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Council Tax and Bailiffs
If you are reading this, it is likely you should be posting HERE where you will see this same information replicated. The most important thing regarding bailiffs and Council Tax is do not let them in. As long as you keep your door locked, and your windows shut they are not allowed to force entry to your home under any circumstances, whatever they may claim. Bailiffs lie! It is also a good idea to park your car out of the way, perhaps a few street away. If you are disabled, place your blue badge in the windscreen. Whatever happens, whatever the bailiff says, do not let them in.
If you have been threatened by a bailiff or are worried they may be going to visit you, remember the above, now sit down, relax, have a read and please do not worry.
If you find writing letters difficult and we have suggested below that you write one, please post up on the forum, and we will write it for you.
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Introduction
Council Tax issues are one of the most common cause of people encountering bailiffs. It can be a distressing experience, but remember, as long as you don't let the bailiffs into your property, and they do not levy on your vehicle, the maximum they can charge is just £42.50 for two visits, whatever they may say. They are supposed to abide by the law regulating them, but frequently don't. Please have a read through the following. If the answer you want is not here, post it on the forum and we'll answer it as soon as we can.
Before bailiffs appear at your property, the law states you should have received a Final Notice or Reminder to your current address. If bailiffs have appeared, and you have not received this Final Notice, contact your council immediately, insisting the bailiffs are called off.
Bailiffs collecting Council Tax must be certificated. To check, click Certificated Bailiffs If the bailiff does not appear on this, contact Northampton County Court Bulk Centre on 0845 4085302 between 10.00am and 4 pm or via email (cbregister@hmcts.gsi.gov. uk) on a 5 day turn around. As the Register is not always up to date then even they may not know.
If the Bailiff or his company have divulged the Court the Certificate was granted at then contact that Court and ensure that you specifically ask that the Certificate was in use on the particular date that you are checking on. If the bailiff does not appear, you should inform the bailiff, ask to see a copy of his certificate, and ask in which court he was certificated, and when.
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Excellent Guidelines
The National Standards are very important guidelines and set out a Code of Conduct which bailiffs are expected to follow. They also define those who may be considered vulnerable. In addition, the Guidance on Enforcement of Council Tax Arrears states councils and bailiffs should work with FREE Debt Advisors to help identify vulnerability issues and agree repayment plans.
The National Standards for Enforcement Agents
Guidance on the Enforcement of Council Tax Arrears
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Fees
Again these are clearly set down in law as here:
Fee Scales – the law
In brief, here is a summary of the law:
Visit 1 = £24.50 (£22.50 in Wales)
Visit 2 = £18.00 (£16.50 in Wales)
Levies are charged at:
Debt less than £100 = £24.50
If debt is more than £100:
First £100 = 24.5% unless you live in Wales
Next £400 = 4%
Next £1500 = 2.5%
Next £8000 = 1%
Any more = 0.25%
If a bailiff tries to charge you for something not listed here, the charge is likely to be unlawful and should be challenged. Initially send Letter 1 from the Useful Letters section HERE, then post for further advice.
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Common Questions:
1. What do I do if I’ve had a notice that bailiffs have been instructed?
2.Can a bailiff take my possessions?
3. How much can the bailiff charge?
4. The bailiff is demanding full payment, but I can’t afford it
5. I live by myself, have a disability / illness and I’m scared
6. The bailiff charges are very high. What should I do?
7. How can I check if the bailiff is certificated?
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Answers to Common Questions:
1. What do I do if I’ve had a notice that bailiffs have been instructed?
The first thing you should do is remember the golden rules at the start of this section. If the bailiffs do come, do not let them in. Lock your door, shut your windows and move your car. The bailiffs will lie and cheat to try to gain entry to your house. Do not let them in.
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2.Can a bailiff take my possessions?
In answering this question, the first thing you should do is remember the golden rules at the start of this section – DO NOT LET THE BAILIFFS IN! Lock doors, close windows, and importantly for this question, move your car. Follow all guidance already given.A bailiff collecting Council Tax can only ever remove your possessions if they have first gained peaceful entry to your property. As long as they don’t gain peaceful entry, they are not allowed to force entry. They will tell you they can, and they will lie and cheat to try to gain peaceful entry by asking to use your phone, your toilet, avoid embarrassing neighbours, get out of the cold etc… do not let them in.
They can levy on your car, so it is important you move this. Cars are easy pickings for bailiffs, as they do not have to gain peaceful entry to levy on them (see note below). If they do gain peaceful entry to your property, they should provide a detailed list of items on which they are levying. There are certain things which are exempt such as goods needed for basic living needs, goods clearly belong to children. Such things as televisions, DVD players, microwaves etc…. are likely to be levied upon. You will then be asked to sign a Walking Possession Agreement – any adult who is in the house can be asked to sign this. This basically means the goods remain in your home, but effectively belong to the bailiff who has the right to return and remove the goods for sale. There is also a daily fee incurred for leaving the goods in your home.If things get to this stage, please post up again on the forum – we can help.
Note: A bailiff is not supposed to levy on your car if there is HP outstanding on it or if it is an essential tool for your job, though this is a difficult criterion to meet. There are also several other situations in which they should leave your car alone, most (not all) will consider a car displaying a valid Disabled Badge exempt. In reality, many bailiffs levy, then face any problems later, working on the assumption that you will be so desperate to get your vehicle back you will pay.
