Yes, you can make a direct payment to the council. But you are still required to pay the bailiff fees. Stick around, and we’ll guide you through this maze to see what are your options…
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Many people who have enough money to settle their debts with the Council often try to pay directly to the Council instead of paying to bailiffs. When bailiffs get assigned to collect a debt, the debtor has to pay all bailiffs fees as well.
Therefore, the debtors think by paying straight to the Council, they might not have to pay the additional bailiff charges.
Once the bailiffs get appointed to your council debt issue, you are bound by law to pay the bailiffs’ charges as well. It will not change no matter how hard you try to evade paying bailiff fees, even after you settle the debt straight with the council itself.
Remember, the bailiffs can take enforcement action to recover the outstanding charge if you settle the debt but not including the bailiff’s fees. Therefore, keep reading to find out more on how to deal with this issue effectively.
Can I Avoid Paying the Bailiff Fees?
No, you cannot avoid paying the bailiffs’ fees once they get assigned to recover debts from you. And don’t think for a second that their fees will disappear just because you settled the debt straight with the council itself. Surely, the bailiffs will still visit you and will enforce the repayment.
However, the bailiffs will return the warrant to the court or the relevant local authority if they were unable (unsuccessful) to take enforcement action. Only then, the fees will be cancelled as the bailiffs have returned the warrant. But it’s rarely likely to happen.
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Can I Reduce the Cost of the Bailiff?
Yes, there is a possible way to reduce what you should pay as bailiff fees. For that, you need to settle the debt in full, including the compliance fee of £75, within the first 7 days of receiving the enforcement notice. Only then the bailiffs will not come to your home to take enforcement action.
Plus, you can avoid adding additional enforcement fees to your debt, which currently stands at £235, if you settle the total and compliance fee of £75. But you need to settle the debt total within 7 days of receiving the enforcement notice.
What is a CCJ?
A County Court Judgement (CCJ) is an order placed by a judge to make you (as the debtor) legally responsible for the debt if your creditor proves you really owe them. Hence, you are required by law to settle the debt.
The CCJ document typically specifies the following details:
You can clear the CCJ issuance if you clear the debt before passing 30 days of receiving the court order. Otherwise, it will be recorded in your credit history and in the Public Register of Judgements, Orders and Fines for 6 years.
However, you can request that your judgement be marked as ‘satisfied‘ in the register by providing proof of payment to the court if you manage to clear the debt during this six-year window.
On the other hand, if you manage to pay off the debt within one month of the CCJ being issued, it will not be recorded in the register. In this case, you need to inform the court of your payment and provide evidence to support your claim.
CCJs also have an impact on your credit history for six years. This adversely affects your ability to obtain new credit during this period. It’s because lenders always assess your credit file to gauge your creditworthiness.
Therefore, having a CCJ indicates that you faced difficulties in repaying a debt that escalated to a court dispute. As a result, it makes lenders wary of extending credit to you.
After the six-year period, the CCJ will no longer be visible on your credit report, potentially making it easier for you to secure credit once again.
Can the Debt Be Sent Back to the Council?
If bailiffs are unable to collect the money you owe, they will return the debt to the council. They can’t force entry into your home without previous permission. Therefore, it’s better to keep your doors locked and communicate with them through a closed, secured door or from a window on your top floor.
Inform the bailiff that you will contact the office to arrange payment and provide evidence of your income to support your proposed payment plan. Make sure to provide strong evidence in order to get them convinced enough to decide that you are really facing financial difficulties.
Remember, the rules that are implied for vulnerable people, like adult people, are different. Keep reading since we have described about it in detail below.
Additionally, you can seek specific advice from a debt charity for more information.
How Many Times Can a Bailiff Visit?
Bailiffs are allowed to visit your home 3 times to recover a debt. It means they have to meet you physically and discuss or take enforcement actions within these 3 times. They are bound by regulations.
Keep in mind that they can keep visiting your home until these three physical meeting counters get counted.
You will be informed of the upcoming visit with a 7-day advance notice. Following the initial visit, the bailiffs will make subsequent visits every 7 working days. If you are present at home during the first visit, you can determine the schedule for the bailiffs’ future returns.
They cannot harass you with endless visits. Therefore, it’s important for you to be informed about their limitations.
