What can the Bailiff do?
If I don’t let the bailiff in and I refuse to pay, what can you do about it?
Some websites will suggest that you shouldn't make contact with the bailiff, and that nothing will happen.
Remember – the debt will not go away, and we will continue to pursue you for payment.
If you decide not to co-operate with the bailiff, he or she will make several further attempts to obtain full payment, or a short payment arrangement if you can show that you are in financial difficulty.
They will then return your case to us, so we can take further enforcement action. If you still refuse to co-operate, we will apply to the Magistrates Court for a Committal Order. You will be responsible for payment of the additional costs, of at least £240, and you may go to prison for up to 3 months.
Alternatively, we may petition for you to be made bankrupt.
Can the bailiff take all my furniture?
The bailiff cannot take all your furniture, and must leave you with the essential items that you need to live – e.g. table, chair, bed.
He or she will concentrate on items, such as televisions, computers, game consoles, small high value items, and vehicles.
The bailiff would prefer to obtain payment, rather than remove goods for sale at an auction; so you should make a reasonable payment offer, to avoid this. He or she may still “levy” upon goods – make a list of items that they may remove if you do not stick to the payment agreement.
Nothing in the house belongs to me. Will the bailiff still remove things?
People will often say that they have no belongings at a property. Sometimes it is true, and sometimes it is used as an excuse to stop the bailiff from carrying out the job that he is legally required to do.
A bailiff may legally remove any items that they reasonably believe belong to you. So, you will have to prove that the items do not belong to you, to avoid them being removed.
What if the bailiff refuses to make an arrangement with me?
The bailiff has no legal duty to make an arrangement with you, and he or she can remove your possessions, for sale at auction, to pay your debt.
However, they would prefer to obtain payment, so if you are suffering financial problems, they may decide to offer a short payment arrangement – to do this, they will require you to co-operate with them and allow them access to your home to Levy upon (make a list of) goods. This Levy means that they can remove the goods if you default on the arrangement. They will also require details of your income and expenditure.
Why can't I just make an arrangement with the council?
Before deciding to instruct bailiffs, we sent you several notices, asking you to contact us to arrange payment.
You may have chosen to ignore those notices, or you may have made a payment arrangement, but not kept to it.
At this stage, we require more than just a promise of payment. The bailiff will enter in to a short payment arrangement if you can show him or her that you have financial difficulties, but they will prepare an inventory of goods (a Levy Notice), which they will remove if you default on the arrangement.
What will happen if I pay the arrears to the council, but not the bailiff fees?
By law, the any payment that you make will go towards clearing the costs and fees first, so we will tell the bailiff that you have made a payment, and they will continue to collect the balance.
What if I don't think that I owe the arrears ?
If you dispute your liability, or you think you may be entitled to Council Tax Benefit, contact the council immediately. We will check your account, and tell you what information we need to make a decision.