A bailiff said the Liability Order is a "Warrant"
Bailiffs call a Council Tax Liability Order a "Warrant" because the Warrant is more police-like.
Bailiffs commonly refer to a Council Tax Liability Order as a "Warrant" due to its resemblance to police-like powers. If a bailiff is directed to recover outstanding council tax and falsely claims to possess a Warrant, it constitutes fraudulent misrepresentation.
TSuch misconduct can be reported to the police for investigation.
The Law:
Regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992 states:
Application for liability order
(1) If an amount which has fallen due under regulation 23(3) or (4) is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, the billing authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.
(2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.
(3) Section 127(1) of the Magistrates' Courts Act 1980(1) does not apply to such an application; but no application may be instituted in respect of a sum after the period of six years beginning with the day on which it became due under Part V.
(4) A warrant shall not be issued under section 55(2) of the Magistrates' Courts Act 1980 in any proceedings under this regulation.
(5) If, after a summons has been issued in accordance with paragraph (2) but before the application is heard, there is paid or tendered to the authority an amount equal to the aggregate of—
(6) The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.
(7) An order made pursuant to paragraph (6) shall be made in respect of an amount equal to the aggregate of—
(1) If an amount which has fallen due under regulation 23(3) or (4) is wholly or partly unpaid, or (in a case where a final notice is required under regulation 33) the amount stated in the final notice is wholly or partly unpaid at the expiry of the period of 7 days beginning with the day on which the notice was issued, the billing authority may, in accordance with paragraph (2), apply to a magistrates' court for an order against the person by whom it is payable.
(2) The application is to be instituted by making complaint to a justice of the peace, and requesting the issue of a summons directed to that person to appear before the court to show why he has not paid the sum which is outstanding.
(3) Section 127(1) of the Magistrates' Courts Act 1980(1) does not apply to such an application; but no application may be instituted in respect of a sum after the period of six years beginning with the day on which it became due under Part V.
(4) A warrant shall not be issued under section 55(2) of the Magistrates' Courts Act 1980 in any proceedings under this regulation.
(5) If, after a summons has been issued in accordance with paragraph (2) but before the application is heard, there is paid or tendered to the authority an amount equal to the aggregate of—
(a)the sum specified in the summons as the sum outstanding or so much of it as remains outstanding (as the case may be); and
(b)a sum of an amount equal to the costs reasonably incurred by the authority in connection with the application up to the time of the payment or tender,
the authority shall accept the amount and the application shall not be proceeded with.(6) The court shall make the order if it is satisfied that the sum has become payable by the defendant and has not been paid.
(7) An order made pursuant to paragraph (6) shall be made in respect of an amount equal to the aggregate of—
(a)the sum payable, and
(b)a sum of an amount equal to the costs reasonably incurred by the applicant in obtaining the order.
(8) Where the sum payable is paid after a liability order has been applied for under paragraph (2) but before it is made, the court shall nonetheless (if so requested by the billing authority) make the order in respect of a sum of an amount equal to the costs reasonably incurred by the authority in making the application.Regulation 45 of the Council Tax (Administration and Enforcement) Regulations 1992 states:
Distress
(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.
(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—
(4) Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the debtor.
(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.
(6) A distress may be made anywhere in England and Wales.
(7) A distress shall not be deemed unlawful on account of any defect or want of form in the liability order, and no person making a distress shall be deemed a trespasser on that account; and no person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress, but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise.
(8) The provisions of this regulation shall not affect the operation of any enactment which protects goods of any class from distress.
(9) Nothing in the Distress (Costs) Act 1817(1), as extended by the Distress (Costs) Act 1827(2), (which makes provision as to the costs and expenses of the levying of certain distresses) shall apply to a distress under this regulation.
(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.
(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—
(a)an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and
(b)a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.
(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.(4) Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the debtor.
(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.
(6) A distress may be made anywhere in England and Wales.
(7) A distress shall not be deemed unlawful on account of any defect or want of form in the liability order, and no person making a distress shall be deemed a trespasser on that account; and no person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress, but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise.
(8) The provisions of this regulation shall not affect the operation of any enactment which protects goods of any class from distress.
(9) Nothing in the Distress (Costs) Act 1817(1), as extended by the Distress (Costs) Act 1827(2), (which makes provision as to the costs and expenses of the levying of certain distresses) shall apply to a distress under this regulation.
The Law:
Section 2 of the Fraud Act 2006 states:
Fraud by false representation
(1)A person is in breach of this section if he—
(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).
(1)A person is in breach of this section if he—
(a)dishonestly makes a false representation, and
(b)intends, by making the representation—
(i)to make a gain for himself or another, or
(ii)to cause loss to another or to expose another to a risk of loss
(2)A representation is false if—
(a)it is untrue or misleading, and
(b)the person making it knows that it is, or might be, untrue or misleading.
(3)"Representation" means any representation as to fact or law, including a representation as to the state of mind of—
(a)the person making the representation, or
(b)any other person.
(4)A representation may be express or implied.(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).