Can a Bailiff Refuse a Payment Plan?
Yes, bailiffs can decide whether to accept a payment plan or not. Yet, you are allowed to discuss with them to get a repayment plan if you are already facing financial difficulties. You need to show them enough proof to verify the incapability to settle the debt in one single payment.
You have initially 7 days to get in touch with the bailiff’s office since receiving the first Enforcement notice stating their bailiff agents will visit your home. In those initial 7 days, you can get in touch with their office and negotiate to get a reliable solution. In that way, you can bailiffs visit to your home if you come to an agreement.
An interesting way to avoid their visit is by telling them that you can afford a large portion of the debt and asking them to settle the rest via a payment plan. Or you can discuss with them to get a payment plan straight if paying a large portion of debt is not an option for you. Make sure to provide enough proof to convince them about your story.
You are allowed to take debt advice from a professional debt advisor if these bailiff’s procedures are complicated to solve alone. For that, there are a number of charity debt organisations that offer guidance and services free of charge. They will analyse your financial situation and find a reliable solution to your debt issue effectively.
How Much Can a Bailiff Charge?
Bailiffs have specific fee scales, based on the type of debt and the stage of the collection process. Early stages might involve fixed fees, but as the process continues, the charges can increase. It’s essential to be aware of these potential costs.
Below is a table indicating fees that bailiffs charge in various stages of the debt collection process [Source]. The bailiffs can levy three different fees as long as the debt is not collected by High Court Bailiffs.
| Stage of process | Fixed fee | Percentage extra you’ll pay for debts over £1,500 |
| Writing to you about your debt (called ‘compliance’) | £75 | None |
| Visiting your home (called ‘enforcement’) | £235 | 7.5% |
| Taking and selling your belongings (called ‘sale’ | £110 | 7.5% |
Bailiffs have the authority to impose additional expenses referred to as disbursement costs.
They charge these fees to cover:
The Bailiffs are required to seek court approval for their application if they seek to impose extra costs on you. It is advisable to request a receipt when you make payment to the bailiffs for the outstanding fees and disbursement costs.
This receipt serves as evidence of payment and can also be utilised if you decide to contest bailiff charges at a later point.
Do I Have to Let Bailiffs in for Council Tax?
No, you don’t need to let bailiffs into your home to collect council tax debts. They do not have the legal authority to force their way in. But they are allowed to enter your home in cases where a controlled goods agreement was previously established during a prior visit.
However, it is advisable to keep your doors closed and locked to prevent any unauthorised entry by bailiffs. You can communicate with them through windows in the upper stair room, phone calls or through the closed door.
Bailiffs are permitted to attempt entry into your home only during the hours of 6 am to 9 pm.
A bailiff may have the legal authority to request a locksmith to open your door if you refuse their entry in certain cases. But it depends on the type of debt you owe.
However, this scenario is highly unlikely to happen situation. Therefore, you still have an opportunity to settle the debt without them entering your home if you get in touch with them as soon as possible.
You are not required to let them into your home if a bailiff is physically threatening you. Plus, you are allowed to call 999 to report the situation.
When Can Bailiffs Force Entry for Council Tax?
Bailiffs can only force entry in exceptional circumstances. For council tax, they might only do so if they’ve been on the property before and are returning to collect unpaid dues or seize goods. Understanding your rights is paramount.
Bailiffs are bound by legal regulations and cannot enter your home without meeting specific conditions:
What Should I Do If Bailiffs Send Back a Debt to the Council?
You will still need to settle the debt in order to avoid facing further action from the Council if bailiffs return your debts to the council. Therefore, we strongly suggest you to get in touch with the Council and discuss finding a reliable solution to your debt issue.
Surely, they will agree on an affordable payment plan if your story about financial incapability is proven and convincing.
How Can I Stop Bailiffs for Council Tax?
To prevent council tax bailiffs from taking action, you can either make a payment or work out a repayment plan with them that is mutually acceptable.
Keep in mind that you will still be responsible for covering the bailiff fees and any additional charges that have accrued on the debt, even if you settle the outstanding amount with the council.
Alternatively, it is advisable to consult with a debt advisor if you are concerned about bailiffs or want to halt their actions. They can offer guidance on debt solutions that may assist in preventing bailiff actions and regaining control over your financial obligations.
