Court summons
The magistrate's court will issue a summons if:
- you don't pay anything
- you have failed to keep your instalments up to date
- pay some but not the entire bill
If you get a summons, you will be charged costs.
It's always best to contact us if you can't pay your bill on time contact us via email by completing our Contact Council Tax form. You can also Call 01902 551166
Contact Council Tax
Liability order
A liability order is granted by the court and gives the council legal powers to recover council tax.
This includes instructing:
- your employer to take money direct from your pay
- the Department for Work and Pensions to take money direct from your benefits or pension credit
- enforcement agents to collect the debt. This will cost you more money, you could lose your belongings which are sold to pay your debt (see below for further information on enforcement agents).
We can also consider:
- Bankruptcy proceedings
- Putting a charging order on your property if you own your home and enforce a sale
- Applying to Magistrates' Court for a warrant to send you to prison.
If you are unable to pay your council tax, you should contact us immediately. The earlier you contact us, the less likely it is that you will have to pay extra costs. Contact us on 01902 551166.
Enforcement Agent (Bailiff)
A liability order has been issued by the Magistrates' Court and we have passed your details to accredited enforcement agents to collect the amount you owe, plus any extra charges (see below).
The enforcement agent 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 payments.
If you receive a letter or a visit from an enforcement agent, you should contact them urgently to discuss your options for repayment as additional enforcement agents' fees will be added (see below).
If your account is with an enforcement agent you must make payments directly to them.
The enforcement agents currently used by the Council are:
- Bristow & Sutor - 0871 677 0070
- Rundles - 08456 585030
- Newlyns - 01604 633001
Any enforcement agency acting on our behalf will behave professionally; follow set procedures; have an internal complaints procedure and not take inappropriate action.
Stage 1 - Compliance
This fee is added to your debt when your account is referred to an enforcement agent for collection.
Charge: £75
Percentage fees if debt is greater than £1,500, in addition to Charge: 0%
Stage 2 - Enforcement
If you do not arrange to pay the enforcement agent, or arrange to make payment and then do not pay as agreed, the enforcement agent will visit you and this fee will also be added to your debt.
Charge: £235
Percentage fees if debt is greater than £1,500, in addition to Charge: 7.5%
Stage 3 - Sale
If you do not sign a Controlled Goods Agreement when an enforcement agent visits your property, or you do not pay as agreed after signing a Controlled Goods Agreement, the enforcement agent can remove and sell your goods and you will be charged this fee.
Charge: £110
Percentage fees if debt is greater than £1,500, in addition to Charge: 7.5%
Seizing assets
When an enforcement agent visits, you will have to pay a further fixed fee of £235 plus 7.5% for any debt due that is over £1500. Even if you pay in full at this stage, you will still have to pay all of the costs.
If you are unable to pay in full, the enforcement agent can make the decision to take control of your goods. The enforcement agent may enter into a Controlled Goods Agreement, where the agent makes a list of your possessions that is equal in value to your debt. This means that you cannot dispose or sell them without the enforcement agents' permission. These will then be sold at public auction.
Obstructing an enforcement agent or interfering with controlled goods is now an offence for which you can be arrested and sent to prison.
Bailiffs can take luxury items, for example, a TV or games console.
They can't take items such as:
- goods on hire purchase
- goods which are rented
- items necessary for use in connection with your employment or education - 'tools of the trade' if their value is less than £1350
- household necessities for the family, such as:
- beds and bedding
- children's toys
- children's equipment
- cooker and cooking utensils
- food
- medical equipment
- table and chairs
- some lighting or heating appliances
- refrigerator
- ironing equipment
- a vehicle used to carry a disabled person which is displaying a valid disabled person's badge
Visit GOV.UK for more information about enforcement agent powers and removal of goods.