Bailiff Law - Council Tax Arrears

Hi Everyone

I have a single mum who is in arrears with council tax and bailiff is collecting.

The bailiff want £50.00 every fortnight which mum agreed to.  Note mum has language barriers and was petrified when bailiff first visited home and therefore agreed.

We are helping mum and have requested £20.00 per month as mum is claiming JSA.

I am fairly new to bailiff law - does anyone have any advice to offer on how I can get bailiff to accept the £20.00 per month.

Thank you
Razwaana Akhtar
(EDAS Foundation)

Take her to her local CAB and get an expereienced debt adviser to draw up a proper financial statement.

Thank you for your reply.

I have drawn up a proper financial statement, despite which they have declined the offer and are adamant that the client pays the initial £50 per fortnight repayment.

What I was after was any bailiff law or anything of the kind which compels them to accept the £20 per month offer.

I hope this adds clarity to my query.

A crucial point which you haven’t mentioned: have the bailiffs levied on goods? If so, then any arguments or complaints you make, or any instalment your client defaults on, could just make it more likely that said goods will be removed and auctioned. Any advice really needs to be considered in light of whether the bailiffs have got walking possession.

Still, and plunging on ... if the bailiffs haven’t levied, then your client needs clear advice on her rights and the bailiffs’ powers, for if/when they come back. If they haven’t levied, and won’t accept a reasonable offer, then a reasonable tactic might be (depending on all the circs, and your client’s attitude): deny entry, and when the debt is eventually passed back to the council the bailiff fees may be capped, and you can see if the council will accept an affordable offer themselves instead of going for a different enforcement method. A debt advisor would identify other options.

Attachment of earnings or deduction from benefit are done at a relatively low fixed rate, which is partly why councils employ bailiffs in the first place: they are a quick fix, empowered to extract lump sums, on threat of removal of goods. When making an offer, your client may want to keep in mind what these deduction rates are, as without good reason the council may be unlikely to accept less than they could legally deduct from income.

Anyway, there is no regulation that compels bailiffs to accept any particular instalment rate. They aren’t obliged - or inclined - to enter into long-term payment arrangements. There is a bailiff code of practice, basically saying they have to take all the debtor’s circs into account (which may have just been modified, bailiff rules are being overhauled right now). The relevant council may also have a ‘fair debt collection policy’, or similar. Your client could complain if either is being breached. She can ask the council to withdraw the debt from the bailiffs, and ask the council to accept money if the bailiffs refuse to do so. (Be prepared for the council to say that because the debt is with the bailiffs then their hands are tied. Murky contractual agreements between bailiff and council may dictate whether the council can in fact pull the debt back, or in what circs the bailiffs will send it back.)

You can arrange a statutory fixed deduction with the DWP from her JSA.  I think it currently stands at about £3 per week.  If this is done then ask the Council to call the account back from the bailiff.  Again, CAB debt advisers are very experienced at negotiating this kind of stuff.

Just to note that there was a major change in bailiff law enacted this week according to Advice UK - Part 3 of the Tribunals Courts and Enforcement Act 2007 took effect from 6/4/14. Not sure if this has any relevance to your case.

i deal with this a lot. if the bailiffs havent been in the property, don’t let your client make any payments. instead ignore the bailiffs and the account will then get passed back to the council and you can request they apply for deductions from her JSA. once passed back your client wont have to pay bailiff fees

depending on the council (some are more helpful than others) you can contact the council now to explain your client’s vulnerability and request they recover the account from the bailiffs and apply for deductions instead

if the bailiffs have been in then your bargaining powers are much reduced. sometimes if you make a reduced offer and pay it on time the bailiffs often (grudgingly) accept it, particulalry if the debtor has no goods of value so they’re not worth removing

if your client has been levied and has goods of value, she may be stuck with the situation

worth knowing how your own council works

I would also say many people who wernt paying any council tax ( who were on full benefit previously) now have some CT to pay

If that isnt paid council then send to bailiffs after the required reminders/court/liability order

You may be able to get your council to bring it back and do DD and often they are keener if client is now paying as its April its a good time to start it also breaks the cycle of CT debt

£100 CT debt can be £300 plus by the time the bailiff gets it

Councils tend to have an agreement with their bailiff on their collection requirements your local cab may have the copy of that agreement

In addition bailiffs have their own legislation which most will keep

Vulnerability is the key to getting it brought back , if you can show it shouldnt have gone to the bailiff the council may even deal with the bailiffs charges

At the risk of advertising John Kruse bailiff book is my favorite on the subject

Panorama last night anyone?

oh. and if it hasn’t been said already; if the bailiffs haven’t yet been in make sure your client doesn’t let them in and that anyone in the property knows not to let them in as well.

keep doors and windows locked