You are living in fear in your own home

The Human Rights Act 1998 took effect on 2 October 2000, safeguarding individuals from any actions by public authorities that are inconsistent with a convention right.

A public authority is considered to act inconsistently with a Convention right only if legislation permits it to act differently or if it is not acting within the bounds of the law.

This principle is applicable to any debt where the creditor is a council or government entity, encompassing the enforcement of:

Council tax

Business rates, if the bailiff is visiting a residential address

Fines from Magistrates' Court

Parking tickets (PCNs) and debts related to traffic contravention debts

High Court writs with a council or government entity as the creditor

You can apply for an injunction if:

The debtor lives at a different address, even if it's with a family member.

The enforcement authority no longer has the power to act.

The outstanding balance has been paid in full.

The debt is valid, but the authority can recover the unpaid amount through alternative methods, such as an Attachment of Earnings.

When specifying the grounds of the application, you must include:

Identification of the relevant public authority

Identification of the breached Convention Right

Commencement date of the breach

Description of the breach, including the monetary demand

Suggestion for a resolution, such as damages or compensation.

Explanation of legal avenues for the authority to consider alternatives or reasons why they should cease harassment or pressure, accompanied by justification for the disputed amount.

Procedure

Notify the bailiff company, bailiff, and council of the breaches of Section 6 of the Human Rights Act 1998, detailing how the council should act. Furthermore, outline the repercussions if they do not comply.

Should the bailiff persist in harassing or pressuring you, pursue an injunction under section 7(1) of the Act by completing a Form N16A, accompanied by a Claim Form, witness statement, exhibits, and a draft order.

The court fee for Form N16A amounts to £385. Individuals with low income can apply for court fee remission online and include the application reference number on their Form N16A..

Attend the court hearing as scheduled.

Serve a copy of the order on the bailiff company and, if known, the creditor.

If the bailiff company complies with the order and agrees to cease harassing or pressuring you, the court will arrange a subsequent hearing attended by the bailiff company and the creditor. At this hearing, the court will determine your costs incurred in initiating the application.

Typically, the defendant bailiff company or creditor must reimburse your costs and damages within a 14-day period.

Template: Notify the bailiff and the council of their violation of Section 6 of the Human Rights Act. Optionally, propose an alternative approach for the council and set a deadline for compliance.

Capture a screenshot of the sent email to document the date and time of transmission.

The Law:

Section 6 of the Human Rights Act 1998 states:

Acts of public authorities.

(1)It is unlawful for a public authority to act in a way which is incompatible with a Convention right.

(2)Subsection (1) does not apply to an act if—

(a)as the result of one or more provisions of primary legislation, the authority could not have acted differently; or

(b)in the case of one or more provisions of, or made under, primary legislation which cannot be read or given effect in a way which is compatible with the Convention rights, the authority was acting so as to give effect to or enforce those provisions.

(3)In this section "public authority" includes—

(a)a court or tribunal, and

(b)any person certain of whose functions are functions of a public nature,

but does not include either House of Parliament or a person exercising functions in connection with proceedings in Parliament.

(4)(Repealed)

(5)In relation to a particular act, a person is not a public authority by virtue only of subsection (3)(b) if the nature of the act is private.

(6)"An act" includes a failure to act but does not include a failure to—

(a)introduce in, or lay before, Parliament a proposal for legislation; or

(b)make any primary legislation or remedial order.

This exemption does not apply when the debt is valid, and the council is unable to recover the outstanding amount through a non-confrontational enforcement method.

For council tax, magistrate's court fines, and traffic-related debts, authorities have alternative enforcement methods at their disposal that do not involve confronting debtors at their homes.

The Law:

Article 1 of Schedule 1 of the Human Rights Act 1998 states:

Protection of property.

Every natural or legal person is entitled to the peaceful enjoyment of his possessions. No one shall be deprived of his possessions except in the public interest and subject to the conditions provided for by law and by the general principles of international law.

The preceding provisions shall not, however, in any way impair the right of a State to enforce such laws as it deems necessary to control the use of property in accordance with the general interest or to secure the payment of taxes or other contributions or penalties.