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Marks theory regarding EA’s recovering Council Tax

This is it :

“A private bailiff acting as a debt collector for the council does not (IMO) have any more powers than any other member of the public. New regs deem that he cannot any longer be deemed a trespasser. What people fail to accept/understand, is that this only applies when he is there, acting in the execution of his duty.”

He is very fond of saying “what people don’t understand”, because he has had a lightbulb moment.

What he, “does not understand” is that most of us have had that “moment” months or even years ago and either accepted it or dismissed it, it is another indication of his belief that he knows things others do not.

Anyway the theory is wrong of course, an EA enforcing a demand for payment of a liability order has exactly the same rights in the first instance as any other EA.

The right to enforce is granted by section 45 of the council tax enforcement regulation, which relies on the power endowed by the local government finance act(an enactment)section 62 of the TCE:

62Enforcement by taking control of goods

(1)Schedule 12 applies where an enactment, writ or warrant confers power to use the procedure in that Schedule (taking control of goods and selling them to recover a sum of money).

and schedule 12 of the same act.

All roads lead to the TCE and section 14 schedule 12 which states:

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

12th June 2015 / Bad advice, Council Tax enforcement, Mark Bowley (JimUK1), Misunderstood legislation

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Schedule One
1 year 2 months ago

Interesting that this fool accuses this forum or Peter of being obsessed, whilst posting on one of the most obsessive crackpot sites on the web, A site dedicated to abusing and telling lies about others,

He has uploaded pictures of 2-year-old children, insulted family and friends who have never even met him, yet allegedly we are obsessed. The man is truly an obsessive fool.

His boss has just lost a claim for £250000 in un-itemised (imaginary)damages, the man has never even seen over thirty quid.

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Admin
Schedule One
2 years 5 months ago

Given Mark’s recent attempts to confuse everyone,

I thought this may be appropriate. This thread is in reference to Mark’s belief that bailiffs who collect council tax have no more powers than ordinary citizens. Best nipping these things in the bud.

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Admin
Schedule One
2 years 5 months ago

Mark, it seems churlish not to advise of your error, especially after all the amusement you have provided tonight.

You said this ” No time limit can be implemented once a LO is obtained.” This is incorrect.

The SOL isn’t the only document that can limit enforcement: is it bright eyes? There, I hope that helps.

Oh and thanks for bringing up the old case law, it was as usual irrelevant, and not exactly new to anyone, but thanks anyway.

Even Ian Olney wasn’t this much fun.

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ron
2 years 5 months ago

Ron the half-pissed expands an error in the second line here 🙂

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John The Baptist
Posts: 459
Joined: 06 Jun 2017 17:22
#4 Re: Enforcement Notice
Quote

Post
by John The Baptist » 25 Feb 2020 08:03
Just to expand on the above post, Section 9 of the LA is not applicable to Council Tax.

No time limit can be implemented once a LO is obtained.

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