How to Stop Council Tax Bailiffs 

Are you worried about council tax debt? Are you afraid of legal action? You’ve come to the right place. Each month, more than 170,000 people visit our website to find answers to debt problems.

In this guide, we will explain all you need to know about council tax bailiffs. We will cover:

• The simple process of collecting council tax arrears.
• What you can do to stop council tax bailiffs.
• If bailiffs can enter your home for council tax.
• If the council can enter your home without a warning.
• How long you can be chased for council tax debt.

We understand your worry. We know it’s hard to think about these things, but we’re here to help you – together, we can find a way through this.

Let’s get started.

How Can I Stop Them?

You should aim to clear your debt or come to an agreement before an enforcement agent gets involved. 

This is because as soon as a bailiff is employed, they start charging fees that are added to your debt. 

If you do pay anything to a bailiff, make sure you get a receipt.

Prevention is better than cure when it comes to bailiff action! Dealing with bailiffs can take a toll on your mental health. 

If an enforcement agent has already been employed to enforce the debt, they will write to you asking you to make a payment in full or agree to a CGA. They will give you seven ‘clear’ days’ notice to pay your debts, or they will come to your house.

Thus, you can stop coming to your door by paying or agreeing to affordable monthly payments. 

Again, get a receipt if you have paid.

Another way to stop bailiffs is if you are classed as a vulnerable person as stated in the Taking Control of Goods (Fees) Regulation. 

This regulation says what people can be charged by bailiffs and discusses some exemptions. 

Bailiffs cannot repossess goods from someone at their home if they are deemed vulnerable before they get free advice from a debt charity or organisation. 

You would be considered vulnerable for many reasons, not limited to recent bereavement or unemployment, learning difficulties, pregnancy or if you are a single parent. 

You should call the enforcement agent if you are a vulnerable person to explain, so they do enter your home to take goods. 

The additional benefit is that a bailiff company cannot apply some bailiff fees if you are vulnerable, including the first visit fee which is over £200!

Remember, it’s best to call them before they call on you!

But you should also know the law says a bailiff can still request you to clear the money owed even if you are deemed vulnerable. They must only not take goods until the individual has received debt advice.

» TAKE ACTION NOW: Fill out the short debt form

Can they force entry?

A bailiff can make their way into your home on a visit if a door is open or unlocked, known as peaceful entry. In most cases, they are not allowed to force their way in, and you don’t have to let a bailiff in. 

The exception to this rule is if you owe money on a CGA secured against possessions inside your home. If you have failed to pay the bailiff what you agreed to, the bailiffs could give you notice to attend your home and use reasonable force to enter. 

They cannot harm you and they can only enter to take the goods named within the CGA. 

This is why it is important to keep paying your CGA or communicate with the company if you need to miss a payment or change the schedule. The bailiff may be able to help if you speak with them first. 

A bailiff can walk onto an opened driveway to take possession of a car. 

Can they enter my property without notice?

You might also be wondering if the local council can come into your property. 

If you live in council housing, any appointed housing officer must provide you with notice to enter the property, to do an inspection or to fix a problem for example.

They cannot force entry.

Nor can they visit to discuss the local council debt or threaten to remove valuables. 

If they do this, seek advice and consider lodging a complaint. 

Council officers do not have the right to enter privately owned properties, but they can go onto private land to carry out essential work for the council.

How long can you be chased for debt?

If you live in England or Wales and have not been made legally responsible, the debt can become unenforceable (Statute Barred) after six years. 

This means they can’t take legal action and you’ll never face bailiff action.

The reason that this loophole exists is to protect the legal system from becoming overwhelmed with older cases. 

However, most councils will try to collect the debt using a court order within this timeframe. Situations in the following example are quite rare.

If you have been issued a liability order, the law says this order does not expire. But the order is only to enforce the debt and the actual money owed can still be nullified by becoming Statute Barred.

In summary, Statute Barred overrides any order. 

In Scotland, the rules for Statute Barred exist too, but they do not cover council tax. The national timeframe for this type of debt to become unenforceable in Scotland is 20 years. 

If you think your arrears are no longer enforceable, it’s best to seek advice first to make sure. 

Can I write off my debts?

You might be able to write off some of your council tax debts with a debt solution. Even if these debts can’t be covered, getting a debt solution might help you get back in control of your finances enough to pay back the council.

There are several different debt solutions available in the UK, so I recommend speaking to a debt charity as soon as possible. Their advisors will be able to look at your finances in detail and help you work out which debt solution will work best for you.

I have linked a few charities that offer these advisory services for free below.

Individual Voluntary Arrangement (IVA)

An IVA is a formal agreement between you and your creditors. You agree to pay a monthly sum that is distributed amongst your debts, and your creditors agree not to contact you during your IVA.

IVAs typically last for 5 or 6 years, and any outstanding debt is wiped off when it ends.

Keep in mind that IVAs are not suitable for everyone. You need to owe several thousand pounds to more than one creditor to be eligible. You also need to demonstrate that you have some disposable income every month.

Trust Deed

IVAs are not available in Scotland. Instead, you will need to opt for a Trust Deed.

Trust Deeds work in the same way as an IVA – you pay an agreed sum each month that is shared amongst your creditors, they can’t contact you, and any leftover debt at the end of your Trust Deed term is written off.

Debt Relief Order (DRO)

A DRO is a good option for those facing financial hardship with no assets and little income.

For 12 months, you make no payments, but your creditors freeze your interest and don’t contact you.

If your finances haven’t improved during this year, you may be able to write off your unsecured debts.

Bankruptcy

If you have debts but no realistic possibility of ever paying them off, you may need to declare bankruptcy.

Bankruptcy has an unfair stigma attached to it as it may be your only way of getting a financial fresh start. That said, it is a serious financial situation that should not be taken lightly.

Sequestration

Sequestration is the Scottish version of bankruptcy.

If you have little income and no valuable assets, you may be able to apply for a minimal asset process bankruptcy (MAP). A MAP is a quicker, cheaper, and more straightforward version of sequestration, so worth considering.

How do I complain? 

If you think that your bailiff has been unreasonable or behaved inappropriately, you can make a complaint. You can also make a complaint if you feel that they have broken any of the Financial Conduct Authority’s (FCA) guidelines.

Make your first complaint to the bailiff’s company or agency so that they have the chance to sort out the issue themselves. If you feel that they have not taken your complaint seriously enough or have not addressed your issue properly, you can escalate matters.

You can make any secondary complaint to the Financial Ombudsman Service (FOS). They will investigate and, if your complaint is upheld, the bailiff’s company may be fined. You could even be owed compensation.

If the company or agency is not registered with the FCA, you can make your secondary complaints to the Civil Enforcement Authority (CIVEA). CIVEA has its own set of guidelines and procedures for dealing with complaints against its members.