Is this legal?
By dorypanda
@dorypanda (1601)
May 23, 2008 4:09am CST
If a person has had an 'attatchment of earnings' sent to their employer (for council tax) then the council don't take the money and don't contact the person who owes the money to say the didn't or couldn't collect it, then do they have the right to send a bailiff round to collect the outstanding amount in full?
If it has got to the point where a bailiff has called and listed goods for sale, can the debt collection company then auction off the listed goods IF there has been an offer of payment, say £70 per month? Even if the offer has been rejected by the collectors but is being paid by the ower anyway?
(If you don't understand this discussion let me know and I'll clarify, any help on this matter will be greatly appreciated, thank you)
1 person likes this
2 responses
@p1kef1sh (45681)
•
23 May 08
I would say that there had been a failure of process and that the person owing the money should at least be able to delay the bailiff. However, if an offer has been made, then the Council should not send in the bailiffs without first considering what is being offered. I will come back if and when I know a little more.
2 people like this
@pumpkinjam (8876)
• United Kingdom
23 May 08
I should agree with all fishes. It is certainly an unfair situation and I would have thought it was not legal although I would also have thought that taking money that's not there and leaving people unable to feed their children would be illegal but our local council appear able to do that with the backing of the local court.
It is quite difficult to figure it out because any normal person would think that an offer of payment should be considered an attempt to repay any debt and, as far as I know, this would be accepted by a reputable organisation but government agencies do appear to have their own version of the law.
I hope you get it all sorted.
