Council Tax Arrears

Statistics from the Department for Communities and Local Government last year showed that the level of council tax arrears across the UK has risen from £2.2bn to £2.5bn since 2009/2010. Councils willingness to use bankrupsy orders has increased significantly. 

Last year, Citizens Advice reported that council tax debt is now the most common debt problem the charity advises on.

Fortunately, there has been a 45 per cent drop in number of payday loan problems reported to Citizens Advice. New regulations were introduced by the Financial Conduct Authority and the regulator took enforcement action against lenders and, additionally, a further drop after the government introduced the cap on payday loans on 2 January 2015.

TIPS FROM THE GOVERNMENT ABOUT DEALING WITH BALLIFFS

What you can do when a bailiff visits:

A bailiff (‘enforcement agent’) may visit your home if you don’t pay your debts, eg a Council Tax bill, parking fine, court fine, county court or family court judgment. This will happen if you ignore letters saying that bailiffs will be used.

You might be arrested if you don’t pay criminal debts, eg fines or penalty notices.

A bailiff may also visit your home for other reasons, eg to serve court documents or give notices and summons.

There are different kinds of bailiffs, known as:

• ‘certificated enforcement agents’
• ‘high court enforcement officers’
• ‘county court and family court bailiffs’
• ‘civilian enforcement officers’

Bailiffs must usually give you at least 7 days’ notice of their first visit.

Dealing with bailiffs:- You usually don’t have to open your door to a bailiff or let them in.

Bailiffs can’t enter your home: by force, eg push past you, if only children under 16 or vulnerable people (eg, disabled) are present between 9pm and 6am or enter through anything except the door

Bailiffs are allowed to force their way into your home to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort.

If you don’t let a bailiff in or agree to pay them: they could take things from outside your home, eg your car, you could end up owing even more money. If you do let a bailiff in but don’t pay them they may take some of your belongings. They could sell the items to pay debts and cover their fees.

Check the bailiff’s identity. Before you let a bailiff in to take your things or pay them, ask to see:

•          proof of their identity, eg a badge, ID card or enforcement agent certificate
•          which company they’re from
•          a telephone contact number
•          a detailed breakdown of the amount owed
•          contact the county court business centre    
•          if they say they’re a certificated enforcement agent
•          check the list    
•          if they say they’re a high court enforcement officer-contact the court that sent them
•          if they say they’re a county court bailiff, family court bailiff or a civilian enforcement officer;

 Paying a bailiff

•          The bailiff doesn’t have to accept your offer.
•          What bailiffs can and can’t take
•          If you let a bailiff into your home, they may take some of your belongings to sell.
•          Bailiffs can take luxury items, eg a TV or games console.
•          things you need, eg your clothes, cooker, fridge
•          work tools and equipment which together are worth less than £1,350
•          someone else’s belongings, eg your partner’s computer

You can ask for proof of a bailiff’s identity and authorisation even if they’ve visited before, eg ask them to put it through the letterbox or show it at the window.

All bailiffs must have a certificate, unless they’re exempt or they’re with someone who does have a certificate. Anyone who claims to be a bailiff and isn’t one is committing fraud. To check a bailiff’s identity:

Find out what kind of bailiff they are from their proof of identity and then:

You can pay the bailiff on the doorstep - you don’t have to let them into your home. Make sure you get a receipt to prove you’ve paid.

If you can’t pay all the money right away, speak to the bailiff about how you could pay the money back.

Offer to pay what you can afford in weekly or monthly payments.

They can’t take:

You’ll have to prove that someone else’s goods don’t belong to you.

What bailiffs can charge:

How much you’ll pay will depend on your situation.

If you owe more than £1,500 you’ll also have to pay a percentage of your debt as an additional fee each time a bailiff visits your home, unless it’s a county court or family court bailiff.

You can get more information on bailiff’s fees from Citizens Advice.

ORGANIZATIONS THAT CAN HELP YOU

•          National Debtline    
•          the Money Advice Service    
•          Citizens Advice    
•          StepChange Debt Charity