Council gave bailiffs ours address for our daughter's council tax debt

[geobar]

Our daughter hasn't lived with us for over two years and apparently clocked up around £150 of council tax debt while in Manchester. The first we knew about it was when a bailiffs letter arrived followed by a visit followed by letters threatening court orders and the removal of property within a week. We have complained to Manchester City Council that our daughter hasn't been resident here for a long time but they say a search has shown she still has several live accounts registered to our address. How can we make the council contact the bailiffs to remove our address from this process? The council insist this is sufficient proof of residency.

 

We are also worried the council has linked our address with a bad debt causing a poor credit history to be attached to it though they say this will not happen.

 

Our daughter is in temporary accommodation working in another part of the country and as far as we know hasn't given the the council her current address. We are not in regular contact with her at the moment as she doesn't have a phone at present.

[ploddertom]

The Bailiff may only seize the goods that belong to the debtor. I assume therefore there are none or very few of her possessions at your home. You may swear a simple Statutory Declaration to the effect that all the goods within your premises are yours and that your daughter resides elsewhere. There is no law that says you have to give them her details. The Stat Dec can be sworn at any solicitors - no appointment needed - cost £5/£10 and ask for 4 copies. Send 1 to MCC, 1 to the bailiffs and keep the other 2 handy should you get unwarranted visitors, you let them have a read and ask they quietly leave your property.

[brassnecked]

Send the bailiff's a council tax bill naming you as the tax payer, and possibly, to avoid any ambiguity and deny them any wriggle room swear a Statutory Declaration, costs £5 -£10 at a solicitors, that all goods and chattels in and around the premises are yours, and that nothing belonging to the "named debtor" your daughter is there. If they then persist, Formal Complaint to Head of Revenues, copied to CEO, Leader councillor and MP, other Caggers will have further or alternative suggesyions

[brassnecked]

Crossed in posting PT, thinking alike.

[outlawla]

....Caggers will have further or alternative suggesyions

 

Just one.

 

Send the council a bill for the £10 solicitor's cost plus an added amount for the trouble.

[brassnecked]

Just one.

 

Send the council a bill for the £10 solicitor's cost plus an added amount for the trouble.

Then follow up with a letter before action, warning that they may end up with a CCJ, that may go to bailiffs..... No seriously, an option if the council and bailiffs act like muppets and carry on with attempted enforcement in spite of a Stat Dec.

 

Is Manchester council a CapQuita council I wonder?

[geobar]

Just a big thank you to all who have read our posting and have replied. The last letter we received from the bailiffs said they were planning to remove goods within one week and would be coming with a contractor to do so but they haven't even sought a court order, we we understand they would be obliged to do.

 

I think they act on the assumption that intimidation works.

 

Thank you.

[ploddertom]

When they say they may remove goods in your absence they are partly correct but forget to mention this is for any of your goods that may be lying loose outside such as quality garden furniture, bbq or possibly a car. You have to look closely at what they say as most say - might, may etc and not will.

[brassnecked]

They may still turn up and levy a car, or as PT says garden furniture or the shed, but it is all for nothing as the stat dec will send them on their way with nothing.

[geobar]

They do indeed use the word 'may'. We will be getting the statutory declaration as suggested - Many thanks!