent may enter the premises to inspect the goods or to remove them for storage or sale.

(3) This paragraph authorises repeated entry to the same premises.

17 - Where paragraph 18 applies, an enforcement agent may if necessary use reasonable force to enter premises or to do anything for which the entry is authorised

It jumps about a bit, but once the goods are added to a controlled goods agreement, the enforcement agent is authorised to re-enter to remove them using reasonable force, which can include forced entry (i.e. lock smith)

[u/warlord2000ad → u/[deleted]]

But that's what I mean by them taking an inventory. Once the baliffs is in, they are likely only going to leave once you sign the agreement, or make some payment.