Hi I need some advice regarding the local Bailiffs, bailiff name Mr xxxxxxxx. Bailiffs are attempting to collect £261.38 in charges from me as of 24-03-11 for council tax owed 2009-2010 to Borough Council. All owed council tax was paid direct to the council with final payment on 04-01-11. Bailiffs have no levy in place, no walking possession agreement and have never been inside my property. I have offered to pay charges in accordance with schedule 5 of £24.00 and £18.50. These monies have been refused. Bailiff refuses to give me a break down of charges. Bailiff appears to be attempting to collect charges under same warranty given for collection of outstanding council tax despite there being no council tax owing. Please advise on how I should deal with the company. They refuse to speak to me on the phone, refuse to discuss schedule 5 and refuse my offers of paying charges in accordance with schedule 5. I have written to my local MP, the council finance officer and citizens advice but they still keep putting letters through the door. Many Thanks Chris

Ok agreed I can not infer payment by installment. So lets bring some common sense into the argument. The council wants the money paid, so they've bought in bailiffs, they can't get anywhere because they can't levy. You go back to the council with a legal stand point the makes them take the debt back, and I'm not pulling this regulation from some old and dusty law box this is often attached to the Schedule 5 document on many .gov sites. The ball is very much in your court at this point, I for one would be inclined to think a sensible council finance officer would be willing to take what they can get. I realise that this has now strayed in the realm conjecture and requires a specific set of circumstances. But.....

I would like to take my interpretation of paragraph 3 further and disagree slightly with a respondent to my thread. Paragraph 3 does state paid or tendered, this could be interpreted as offer of payment in installments as well paid in full. I find it very worrying that half a dozen of the threads on the first page are council tax related and that one of the first things most say are I called the council and they just didn't want to know. I would very much hope someone with some proper legal knowledge of REGULATION 14 AND REGULATION 45 - DISTRESS will get involved and clarify if there is a legal standpoint here that many people are missing and many councils are ignoring.

Indeed however it seems from many other postings on this site that the councils are reluctant to return the debt from the bailiffs once it has been pasted. Surely the wording of paragraph 3 puts on onus on the Authority to take back control of the debt and stop the bailiffs visits. I'll try to put in context. You have had the first visit from the bailiffs they did not gain entry and they were unable to levy against an item outside the property (a car etc). You call the council to discuss but as other posters have stated they won't talk to you and just refer you to the bailiff and we all know they don't want anything except you money. So at this time a levy is not enforce, you fees are the bailiff first visit fee of £24, your court fee and the original debt. My thinking is that paragraph 3 forces the council even if they don't want to, to accept you offer of the original debt, and your court fee and stop any further action from the bailiff regarding this debt. And I can tell you from experience the bailiff is unlikely to keep harassing you for £24 if they know you know thats all they can get. 3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with. Can anyone tell me if I have read and interpreted it correctly?

Again to me paragraph 3 suggests that the council must again take control of the debt once the tender of payment has been made. "and the levy shall not be proceeded with" So if the bailiff keeps visiting with regards to that part of the debt thats harassment and a criminal matter. Again I am not try to find a way out of the £42.50 bailiffs visit fees, more try to see if there is a legally defined way to make councils take control of the council tax debt once passed to a bailiff.

And please note the phrasing used in paragraph 3 " the authority shall accept the amount"

Ok well thats what I want to know. The paragraph comes from THE NON-DOMESTIC RATING (COLLECTION & ENFORCEMENT) (LOCAL LISTS) REGULATIONS 1989 AS AMENDED BY THE NON-DOMESTIC RATING (COLLECTION & ENFORCEMENT) (AMENDMENT & MISCELLANEOUS PROVISION) REGULATIONS 1993, THE NON-DOMESTIC RATING (COLLECTION & ENFORCEMENT) (LOCAL LISTS) (AMENDMENT) REGULATIONS 1998 AND THE NON-DOMESTIC RATING (COLLECTION & ENFORCEMENT) (LOCAL LISTS) (AMENDMENT) (ENGLAND) REGULATIONS 2003 THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) REGULATIONS 1992 AS AMENDED BY THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) (AMENDMENT) (NO.2) REGULATIONS 1993, THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) (AMENDMENT) REGULATIONS 1998 AND THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) (AMENDMENT) (NO.2) (ENGLAND) REGULATIONS 2003 And thats produced by HM Gov and I see paragraph 1a quoted all over this site 1A) Without prejudice to paragraph (8) below no person making a distress shall seize any goods of the debtor of any of the following description:- (a) such tools, books, vehicles and other items of equipment as are necessary to the debtor for use personally in his employment, business or vocation; (b) such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family So surely paragraph 3 must apply to councils refusing to deal with clients already refered to bailiffs.

Ok so thanks for the advice, however I think you are missing the point of my thread. As previously mentioned I have read countless postings of people saying after the council have called the bailiffs in they have told many a poster that they will now have to deal with, arrange payment plans etc with the bailiff. What I want to know is are they in breach of Regulation 14 & 45 Distress by refusing to deal with people once refered to a bailiff. Just to make it clear I am more than comfortable with dealing with the bailiffs in my local area. This thread is more to claify if the council is in breach of regulation by refusing to deal with other posters. Many Thanks

Ok so am I misunderstanding the meaning of Levy? To me the Levy would be a walking possession order on goods or items in the home or on a vehicle that the bailiffs can prove ownership of and that is not subject to HP or lease. I'm not talking about not paying bailiffs fees. The wording of paragraph 3 suggests the authority is obliged to accept payment or tender of payment if no levy or possession order is in place. Regardless of bailiffs visit fees which are fixed at a maximum of £42.50. 3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with. I have read countless posts on this forum of people who say the councils refuse the deal with them. Does this paragraph not suggest that they can't?

Hi In my ongoing battle with the local debt collection company I often come back to these forums to see if there is any new way to deal with the knock on the door. I often read in posts of people just like me who have got a council tax debt, want to pay but are refusing to pay the bailiffs due to the charges they are trying to add. It seems a lot of people like me want to pay the council and the councils are refusing. I would like advice on the following paragraph which is paragraph 3 from THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) REGULATIONS 1992 AS AMENDED BY THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) (AMENDMENT) (NO.2) REGULATIONS 1993, THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) (AMENDMENT) REGULATIONS 1998 AND THE COUNCIL TAX (ADMINISTRATION & ENFORCEMENT) (AMENDMENT) (NO.2) (ENGLAND) REGULATIONS 2003 REGULATION 14 AND REGULATION 45 - DISTRESS (3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with. Now if I'm reading that right the council must take the debt back from bailiffs even if the bailiffs have visited. Thanks