Bailiffs
Once we have a Liability Order against you, we may choose to use a Bailiff to recover your debts. They can take stock and goods or may come to a payment arrangement.
If no contact has been made all outstanding cases (this include cases where just the costs remain unpaid) are referred onto our local company Ross & Roberts Ltd (contact number 0870 167 0707) usually on the day of the court and under our instruction they issue 14 Day Letters and financial statements. If you pay the debt in full to them or enter into a mutually agreeable payment arrangement within this period no further costs will be incurred. If you have any problems in setting up an agreement during this period please contact the Recovery Section direct on 01984 635247 for help.
Please be aware if you default on any arrangement or do not make contact the Bailiff they will make a personal visit.
This may result in the Council instructs bailiffs to take some of your possessions to sell in order to pay off your debt. These are sold at a public auction. Your possessions will be taken by a certificated bailiff (approved by the Court), at any time of the day and wherever you happen to be situated.
Usually, the bailiff will visit your home with the intention of collecting cash or a cheque from you to pay of your Council Tax debt. It may also be possible to set up instalments with the bailiffs - but they are not obliged to do this.
In many incidences, where the action goes ahead, the bailiff makes an 'actual seizure'. This means that the bailiff arrives and immediately removes goods from the premises, however, it is possible for the bailiff to let the goods stay in the property so long as you make an arrangement and pay the outstanding Council Tax. If you do not keep up the payments, however, the possessions will be removed. This is known as 'walking possession'. This may occur if it is not possible for the goods to be removed immediately.
The opposite may also occur. This is when the bailiff stays with the goods until your debt is paid off or the possessions can be taken away. This is known as 'close possession'.
There are some possessions that are safe from levying distress. These include any items that do not belong to the individual named on the Liability Order. There are also certain possessions that the bailiff cannot remove. These include items which are essential for the basic needs of you and your family e.g. food, clothes and bedding etc, and for businesses, includes items that are necessary for the debtor to maintain employment, e.g. tools, books or vehicles etc. Fixtures and fittings may not be removed.
If this means that some of the debt is still not paid off, as there are not enough goods to cover the amount owed, an option available is to commence committal proceedings in the Court.
The bailiff can:
- Enter your property through an unlocked door
- Enter your property through an open window or door
- Break down the door to get in, as long as they have already made a legal entry but a then forcefully made to leave.
The Bailiff cannot:
- Break into your property
- Enter your property through force if you refuse to let them enter.
- Take an item that does not belong to the person named on the Liability Order if it is proven that it is not theirs.
The more action the bailiffs have to take against you the greater the outstanding monies will be because they will add their costs to your debt.
In line with Audit best practices the Council have Service Level Agreements with two Bailiffs and all cases returned from Ross & Roberts Ltd are then referred onto Bristow & Sutor (contact number 0871 677 0070). If returned unsuccessful from this second Bailiff then other recovery avenues are looked at which include Committal.
If you are in arrears with your Council Tax and wish to discuss payments or the action being taken against you, please contact us as soon as possible.
Contact Us
Revenues
West Somerset House
Killick Way
Williton
Taunton
Somerset
TA4 4QA
Telephone: 01643 703704
Email: revenues@westsomerset.gov.uk