From 6 April 2014, new regulations apply, and the council can instruct an Enforcement Agent (formerly known as a bailiff) to collect the outstanding Council Tax debt from you if a Liability Order has been issued in your name. We may do this if you have not made or kept to an agreed repayment plan or have not completed and returned the request for financial information form.
Before we ask the Enforcement Agent to visit you, we will have sent you details once the court have issued a Liability Order of the fees, which may be charged to you if an enforcement agent is instructed.
If your debt has been passed to an Enforcement Agent, you will incur a fixed fee of £75 upon them issuing a letter to you by post. Any payments or offers of repayment should be made to the Enforcement Agents and not the Council.
If the Enforcement Agent visits you, there is a fixed fee of £235 plus 7.5% for any balance due above £1,500.
The Enforcement Agent will normally ask you for payment in full; however, if you cannot meet this request, the Enforcement Agent will normally make a repayment arrangement with you. The Enforcement Agent may enter into a Controlled Goods Agreement, where the agent lists your possessions equal in value to your debt.
If your possessions are subject to a Controlled Goods Agreement, you cannot dispose or sell them without the Enforcement Agent's permission.
If you do not pay as agreed and have signed a Controlled Goods Agreement, the Enforcement Agent may enter your property by force if necessary, to take the goods listed. You will be charged for the removal and sale of them. The fee for this is £110 plus 7.5% for any balance due above £1,500.
If the Enforcement Agent believes that there are insufficient items to clear the debt, we will then consider other recovery options such as committal action, bankruptcy, imprisonment or a charging order against your property.
Enforcement Agent fees applicable for cases referred for recovery before 6 April 2014
Please note the fees and actions detailed below relate to certain cases referred to an Enforcement Agent before the introduction of The Taking Control of Goods (Fees) Regulations 2014, which came into effect on 6 April 2014.
We can instruct an Enforcement Agent to collect the outstanding Council Tax debt from you if a Liability Order has been issued in your name. We may do this either if you have not made or kept to an agreed repayment plan or have not completed and returned the personal information form sent to you.
Before we ask the Enforcement Agent to visit you, we will have sent you details once the court has issued a Liability Order, of the fees which may be charged to you if an Enforcement Agent is instructed.
The Enforcement Agent will normally ask you for payment in full; however, if you cannot meet this request, they will normally make a repayment arrangement with you. The Enforcement Agent, may enter into a Walking Possession Agreement, where the agent makes a list of your possessions equal in value to your debt.
If your possessions are subject to a Walking Possession Agreement, you cannot dispose or sell them without the Enforcement Agent’s permission.
If you do not pay as agreed and you have signed a Walking Possession Agreement, the Enforcement Agent may enter your property, by force if necessary, to take the goods listed. You will be charged for the removal and sale of them.
If the Enforcement Agent believes that there are insufficient items to clear the debt, we will then consider other recovery options such as committal action, bankruptcy, imprisonment or a charging order against your property.
If your debt has been passed to an Enforcement Agent, you may incur the following fees:
The Enforcement Agent visits the premises but does not gain entry:
- 1st visit - £24.50
- 2nd visit - £18.00
The Enforcement Agent gains entry, lists and takes 'possession' of the goods (the goods are not necessarily removed).
- Debt less than £100 - £24.50
Where the debt is over £100, it is calculated thus: 22.5% on the first £100 of the sum due, 4% on the next £400, 2.5% on the next 1,500, 1% on the next £8000 and 0.25% on any additional sum.
The Enforcement Agent makes one attendance with a vehicle and intends to remove goods (where the enforcement agent has previously gained entry, listed, taken 'possession' but not removed the goods):
- £120 plus any other reasonable costs or fees
- The Enforcement Agent removes and stores goods at reasonable costs and fees
- The Enforcement Agent takes walking possession of the goods (the debtor has signed a walking possession agreement) £12