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3. How much can the bailiff charge?
In brief, here is a summary of the law:
Visit 1 = £24.50 (£22.50 in Wales)
Visit 2 = £18.00 (£16.50 in Wales)
Levies are charged at:
Debt less than £100 = £24.50
If debt is more than £100:
First £100 = 24.5%
Next £400 = 4%
Next £1500 = 2.5%
Next £8000 = 1%
Any more = 0.25%
If a bailiff tries to charge you for something not listed here, the charge is likely to be unlawful and should be challenged. Initially send Letter 1 from the Useful Letters Section of the Bailiff Stickies, then post for further advice, then post up on the forum for further advice.
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4. The bailiff is demanding full payment, but I can’t afford it!
The first thing you should do is remember the golden rules at the start of this section – DO NOT LET THE BAILIFFS IN! Lock doors, close windows and move your car a few streets away. Follow all guidance already given.
The Guidance for Enforcement of Council Tax Arrears states councils and bailiffs should work with FREE Debt Advisors in order to agree a sensible, affordable repayment plan. If you have any difficulty finding a FREE Debt Advisor, please contact Amethyst, Celestine, Sapphire or Labman who may well be able to help.
After doing this follow the advice below which was current until Monday 17th June 2013 when the above guidance was published. The two together should work towards a resolution.
Firstly, you need to telephone the council to find out:
1. How many Liability Orders they have against you?
2. The dates they were obtained?
3. The addresses they were for?
4. The period of time each covers?
5. How much each one was for?
6. How much is still outstanding?
7. The dates they were passed on for enforcement?
The exact amount owing is the amount of any Liability Order(s) against you is the amount you owe, plus any legitimate bailiff fees. If the bailiff is refusing instalments, work out what you can reasonably afford and sustain. Phone the council, and make sure you are talking to the recoveries section. Tell them what is happening, make your repayment proposal direct to the council and ask them to take the debt back. They are likely to refuse and tell you that you must deal directly with the bailiffs – they are lying, but this is what they may well say. Ask for a copy of the council’s official complaints policy and get the name of the person you are talking to. Ask them, “Are you refusing a reasonable repayment plan on behalf of xxxxx Council? Under what legislation do I have to deal with your appointed enforcement agents?” If possible record this, even if only on a mobile phone.
If the council continue refusing to accept instalments, make your payments via their automated payment systems, either on-line or via their telephone payment line. Stick to your payments religiously every week (even if you are paid monthly – you want to build a quick history of making repayments). After 3-4 weeks ask the council to take the debt back again. During these weeks, the bailiffs will huff and puff a lot and claim they can do all sorts of things to you – they can’t! They will probably produce lists of very scary and distressing fees, threaten forced entry to remove your goods, some even mention using the police and going to jail. Just don’t let them in and keep your vehicle out of the way. Just remember they cannot do any of this. If they won’t take it back still, post on the forum – we can help.
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5. I live by myself, have a disability / illness and I’m scared!
Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 18; they can ask when the debtor will be home - if appropriate.
Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.
Wherever possible, enforcement agents should have arrangements in place for rapidly accessing translation services when these are needed, and provide on request information in large print or in Braille for debtors with impaired sight.
Those who might be potentially vulnerable include:
the elderly;
people with a disability;
the seriously ill;
the recently bereaved;
single parent families;
pregnant women;
unemployed people; and,
those who have obvious difficulty in understanding, speaking or reading English.
If you fall into one of the above categories, you should inform the bailiff that you are scared, and are classed as vulnerable. In theory they should withdraw. If they don’t, write to the CEO of your local council stating you are vulnerable and asking them to recall the debt. If you still have problem, post on the forum, we can help.
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6. The bailiff charges are very high. What should I do?
The fees bailiffs can charge are clearly set down in law, and can be found under the section above headed ‘Fees.’ There are template letters we have provided for you. These can be found in the Useful Letters Bailiffs’ Sticky. You should firstly send Letter 1 - ‘Letter for a Breakdown of Bailiff Fees.’ On receiving a reply, check the fees (post on the forum for help if necessary). If the fees are excessive, send Letter 4 - the ‘Letter to the Head of Revenues’ at your local council.
When you receive your reply from the Head of Revenues, he is likely to back the enforcement agents. If he has, you should now edit and send Letter 5 - the ‘Letter to the Chief Executive Officer of your local council.’ This normally resolves the issue. If you still have a problem, post on the forum - we can help.
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7. How can I check if the bailiff is certificated?
To check, click Certificated Bailiffs If the bailiff does not appear on this, contact Northampton County Court Bulk Centre on 0845 4085302 between 10.00am and 4 pm or via email (cbregister@hmcts.gsi.gov. uk) on a 5 day turn around. As the Register is not always up to date then even they may not know.
If the Bailiff or his company have divulged the Court the Certificate was granted at then contact that Court and ensure that you specifically ask that the Certificate was in use on the particular date that you are checking on. If the bailiff does not appear, you should inform the bailiff, ask to see a copy of his certificate, and ask in which court he was certificated, and when.
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The Law
Councils & Bailiffs must abide by certain requirements when collecting unpaid Council Tax & Business Rates. Underneath is a link to the appropriate Regulations:
The Council Tax Regulations 1992
The Council Tax (Administration and Enforcement) (Amendment) (England) Regulations 2004
