How to deal with the bailiff

Wolverhampton City Council employs a firm of accredited bailiffs authorised to act on their behalf to collect outstanding Council Tax following the issue of a Liability Order.

The bailiff must:

• carry official identification at all times
• carry written authorisation to act on behalf of the Council
• produce the above items if asked to identify themselves
• issue an official receipt for cash payments, and for other payments on request.

First visit

The bailiff cannot force entry into a domestic property on a first visit, but may walk through an unlocked door or open window. On this visit, the bailiff is calling at your property to:

• distrain (make a list of) your goods
• obtain a walking possession agreement
• agree a payment arrangement to clear the outstanding debt within a maximum of 6 months. 

You should make a payment arrangement with the bailiff and provide details of your income and outgoings if asked to do so. If you make all the payments as agreed, you will not have to pay any more fees than have already been set out. If you are out when the bailiffs call, they will leave details for you to contact them. You should contact them straightaway, otherwise more fees will be added to the amount you already owe.

If you cannot agree a payment arrangement and do not have enough goods to meet the debt, a report is sent to the Council who will decide what further action to take. See 'what happens if you don't pay'. This may including taking action to commit you to prison.

Walking Possession

This is an agreement signed by you which allows you to keep the goods listed as long as you keep to the agreed payment arrangement. If you fail to keep to this arrangement, you will be sent a letter by the bailiff and given 7 days to bring your payments up to date.

Second and subsequent visits

If the bailiff has obtained a walking possession agreement and you fail to keep to your payment arrangement, the bailiff will call again. This will cost you more in fees. This time, the bailiff has the right to make a forced entry to your home and can take away the items listed in the walking possession agreement.

What goods can be taken?

The bailiff can only take goods which belong to you. This does not include:

• fixtures and fittings
• goods on hire purchase
• goods which are rented
• items necessary for use in connection with your employment
• household necessities for the family, such as:
  • beds and bedding
  • children's toys
  • children's equipment
  • cooker and cooking utensils
  • food
  • medical equipment
  • educational items (excluding computers)
  • table and chairs
  • heating appliances
  • floor coverings
  • refrigerator/freezer
  • ironing equipment.

Fees

Fees are added to the amount you owe every time the bailiff calls at your property. This can result in your debt increasing to a lot more than you originally owed. Please find below some examples of the fees charged by bailiffs.  

Where the bailiff visits your property but does not levy upon your goods, the charge will be:

• £24.50 - first visit. 
• £18.00 - second visit.

Where a walking possession agreement is made the charge is £12.00.

Where a van is sent to remove goods, the charge can be up to:

• £40 - where the sum outstanding is £99 or below
• £50 - where the sum outstanding is between £99 and £149
• £70 - where the sum outstanding is between £149 and £249
• £80 - all other cases

An additional £40 is charged for each period of 30 minutes that the bailiff takes to remove your goods.

Where goods are sent to auction, you will be charged more costs and fees.

Where no sale takes place due to payment being made, a redemption fee is charged which is either:

• £24.50, or
• the actual costs incurred up to a maximum of 5% of the amount for which the liability order was made, whichever is the greater.

 

Complaints

If you have any complaint to make about the actions of the bailiff, complaints can be made direct to the bailiff company. Your reply will be in accordance with their complaints procedure, which can be provided to you on request.

If you wish to make your complaint to the Council, a response will be made in accordance with the Council's corporate complaints procedure. 

Further information

More advice on debt problems and your rights when the bailiffs call can be found on the insolvency helpline website.