Bailiff Agreement –Council

At all times this Bailiff Agreement shall be complied with unless prior agreement is made between The Contractor and the Service Provider.

This Bailiff Agreement applies to Council as a Contractor and Chandlers Ltd as a Service Provider of Bailiff Services and shall be complied with at all times in the enforcement of Council Tax, Non-Domestic Rates and the collection of Road Traffic Debts.

The Contractor and the Service Provider will be required to sign and retain a copy of this Bailiff Agreement to show that both parties fully accept their responsibilities with regard to its operation and integrity.

The Contractor and the Service Provider may treat any breach of the terms and conditions as a serious matter and may immediately review the position of the Service Provider as a result.

Code of Practice – Service Delivery

  1. All documentation must be left in a secured envelope.
  1. The Contractor will request confirmation from the Service Provider to continue action against any accounts where it is evident that the debtor falls into one of the following categories:
  2. the elderly – above 75yrs;
  3. people with a disability – that significantly effects their way of life – in receipt of Attendance Allowance (AA) or Disability Living Allowance (DLA);
  4. the seriously ill;
  5. the recently bereaved – deceased partner/child within the last 6 months;
  6. single parent families;
  7. low income;
  8. unemployed people with no form of benefit income;
  9. those who have obvious difficulty in understanding, speaking, reading or writing English.

The bailiff must use their discretion in determining whether any reasons outside this list could be classed as vulernable when determining the debtors personal circumstances.

  1. Where multiple Liability Orders are sent to the service provider the Bailiff must treat the total outstanding balance as a single debt and therefore, only charge one fee per van attendance. In cases where Liability Orders are issued to the service provider at different stages every attempt must be made to ensure the debts are treated as one and charges kept to an absolute minimum.

5.A grand total of one van fee may be charged to a debtor when attending the property with a view to remove. A removal fee may be charged in addition to this when such an action has commenced or alternative vehicles to facilitate the removal have attended. This condition does not permit the removal of goods at the first attempt. The contractor must agree every removal.

6.The minimum balance issued for collection should have a value in excess of £55.00. Where the balance is between £55 - £100 only the statutory 1st and 2nd fees can be charged when attempting collection. Van fees can only be charged where absolutely necessary. Accounts with multiple debts should be considered as ‘one’ and are likely then to fall outside this remit.

7.Where the Service Provider is unable to execute a Liability Order, the Service Provider will report the reason(s) why the distraint has not been affected together with all relevant information. The Service Provider will return any accounts with a report which records all actions taken.

8.No payment should be refused from the debtor unless payment is tendered by cheque where previous cheques have bounced. Any further action to be taken if this payment doesn’t meet the full liability and costs must be explained to the debtor.

