Council Tax

Guaranteed Stop Bailiff Action in 24 hours

We can stop bailiffs taking things and stop bailiff taking your car.

We have  extensive experience of working with local authorities, we have successfully negotiated with Councils to bring cases back to their administration and remove all bailiffs and bailiff fees. We have arranged for our clients to make AFFORDABLE payments directly to the Councils. This is becuase certain government legislations and case law allows for the Council to take cases back to its administration and accept direct payment to clear your outstanding arrears.

Do NOT offer the bailiff any payment or get into any payment plan with them, no matter how reasonable offer you make, from experience we can tell you, Bailiff will refuse it and make unreasonable demands. Call us immadiately we can arrange an affordable payment plan for you to pay directly to your Council. REMEMBER statutory Instruments prohibits bailiffs/enforcement agents from making UNREASONABLE DEMANDS. We have helped lots of people have their matter removed from the bailiff, remove bailiff fees and returned to Council’s administration, where the outstanding council tax arrears were paid to the Council directly!

Now we hear you asking “I contacted my Council to make direct payment to them and they referred me to the Bailiff? We can get around this by directing them to appropriate case law and legislations, which most Council Tax advisors may not know due to lack of training or he just felt good by getting you harassed by his agent. But the Council knows it has a statutoty duty to manage bailiffs/enforcement agents working on their behalf and their behaviour…

We will ensure your case is returned to the Council and arrange direct direct payments to your Council. Call us on 020 3603 1183

Bailiff Advice.

When you first in contact with the bailiff, normally by telephone or at your door steps, because bailiff hand delivered a letter [enforcement notice] demanding immdiate payement or else bailiff breaking into your home. You must equip yourself before you wet your pants & rush to answer him:

  1. Use a smart phone i.e. Android or iPhone etc.
  2. Download Smart Voice Recorder for Andorid /iPhone
  3. Record the full conversations, bailiff’s threatening behaviour/abusive lanaguage/pressure for payment etc.
  4. Keep him on the line and it PLAY back to him – now according to the bailiff you’ve committed a criminal offence by recording him because he is above the law.
  5. Actually, you done the smartest thing and he is continuing with his criminal conducts by directing you to a law that does exist.
  6. Once you’ve finished talking to the bailiff, fun begins! send a copy to the Council’s Chief Executive, Local MP, Your Councillor, upload a copy on Youtube & one to us at admin[at]bailiffclaimmanager.co.uk
  7. A smart Council will take the bailiff and his company to task, and often the bailiff Company has lost their Contract with Council at the next renewal date.
  8. If you continue with the pressure through your MP & Councillors the result could be sooner.

Council Tax Bailiff & charges.

Council tax bailiffs can charge you the following fees if they start the type of action described.

  • £75 for being instructed by the creditor, carrying out initial checks, investigations and receiving payments.
  • £235 to cover visiting and entering premises and taking control of your goods.
  • £110 to cover attending to remove your goods for sale, valuing them and arranging for them to be sold.
  • The cost of storing goods which the bailiff has removed.
  • The cost of hiring a locksmith, if one is needed.

If your debt is over £1,500 or if your goods are sold at auction, further fees can be charged. Contact us for advice.

 

Policy issues or obligations to comply with own published guidance or interrelationship with the local authority ombudsman.

When recovering debt, councils need to consider public policy and law. They must consider fairness to those who do pay and the consequences if a person is allowed to avoid payment. Public law requirements are:

  1. to act fairly
  2. to act proportionately
  3. within the law
  4. make decisions properly
  5. comply with statutory duties in relation to disabled people including those with mental health issues

Each local authority has its own debt recovery policy which needs to be considered alongside the parameters of legislation covering the collection and recovery of council tax and business rates. Consideration must also be given to:

  1. the Data Protection Act 1998, see Practice Note: Data protection—background and key definitions
  2. the Human Rights Act 1998, see Practice Note: An introduction to the Human Rights Act 1998
  3. council policy in respect of diversity, equal opportunities, social inclusion and equality impact assessment Public sector equality duty
  4. internal financial controls when pursuing or writing off a debt
  5. the proportionality of legal costs of recovery versus the amount of debt owed

When considering the appropriate recovery action the council must consider all factors known and use information from its partners and agents before reaching a decision.

The Department for Communities and local government has produced guidance on good practice in the collection of council tax arrears. Such guidance extends to:

  1. avoidance of enforcement action wherever possible
  2. warning about the implications of not paying
  3. providing clear information about the enforcement process
  4. providing information about debt advisers
  5. recognising and providing support to vulnerable debtors
  6. transparency in costs and charges levied

While local authorities are under pressure to recover debts, they must also consider the financial circumstances of an individual and provide support and where possible will try and achieve a long-term solution.

Councils have differing objectives in respect of the recovery of debt however the main objective is to maximise income for the provision of services and in doing so they must ensure fair treatment to all debtors.

The local authority ombudsman has also provided guidance on good practice which encourages customer care and quality assurance. One of the most common reasons for findings of maladministration is failure to comply with legal requirements and the guidance urges councils to ensure all staff are trained and updated. A criticism is that councils fail to follow their own internal policies and guidance, however with so many differing policies, guidance and guidelines councils face tremendous pressures when considering whether to enforce a debt.

Schedule 2 of the Local Government Finance Act 1992 (LGFA 1992) provides regulations in respect of the collection of council tax and likewise LGFA 1992, Sch 4 provides further regulation in respect of liability orders and enforcement.

Councils should consider the implications of recovery methods taking into account the debtor’s circumstances. While many ombudsman complaints have stemmed from maladministration in bankruptcy proceedings, the threshold has increased therefore bankruptcy may no longer be an option for many councils see overview: Insolvency Overview. Attachment of earnings can only be obtained if the debtor is in employment. A charge against a property can only be obtained if a council tax debt is over £1000 and incurred on that property. Councils also have the option of committal to prison as a method of enforcement however this will only result in more cost to local authorities and no real prospect of recovering the debt.

Baliff Claim Managers has extensive experience of working with local authorities.  We have developed close working relationships enabling us to negotiate more appropriate solutions on behalf of our clients that are acceptable to both parties. Please contact us on 0113 858 0098 or email at assess [at] bailiffclaimmanager.co.uk

Do you have to let the bailiff in?

You don’t have to let a bailiff into your home, even if they say that you do. However, if you want to stop bailiff action, you will need to take steps to deal with the debt you owe. You could do this by contacting your creditor, speaking to the bailiff through the letterbox or a window, or leaving your home to talk to the bailiff outside. CONTACT US IMMEDIATELY 0203 603 1183.

Do NOT offer the bailiff any payment or get into any payment plan with them, no matter how reasonable offer you make, Bailiff will refuse it and make unreasonable demands. Call us immadiately we can arrange an affordable payment plan for you to pay directly to your Council. REMEMBER statutory Instrument prohibits bailiff/enforcement agents to make UNREASONABLE DEMANDS. We have helped lots of people have their debts removed from bailiffs and returned debts to Council’s administration, where the outstanding council tax arrears were paid to the Council directly!

However, even if you refuse to let the bailiff in, they may find another way to get into your home. For example, if you’ve left your back door unlocked, the bailiff might get in that way. If you have an outbuilding like a shed or garage on your property, the bailiff can enter them, if they are unlocked. The bailiff can only get in using a usual means of entry such a door, and so cannot climb over walls or through windows. The bailiff can only use peaceful entry to get in, which means they can’t usually use force.

Bailiffs can sometimes use force to get into your property, but in very limited situations,   Section 6 of the Criminal Law Act 1977 Threatening use of a locksmith without authority to break entry.