Council Tax - Recovery

We appreciate that visits from bailiffs can cause distress and we will only use them where we have no other way of getting payment from you.  We will not normally use bailiffs if an alternative method of recovery action is more appropriate. This could be because:

• you have agreed and maintained a payment arrangement with us;
• you are receiving Income Support, Jobseekers Allowance, Employment Support Allowance or Pension Credit Guarantee Credit and Direct Deductions are appropriate;
• you are employed and an Attachment of Earnings is appropriate.

There are two private bailiff companies who work on behalf of Rotherham Metropolitan Borough Council and they are both members of professional bodies, such as the Enforcement Services Association, and the Institute of Revenues, Rating and Valuation.  Every bailiff employed holds a Court Certificate and is properly trained to behave in a professional manner. They will carry official identification at all times, carry written authorisation enabling them to act on behalf of the council and will issue an official receipt for each cash or other payment on request.

Bailiffs are allowed by law to charge certain fees for the actions they take.

If the bailiffs come across potentially vulnerable people such as the elderly or seriously ill, we have asked them to inform us straight away in order that alternative recovery action may be considered.  In most other cases, the council will not be involved - once the bailiff has contacted you, we expect you to deal directly with them.

Procedure

Prior to referring your case to the bailiff the council will have obtained a Liability Order from the Magistrates Court.

The purpose of a first bailiff visit to your property is to:

• agree a repayment arrangement which would clear the outstanding debt, preferably within a maximum of 12 weeks, or;
• list goods which could be taken and obtain, where possible, a 'Walking Possession Agreement' allowing the goods to remain at the property and possession to take place at some later date if adequate repayments not made.

On an initial visit the bailiff cannot force entry into a domestic property but may enter through an unlocked door or open window.

Once a case has been passed to the bailiff you must make a suitable repayment arrangement with the bailiff or make full payment of the debt, including bailiff charges. You must also provide details of your income and outgoings, if asked to do so.

If you make the repayments as agreed, you will not have to pay any further charges apart from those initially incurred.

If the bailiff fails to make contact with you, on the visit to your premises, they will leave contact details. You should contact the bailiff as requested to avoid further costs being added to the amount already owed.

If you are unwilling to agree a repayment arrangement with the bailiff, and do not have sufficient goods that can be taken and sold in auction, further recovery action will be considered. This may include:

• Action to commit you to prison
• An application for a 'charging order' to be placed on your property to ensure payments are made when it is sold. In certain cases the order may be used to enforce the sale of the property
• An application for bankruptcy - if you owe council tax of more than £750 the council is legally permitted to take bankruptcy action against you

In some exceptional circumstances the council will instruct the bailiff to stop recovery action. Such circumstances may include:

• instances where an alternative method of recovery is considered to be more appropriate
• instances where further bailiff action is considered not to be appropriate due to a person's personal circumstances

Walking Possession

This is an agreement drawn up by the bailiff, that you should sign, which allows you to keep the goods listed on the document so long as you make the repayments agreed. If you fail to keep to a repayment arrangement, you will be informed, in writing, of the need to bring your payments up to date within a specified period.

In the event that you sign a 'walking possession' agreement and fail to keep up your agreed repayments, the bailiff will call again. Further costs will be incurred for this visit.

On this occasion, so long as prior warning has been given in writing, the bailiff has the option to force entry into your home and take away the items listed in the 'walking possession' agreement.

What goods can the bailiff remove and take for auction?

The bailiff can only take goods that belong to you. This includes anything other than:

• fixtures and fittings
• goods on hire purchase agreement *
• goods that are rented *
• items necessary for use in connection with your employment, such as trade tools

Household necessities for the family, such as:

• beds and bedding
• children's toys
• children's equipment
• cooker and cooking utensils
• food
• medical equipment
• educational items (but not including computers)
• table and chairs
• heating appliances
• floor coverings
• refrigerator/freezer
• ironing equipment

*The burden of proof in confirming goods are rented or on hire purchase rests with the debtor. Customers should be able to show written documentation that confirms such an arrangement exists.

Contact and Complaints

The bailiff companies that we use are:

Tel: (0844) 701 3980
Fax: (01706) 831 126
Email:info@rossendales.com
To pay Rossendales online

Tel: (0151) 650 4800
Fax: (0151) 650 4999
Email:info@jacobsbailiffs.co.uk

If you need any further information about actions which the bailiffs are allowed to take please contact the council directly on (01709) 336074.

If you have a complaint about a bailiff's behaviour, or the costs you have been charged, please contact the bailiff company at the telephone number / addresses above or, if you prefer, contact the council directly on Tel No: (01709) 336074 or by email to recovery@rotherham.gov.uk

Last updated 22/12/2011