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Council taxRecovering Council Tax using bailiffsHelen Rodger - April 2011council.tax@kirklees.gov.uk
What do bailiffs do?
The Enforcement Officers, or 'bailiffs' as they're more commonly known, are responsible for recovering unpaid council tax,
business rates and parking fines. They also serve legal and Insolvency papers on behalf of the Council.
The bailiff's primary function is to visit you at home to collect the amount you owe, including any costs which have been added to your account as a result of the additional action taken. In cases where you're unable to make full payment, they may - but are not obliged to - make a payment arrangement with you to make regular, smaller payments towards the amount you owe. In this situation, they will ask for details about your household's circumstances including employment details and may ask you to sign a 'walking possession agreement'. The information you provide helps to identify how much you can afford to pay and also if you would qualify for any discounts on your bill, whilst the walking possession secures your debt. If you are unable to pay in full, to make a suitable payment arrangement, or fail to pay as agreed, the bailiff may decide the best course of action is to remove and sell enough of your belongings to settle the debt you owe. When can you use bailiffs to recover unpaid Council Tax?
Before we can instruct a bailiff to collect your unpaid Council Tax we must first obtain a Liability Order at the Magistrates' Court.
A Liability Order confirms you are responsible for the debt and gives us powers to recover it in other ways, including the use of bailiffs. We will send the Liability Order to you at your last known address. The Order warns that bailiffs may call after 14 days. You should pay in full or contact us immediately to make a payment arrangement if you wish to prevent bailiff action, and the additional costs which will be added to your account as a result. Why has the bailiff added costs to my account?
The law allows the bailiff to add costs to your Council Tax account for the action they have to take, including visiting your home.
The amount and type of costs that can be added are laid down by Government.
You'll find details of these costs on the back of your Council Tax Liability Order. What if I'm not at home when the bailiff visits?
The bailiff will leave a letter in a sealed envelope addressed to you at your address, giving details of your debt and the
amount due, along with their name and telephone number.
They may make discreet enquires to find out when you are due home with other household members, or neighbours if appropriate. They will not tell others why they are visiting you. You should contact the bailiff immediately to discuss payment of your account. If you don't the bailiff will call again and could add further costs to your account. Can the bailiff force entry into my home?
The bailiff has the right to come into your property to remove your belongings as long as:
Once they have obtained peaceful entry into a property they can force doors inside that are locked. However: The bailiff may force entry to remove your belongings if they have gained peaceful entry previously and you have signed a 'walking possession' agreement, or if after gaining peaceful entry they are prevented from carrying out their duties or are forced from the property. What can the bailiff take?
If the bailiff decides the best course of action is to remove your belongings they can take those things which are owned by you
or of any other person named on the Liability Order.
The bailiff should only remove enough goods to cover the amount of your outstanding Council Tax and their costs. However you should be aware that your goods will be sold at auction and may only realise a small proportion of what you actually paid for them. Certain goods can not be removed by law, these include:
How can I stop the bailiff taking my belongings?
Pay the amount you owe, including costs in full without delay.
If you are unable to pay in full the bailiff can (but is not obliged to) accept an arrangement for payment and allow you to keep your belongings. This will be subject to you signing either a:
What if the sale of my belongings doesn't clear my debt?
If the sale of your belongings doesn't clear your debt, or you do not have sufficient goods for the bailiff to remove and
sell, the council may apply to the Magistrates' Court and ask that you be sent to Prison for up to 90 days for non-payment
of your debt.
It is therefore important you contact us to discuss your account and make every effort to pay.
Do you use bailiffs from other companies?
Yes, in addition to using the council's in-house bailiffs, certain debts are passed to private bailiff companies for collection.
Do the bailiffs follow a code of conduct?
Yes. Bailiffs must act within the law at all times and are also expected to comply with the council's own Code of Conduct,
policies and guidelines.
If you feel the bailiff has acted illegally, or in an improper manner, you should contact us immediately using our recovery
contact details below.
If your complaint is in respect of a bailiff employed by a private company your complaint may also be dealt with by their internal complaints procedure in the first instance. Independent advice on the action of bailiffs is also available from your local Citizens Advice Bureau. |
Get in touch
Address Kirklees Council, Civic Centre 3, Market Street, Huddersfield, HD1 2EY
Online 
Email customer.enquiries@kirklees.gov.uk
Telephone 01484 221000
Alternatively find out how else you can contact the council