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Debt collection and bailiffs? UK only?

I am in dispute with my local council re. waste collection from my retail shop.

In the past I have used the council waste collection service, which costs nearly £200 per year. As I am closing this month, April, I did not pay the invoices for this year and wrote to them telling them I would not need the collection.

I have not used the service this year and I have so far written to them 4 times explaining the situation, the only response I have had is letters threatening debt collection / bailiffs.

What action can I take if the bailiffs turn up to seize assets, as they are threatening to do?

5 Answers

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  • 1 decade ago
    Favorite Answer

    Legal advice or Citizens advice.

    We can only make a guess at the legal ramifications of council disputes

  • SimonC
    Lv 7
    1 decade ago

    The fact that it is the council you are in dispute with is not relevant in these circumstances. You had a waste collection service that happened to be with the council, but could have been with any other commercial waste disposal service.

    There are 3 potential issues:

    1) When (if at all) did you end the contract?

    2) What (if anything) do you owe them?

    3) If you do owe can they send in bailiffs and what can they do?

    I assume that your agreement with the council required you to give a certain amount of notice if you no longer required their services. Only you know what that is and whether you gave what was required. However, just because you did/do not have anything to collect does not mean you are not liable for those payments. Your agreement will only end when you give the required notice in advance, and not simply because you realise after the event that you did not need it after all.

    Until you give notice and it expires (eg you might need to give 3 months notice) you will remain liable for all the fees due under the agreement until the expiry. You MAY be able to negotiate a lower amount with the council, but this is unlikely because all councils are strapped for cash so they are going to do everything they can to maximise income.

    If you do owe the council cannot just send in bailiffs. This is a regular commercial debt, so they would need to take you to court first. If (when) they win then bailiffs would be one options they could choose to enforce the debt. If all this happens and a bailiff does turn up you are entitled to refuse them entry to your premises. They are not allowed to break in so they would not be able to sieze any assets. If you do let the bailiffs in, or they can simply walk in through an open door or window, then they can identity assets to be taken, and they can break in on a future visit. It becomes a criminal offence for you do dispose of any identified assets.

    Be aware, that whether you let the bailiffs in or not they will add further fees to your debt. And by this stage you will already have had some court fees added, and possibly (depending on your contract) other legal fees as well. Assuming the amount in dispute is less that £200 you would be advised to settle unless you have clear evidence that you did validly end the contract.

  • Anonymous
    1 decade ago

    First of all they can't just walk in but they can come in if you leave a door or window open. My only other advice would be to write to your MP and explain the situation to them but also send a copy of the letter to the council by recorded delivery.

  • 5 years ago

    your perfect way of looking this suggestion out is to pass on your interior sight electorate suggestion beureu, they'll help you with this and inform you what you're able to desire to do. dont wait, do it the following day.....even however its not a severe remember, your licence must be in possibility if u delay greater, and additionally....the debt could in basic terms develop. wish this permits.

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  • 1 decade ago

    Go and see them in person and make them look fer the letters you wrote to them. and take it from there.

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