The council can instruct bailiffs to collect debt for them.

Before the council instruct the bailiffs it must send you a final warning letter advising you that it is going to do this and telling you of the costs involved.

If you are unable to pay the debt in full and require time to make the payment the bailiff may consider giving you time to pay but you must agree to what he considers to be a satisfactory arrangement.

If the bailiff allows you time to pay he will normally enter into a ‘walking possession’ agreement with you. This means that he will make an inventory of goods in your house up to a sale value of the debt and his costs. You will be required to sign this and there will be an additional levy fee and walking possession fee to pay.

When your goods are subject to a walking possession agreement you may not dispose of the goods without the bailiffs permission.

If you break the arrangement with the bailiff he may, if you have signed a walking possession agreement, re-enter your property by force if necessary to take the goods.

If the bailiff believes that you have insufficient goods to clear the debt or that there is no prospect of peaceful entry he will issue a ‘Nulla Bona’ certificate to the council and return the case to the council.

Q How do I know if the bailiff is genuine?

The bailiff must identify himself to you; the bailiff should carry his identification card with him at all times. If you are in doubt about the bailiff’s identity you should contact the Debt Recovery Section immediately on 01507 329506.

Q What can the bailiff do to me?

The purpose of the bailiff’s visit is to encourage you to pay your Council Tax.

He can identify goods, which belong to you, which can be removed and sold to pay the debt.

The bailiff cannot break into your house by force but he can come through an open or unlocked door.

The bailiff can take any of the belongings outside of the house (for example a car parked on the street).

Q Will the Bailiffs remove goods straight away?

The bailiffs can remove goods on a first visit, however sometimes they will consider giving you time to pay.

If they do give you time to pay your arrears they will ask you to sign a ‘walking possession agreement’ which will allow him to come back later to take away the goods listed if you fail to pay.

You will not be able to move any of the goods listed out of your home, or sell them. If you refuse to sign the agreement or make an offer of payment the bailiff may return and remove your goods.

Q What can be done to avoid my goods being sold at auction?

The bailiffs will not take goods away as long as you pay as requested by the bailiff including all costs and fees.

Q My case has been sent to the bailiff who do I make an arrangement with?

Once your case has been sent to the bailiff you should contact the bailiffs regarding payment. Any payments should be made to the bailiffs. If you attempt to pay the Council to avoid bailiff’s fees they will return to collect them.

Q What goods can the bailiff take?

By law, the bailiff may not take:

Any tools, books, vehicles and other items of equipment you need for work or business.

Any clothes, bedding, furniture, household equipment and food you need for your basic domestic needs or those of your family.

The bailiff may take anything else that you own. If you are renting something or you are buying it on hire purchase you will be required to provide proof.

The bailiff should only list enough items in which he considers that when sold at public auction will discharge the debt. You should remember that your goods would not be worth as much as they were when you first purchased them.

Q Where should I send payments?

Once your debt has been passed to the bailiffs for collection, payments should be made direct to the bailiff’s office.

East Lindsey uses two Debt Collection Agencies:

• Jacobs: Jacobs, 4 Europa Boulevard, Birkenhead, Merseyside, CH41 4PE.

Telephone - 0151 650 4800

• Rossendales: Rossendales Ltd, Hardman Hill, New Hall Hey Road, Rawtenstall, Rossendale, Lancashire, BB4 6hh

Telephone - 0845 226 7700

Q How much will the bailiffs charge me?

The amount that you owe will be made up of outstanding of outstanding Council Tax together with liability Order costs and any bailiff charges. The bailiff is required to leave you a copy of the fees that they are allowed to charge under law.

Q What will happen if I will not pay and will not let the bailiff in.

If you don’t allow the bailiff in or he decides there isn’t anything worth taking to pay off the debt he will notify the Council. The Council will then decide on a way forward. They may consider a number of options, for example, bankruptcy or committal.

If the Council chooses to make an application to have you committed to prison you will have to appear before the Magistrate’s. The Magistrate’s will look into the circumstances at the time of the Liability Order and decide if you have been neglectful.

Q How can I make a complaint about the Bailiff?

We monitor the bailiff’s performance on a continual basis, to ensure that the bailiff is working within the terms and conditions of contract. We do have a code of practice in place and send out random questionnaires to debtors. If you feel that the bailiff has not acted in the correct manner you should inform the Councils Debt Recovery Section immediately on 01507 329506.