Are You Paying Too Much Council Tax? | This Morning

The new tax year brings with it price hikes in everything from prescriptions to water bills, but if you act now you can save yourself a small fortune. Martin Lewis has all we need to know.

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Enforcement agents do not have the authority to enter onto a persons property for a council tax debt, if so they are breaching Schedule twelve of The Tribunals, Courts and Enforcement Act 2007

It is not that enforcement agents have the incorrect paperwork, it is that they do not have any judicial authorised paperwork.

The magistrates liability order is only a statement that a debt is owed. The same as a County Court Judgement is only a judgement a debt is owed, it does not give the authority for an enforcement agent to enter a property. A warrant of control would have to be gained this would then give the enforcement agent the authority under Schedule 12 paragraph 26. Even so an enforcement agent can not force entry for a council tax debt. They can only enter through open or unlocked doors.

So for council tax liability orders, the liability order does not give the bailiff authority under Schedule 12 of Tribunals Courts & Enforcement Act 2007.

The letter of authority which enforcement agents carry from the council is worthless for the purposes of Schedule 12. His Honour J Harrison unambiguously held it is insufficient as the council letter relates only to Regulation 45 of The Council Tax (Administration and Enforcement) Regulations 1992 and not to Schedule 12 of the Tribunals, Courts & Enforcement Act 2007

SCHEDULE 12 paragraph 66 of The Tribunals, Courts and Enforcement Act 2007 provides the debtor with the remedy in damages.

His honour Judge Harrison stated that, in his judgment a householder is entitled to ask the enforcement agent on what authority he is purporting to enter his property, and the fact that he cannot do so, and refers the debtor back effectively to their client, is almost bound to cause him to be dissatisfied.
In my judgment the enforcement agents are in breach of paragraph 26 of Schedule 12 of The Tribunals Courts and Enforcement Act 2007.