Code of Practice – Bailiffs

  1. The bailiff will not enter the debtor's premises if it appears that the only people present are under the age of 18. If the debtor is present, the bailiff will explain to the debtor the reason for the visit.
  1. If the debtor is not present at the time of the call, the bailiff will take into account all relevant circumstances before deciding whether to levy distress.
  1. The bailiff will at all times carry full photographic identification and produce such when asked by the debtor to do so or to any other person who has reason to require it.
  1. The bailiff will adopt a firm but correct approach with the debtor and will remain polite with the public at all times and respect the Data Protection Act.
  1. The bailiff will report any threats or matters of concern to their Supervising Officer or to the Contractor where staff may be contacted during normal working hours.
  1. The bailiff will attempt to levy distress during the times permitted (0600 and 2100). Where distress is levied, the debtor should be invited to sign a walking possession agreement. If the debtor refuses to sign, make payments or defaults on payment, the goods should be removed at the earliest opportunity. A van fee can be charged on the first visit if removal takes place - again withthe contractors prior approval.
  1. The bailiff must give the debtor (if present) or leave in a prominent place an inventory listing each of the goods removed.
  1. The bailiff involved with the levy of distress and removal of goods shall hold a current bailiff certificate issued by the County Court. The Service Provider shall provide documentary proof of certification of any bailiff upon request from the Contractor.
  1. The Service Provider will ensure he acts in accordance with current legislation and that he has sufficient knowledge and understanding of all relevant legislation, case law and powers. Any changes in legislation will be advised to the Contractor.
  1. The bailiff may distrain on the debtor's goods wherever they are found in England and Wales.
  1. The bailiff will ensure that where legally forced entry to premises is necessary, the damage is to be kept to a minimum and that the premises are secure before departure.
  1. The bailiff will not distrain on goods specifically precluded from distraint within the Council Tax, Non-Domestic Rate or other relevant regulations or legislation. The Contractor should be consulted if there is any doubt whether an item is precluded.
  1. The bailiff may remove goods in person. Due care must be taken to avoid unnecessary damage and the goods are to be stored safely pending their collection by the debtor on payment, or sale. Every effort must be taken to ensure that only the goods of the person(s) named in the Liability Order are distrained upon.
  1. The Service Providers will maintain an acceptable standard of dress, consistent with the provision of a professional service. This would mean that males should wear a jacket and tie, females a blouse/jacket.
  1. The Service Providers will ensure he is aware that he represents the Contractor and acts in a responsible and courteous manner and in the interests of the Contractor at all times.
  1. The Service Provider will inform the Supervising Officer of cases, which are felt inappropriate for distraint action, or further action is not possible.
  1. The Service Provider will hold sufficient professional indemnity insurance to cover action or omission and will ensure that such insurance is up to date at all times. Copies of these must be passed to the Contractor. Additionally, the Service Provider must ensure the bailiff certificates are up to date at all times.
  1. The Service Provider will ensure he does not misrepresent his powers, qualifications, capacity, experience or ability.
  1. Additional literature may be passed to the service provider for delivering to debtors to enhance benefit take-up/debt awareness – this will be at the contractors cost. These deliveries would only happen to properties where the service provider is visiting to carry out the collection of Council Tax/Business Rates/Road Traffic Debt.

20.The Contractor will make the bailiff aware of any case where it is known that the debtor is potentially violent or likely to cause a breach of the peace.

Code of Practice – Admin

1.The Contractor will provide the name of a Supervising Officer to the Service Provider and shall be responsible for the operation of this agreement and for resolving any complaints from the debtor.

2.The Service Provider will maintain an internal complaints procedure, which is overseen by the Supervising Officer. Where requested to do so the Service Provider can provide a full report and allow a full and proper investigation into any complaint received from a debtor.

3.The Service Provider will make available to the Contractor any details obtained from the debtor, which could lead to an attachment of earnings/benefit when the case is returned.

4.The Contractor will answer all correspondence from debtor or their appointed representative within 10 working days of receipt wherever possible and advise the Service Provider of any amendments to the cases held. The debtor should be instructed to contact the Service Provider to make any arrangements.

5.The Service Provider must provide a report to any complaints that arise from the use of bailiffs and assist in any investigation by the Contractor that may lead from this – this should be done within 48 hours.

6.A quarterly review between the contractor and service provider will take place. Within this meeting a review of complaints will take place together with suggestions of improvements to this SLA.

7.All information and data coming into the possession of the Service Provider will be treated in the strictest confidence and in accordance with the relevant Data Protection and Freedom of Information Acts.

8.The Service Provider will declare all associated interests of other companies, firms, associations and groups.

9.Goods in the possession of the Service Provider are to be covered by adequate insurance. Any action brought against the Service Provider for recovery of goods in their possession must be brought to the immediate attention of the Contractor.

10.Queries raised by the Contractor must be answered within 2 working days.

11.On occasions the contractor may wish an account to be returned without further action. In such instances any fees that remain outstanding must be deleted from the account. In exceptional circumstances it may be requested that fees already paid also be credited back to the debtor. In either case this will be at the discretion of the contractor and is non-negotiable. In the main this will revolve around cases returned as listed under Service Delivery Section 3.

