The Bailiff and Your Rights

Why are bailiffs involved in collecting business rates or Council Tax?

By law, we must send a business rate or Council Tax bill to a responsible person at every property. If you do not pay us, we will send you a Final Notice. If you still don't pay, we will apply to the Magistrates' Court for a summons to be issued. At the court hearing, we will ask the magistrate to grant a liability order against you for the amount you owe us, including costs. The liability order gives us the legal authority to collect the money you owe, including the use of bailiffs.

We will use bailiffs if you do not agree a payment arrangement. This will add more costs to the amount you have to pay.

What do the bailiffs do?

The bailiffs recover the debt you owe by taking and selling your goods. The bailiffs will normally send you a letter asking you to pay the money you owe immediately. If you do not respond to their letter, the bailiffs will visit your property and can remove your goods. They can take goods up to the value of the money you owe, including their costs. The goods will then be sold at public auction. The bailiff must give you a receipt for all the money you give them.

What goods can the bailiffs take?

The bailiffs can take any goods that you own. If you pay your debt, including all costs, before any goods are taken or sold, the seizure or sale will be stopped.

How can I stop the bailiffs taking goods?

You can keep your goods in your property if you do one of the following things.

Sign an agreement for the bailiff to stay in the property until you have paid your debt.
Sign an agreement that holds the goods so the bailiff can leave and return at a later date if you do not pay the debt as agreed.

If the bailiff does return to remove the goods, you do not have to be there. Before making a payment arrangement, the bailiff will normally hold the goods and ask you to sign an agreement to hand over the goods if you do not pay.

What happens to goods that are taken?

Bailiffs can come to your premises with a removal van and remove almost all goods (these can include motor vehicles). They will put them in secure storage before they are sold at a public auction. They can be sold after a minimum of 5 days have elapsed. Alternatively an auction can be held on your premises.

What happens if the bailiff cannot collect the Business Rates?

If the bailiff cannot collect the Business Rates or Council Tax and there are not enough goods to remove, then we can issue a committal summons. This means that you must go to court where there is an enquiry into your financial circumstances and behaviour. If you do not go to court, you can be arrested and brought before the court. We can then apply for you to go to prison and if you are found guilty, you could face a prison sentence of up to 90 days for each Liability Order.

How can I complain?

If you don't think that the bailiffs have followed the above process, you should contact us

Tel:01493 846244

E-mail: recovery@great-yarmouth.gov.uk