Bailiffs and Council Tax Arrears

Bailiff council tax arrears and Poll Tax are usually collected by private firms of bailiffs on behalf of your local council. They try to take your goods away and sell them, usually at auction, to raise money to pay the debt. The process they have to follow to say they want your goods is called ‘distraining’ or ‘levying’.

If the bailiffs are distraining for Poll Tax or council tax arrears, there are certain procedures that they have to follow. They must have with them:-

1.   Written authorization from the council for them to call. They should show you this if you ask.

2.   They must leave you a copy of: - The law setting out their powers and what they can and cannot do. These are the "Enforcement
Regulations".

3.   The charges the bailiffs are allowed to make for each visit. You should check they have not added too much on to your debt. See the schedule at the end of this fact sheet.

4.   Any agreement you have actually signed. This will be called a "Walking Possession" agreement and includes a list of goods the bailiffs have warned you they may take.

You can try to make an arrangement to pay the debt back at a rate that you can afford. You can offer the money directly to the bailiffs, although it is easier to get them to accept your offer if they have never been into your home. Always get a receipt for any money you pay. Bailiffs cannot send you to prison. If the bailiffs have never been into your home and they will not accept your offer, all they can do is to pass your debt back to the council. It is important to make an arrangement to pay the council, or they may try other ways of recovering the money, such as taking money out of your wages or your benefit.

If you have missed your council tax payments or have frequently paid late we highly recommend you consult professional council tax advisors, such as the My Bailiff Advice in UK.

Source & Reference:  https://mybailiffadvice.wordpress.com/2020/06/23/bailiffs-and-council-tax-arrears/

How do you deal with bailiffs?

Dealing with bailiffs council tax - Bailiffs come to your house to try and get you to pay the money owe in a lump sum, however, if this is not possible, they will seize your goods to sell at auction to raise funds to repay what you owe. If you received a notice to say the bailiffs will be visiting your property, do not ignore this notice. You should get advice immediately. If you do ignore notices from bailiffs, they will apply fees on top of your existing debt which in effect increases the amount you owe.

On the first visit, a bailiff cannot gain forceful entry into your property, this includes breaking down doors and windows to gain entry and they also cannot push past you to get into your home. Bailiffs can only gain peaceful entry, which means, they are permitted to gain entry through an unlocked door or window or if you allow them entry.

Initially when a bailiff enters your property, they will not immediately take your goods away. They are more likely to place a levy on your goods which will give you time to get the funds you need in order to pay what is owed.

Placing a levy on goods means that the goods are claimed by the bailiff, but they will allow them to remain in the property during the time they give you to gain necessary funds. Although a bailiff does have the right to take the goods away, if you sign a walking possession agreement which allows the bailiff to list items in your home which can be sold at auction, they will leave the goods in the home.

If you do receive a notice that a bailiff intends to pay a visit to your property, seek free debt advice UK immediately so that you are aware of your rights as well as what could be done to resolve the situation.

Sometimes repayment agreements can be made if you respond quickly enough. Get in touch with the court or your council office or whoever you owe money to; to see if you can come to some kind of repayment arrangement which then will prevent the bailiff from visiting your home and taking your goods.

Source & Reference: https://mybailiffadvice.wordpress.com/2020/05/25/how-do-you-deal-with-bailiffs/

Bailiffs - Things You Must Know

A bailiff is a person appointed by the court to collect debt from the defaulters. He has the authority to seize your belongings if ordered by the court. A bailiff comes to your home if you could not come into an agreement with the court regarding the payback of your debt. If a bailiff comes to your home, he is supposed to follow a set of procedures and rules to ensure that you are treated fairly.

A bailiff is supposed to show his identity card to you when he is at your door. He can enter your premises if or any responsible adult invites him. He is not supposed to use force. A Bailiff at my door if he finds an unlocked door, but he cannot push past people to gain entry. He is not supposed to break locks, doors or windows. Just as a bailiff does not have the right to enter your house by force, you are not allowed to remove a bailiff by force once he is in. This is considered to a serious assault and a police charge might be pressed on you.

If you are complaining about bailiff sent from a private firm, then talk to the legal authorities who have appointed them. For County Court bailiffs, complaint should be made to the Manager of the County Court. Complaints about council tax advisors should be lodged to the Council office. Lastly if the bailiffs are sent to collect fees for criminal charges then you may complain at the desk of Clerk of the Justices of the Magistrates' Court.

The best way to live debt free is to be honest and upfront with your creditor as soon as you find out that you are struggling to repay. In this way, they are more likely to be understanding and might set up a repayment plan that you can afford each month. If it still gets to the stage where they inform you that they are going to send a bailiff, get in touch with them as soon as possible and find out an alternative solution.

Source & Reference: https://mybailiffadvice.wordpress.com/2020/04/10/bailiffs-things-you-must-know/