Stop Council Tax Bailiffs

Any of the following:

Pay the council tax arrears online and get a receipt

Dispute the liability with the council

Deploy Pay & Reclaim

Deploy "Magicians Choice"

Revoke the debt and the enforcement by running an enforcement compliance check

 

 

 

Pay the arrears online and get a receipt

That causes the enforcement power conferred under the liability order to cease to have effect.

Pay it in person take a witness with you and get a receipt.

If the enforcement agent has been instructed, then unfortunately, you are liable for the £75 'compliance stage fee'. If the bailiff has attended then a further liability of £235 applies. You can only escape it if enforcement regulations have not been adhered. See this checklist.

 

NOTE:

Always be careful if paying online because online payments generally get allocated to the current year's council tax, not the arrears.

Instruct the cashier that it is to be credited to the arrears.

The council is legally required to take payment and enforcement must cease. Regulation 45(3) The Council Tax (Administration and Enforcement) Regulations 1992 and Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014

 

Paragraph 58 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

 

(1)This paragraph applies where the debtor pays the amount outstanding in full

(a)after the enforcement agent has taken control of goods, and

(b)before they are sold or abandoned.

(2)If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.

(3)No further step may be taken under the enforcement power concerned.

 

Paragraph 59(4) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states;

If the step taken is sale of any of the goods the purchaser acquires good title unless, at the time of sale, he or the enforcement agent had notice that the amount outstanding had been paid in full.

You must tell the bailiff the amount outstanding has been paid

 

Paragraph 31 of the Taking Control of Goods: National Standards 2014 states;

Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable

 

NEVER pay the bailiff. Otherwise your money goes straight in his pocket under a pretence he "seized" the money under paragraph 50(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

Paying the liability direct with the council only avoids bailiffs fees that have not been incurred up to the point the council tax is paid. Regulation 4(3) of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff can recover the fees for each enforcement stage started - even if that stage is not completed.

If the council fobs you off with "contact the bailiffs" the get your local councillor involved, you will be surprised as some can really work the magic and stop illegal bailiff action.

If a bailiff takes, or has threatened to take enforcement step after you paid the amount outstanding, then contact me. We can bring an action under paragraph 66(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 for breach of paragraph 6(3) of that Schedule. Legal fees cost you nothing because the bailiff company is liable on an indemnity basis. He breached a provision in the Schedule 12 enforcement procedure, and they have Professional Indemnity Insurance for this.

 

 

 

Dispute the Liability with the Council

If you are not liable for the council tax demanded, then challenge it with the council

 

 

 

 

Deploy Pay & Reclaim

Pay & Reclaim involves clearing the debt and taking the bailiffs out of the loop.

You then reclaim the money from the council through the courts at your own pace.

Refuse entry into your home by giving this notice.


 

Magicians Choice

See how Magicians Choice works

 

 

Run an enforcement compliance check

See this checklist