Can Bailiffs Enter My House if I’m Vulnerable?
In the UK, bailiffs are expected to exercise sensitivity and discretion when dealing with vulnerable individuals like you.
They should consider the circumstances of the person they are dealing with, especially if they have been identified as vulnerable due to physical or mental health issues, disabilities, or other reasons (like being a parent, a single parent, or pregnant over 65 or under 18 learning English).
However, it’s essential to communicate your situation to the bailiffs and provide any relevant evidence or documentation if you are vulnerable.
Being classified as vulnerable does not automatically prevent bailiffs from entering your home, but it can impact their approach. They may need to take extra precautions and consider alternative ways to resolve the debt, such as arranging affordable repayment plans.
In detail, the bailiffs are required to:
It’s highly recommended to seek advice from debt advisors or support organisations if you find yourself in a vulnerable situation and are facing bailiff action. They can provide guidance to you on how to handle your specific circumstances and protect your rights.
Are Bailiffs Regulated?
Yes, bailiffs in the UK are regulated by various laws and regulations to ensure fair and responsible practices.
The regulation of bailiffs primarily falls under the Tribunals, Courts and Enforcement Act 2007, as well as the Taking Control of Goods Regulations 2013. These laws outline the rules and procedures that bailiffs must follow when collecting debts.
In addition to these laws, there are industry-specific regulations and guidelines that govern the conduct of bailiffs. For example, the Civil Enforcement Association (CIVEA) and the High Court Enforcement Officers Association (HCEOA) have their own codes of conduct that their members must adhere to.
Furthermore, the Financial Conduct Authority (FCA) oversees the regulation of consumer credit. Therefore it includes some aspects of debt collection, although it primarily relates to financial institutions and lenders.
It’s essential for both creditors and debtors to be aware of the regulations that govern bailiff actions in the UK. Plus, it ensures that their debt recovery processes are fair and compliant with the law.
At first, it’s better to make a complaint to the head office of the bailiff’s company. By doing so will give them a chance to solve your complaint issue internally. Then, as your secondary option, you can make a complaint to FCA or CIVEA if the bailiff company does not solve your complaint fruitfully.
Whatever the case, make sure to provide provable proof to strengthen your complaint case. The bailiff’s company will surely end up paying huge fines and compensation if the authorities find out they are guilty of your accusations.
As you can see, the bailiffs are operated under a strict code of practice. It ensures they act within the law and respect the rights and dignity of individuals. Knowing these regulations can empower you in any interaction.
Can I use a Debt Solution to Solve My Debt Issue?
There are a number of other alternative debt solutions available in the UK. Sometimes, you may find hardship in agreeing to unaffordable payment plans suggested by your Debt owner. In those situations, it’s better to apply for a debt solution to resolve your debt issue effectively.
But keep in mind you need to fulfil certain unique conditions in each of these debt solutions in order to get acceptance. Choosing the right debt solution will help you in solving your debt issue while choosing the wrong will make your financial situation worsen.
Therefore, it’s better to take debt advice from a professional debt advisor if you find hardship in selecting a debt solution alone.
Where can I get Professional Advice?
If you find yourself overwhelmed, professional advice is available. Organisations like Citizens Advice, National Debtline, and StepChange offer guidance on dealing with debts, understanding your rights, and navigating interactions with bailiffs.
Feel free to fill out our online form by clicking here if you want personal help from our Money Advisor Team based on your current financial standing.
Key Points
- Many individuals in the UK may be eligible to legally write off a portion of their debts.
- Opting to make payments directly to the council instead of the bailiffs won’t exempt you from incurring bailiff fees, which will remain applicable.
- While you have the option to negotiate a payment plan with bailiffs, be aware that they may decline your proposal; seeking debt advice is advisable for assistance in such situations.
- To prevent the accrual of additional fees, it’s advisable to settle the debt along with the £75 compliance fee, which will halt bailiff visits and any additional enforcement charges.
- In cases where bailiffs are unable to collect the debt, they may return it to the council, but the outstanding amount must still be paid by the debtor.
- It’s important to note that bailiffs cannot forcibly enter your premises for council tax debts unless specific criteria are met. Therefore, it’s recommended to keep your doors locked and communicate through a secure door or a window in your upstairs.
