Tuesday, 23 June 2020

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.