Code of Practice – Payment

  1. Payments will be sent to the Contractor at the agreed address within ten days of clearing. Payment schedules will be expected twice weekly in the two weeks before 31 March.

2.The Service Provider may introduce additional methods of payment to the debtor e.g. Standing Order.

3.Payment should not be taken where it is evident the debtor has not got the means of payment. A Means Test Form should be left in such cases and a copy of this forwarded to the Contractor on request.

4.Where the bailiff agrees an arrangement with the debtor, the repayment should not normally exceed 6 months but every effort should be made to ensure the debt is cleared before the end of the financial year. In exceptional circumstances, the Contractor may agree to an arrangement over 12-18 months. However, discretion can be used from the Service Provider where it is evident that the means of the debtor could not facilitate a higher arrangement without causing hardship.

Code of Practice – Fees

1.The schedule of fees permitted will be used in line with legislation - Council Tax reg.45 (2), Non Domestic Rates reg.14 (2).

2.The following attendance fees must be used under category C of the schedule of fees Council Tax reg.45 (2), Non Domestic Rates reg.14 (2): The Contractor deems these to be reasonable costs in carrying out the service of the service provider.

CTAX / Attendance Fee (£)
Up to £100 / £50.00
£101 - £300 / £100.00
£301 - £500 / £125.00
£501 - £1000 / £150.00
£1001 + / £175.00
NDR / Attendance Fee (£)
Up to £100 / £50.00
£101 - £500 / £100.00
£501 - £1000 / £150.00
£1001 - £2500 / £200.00
£2500 + / £250.00

3.The “redemption fee” held under category H of the schedule of fees for Council Tax reg.45 (2), Non Domestic Rates reg.14 (2); must not be charged to any debtor unless goods have been removed and returned to the customer.

4.Only one card payment per transaction can be charged to the debtor. Furthermore, if multiple payments are made on the same day, only one charge is permitted.

5.Waiting time cannot be charged to the debtor when bailiffs are in attendance with a view to making a levy or removal of goods. The fees outlined in part 2 are the only attendance fees permitted until such time as reasonable costs and fees are incurred for removal. The contractor must agree any subsequent fees to be added.

6.The fee chargeable to debtors when payment is tendered by credit card will not exceed 3.8%. Where payment is tendered by debit card a £1 administration fee can be charged.

Code of Practice – Quality checks

1.The Contractor will keep a record of all cases passed to the Service Provider and will update the computer system to reflect the fact the account has been passed to the Service Provider. The employees of the Contractor will be made aware these cases are under the control of the Service Provider and will advise them should any changes be made to the Liability.

2.The Service Provider must ensure that the status of the accounts is checked at each visit should the debtor question the balance outstanding to ensure the most up to date information is at hand.

3.The Contractor will quality check all work to be sent to the Service Provider and attempt to remove cases, which are deemed Uncollectible, deceased, bankrupt. Accounts less than £55 will not be issued to the Service Provider.

4. The Contractor will seek to pass work to the Service Provider on accounts with a Liability outstanding incurred after 1995.

  1. The Service Provider must maintain a daily record of visits and fees made as well as payments collected against the accounts. The Service Provider will be responsible for issuing payment of Liability to the Contractor within ten days of the payment clearing.

6.Copies of all letters and notifications left with the debtor must be retained by the Service Provider and provided to the Contractor should a request be made.

7.The Service Provider is responsible for checking the validity of the Liability Orders issued by the Contractor by means of duplicate reference number and identical hearing dates.

8.If more than one Liability Order is held and returned unable to execute (for whatever, reason) all associated accounts for that debtor should also be returned to the Contractor.

9.The bailiff will make a minimum of three unsuccessful visits to the debtors address before consideration is made to refer the account back to the Contractor. Visits may only take place on the same day if the bailiff has reason to believe that the debtor will be resident. Otherwise, subsequent visits must take place on a different day preferably at a different time of the day.

  1. A trace will be made on any debtor discovered to have absconded from the latest property. Un-successful traces should then be passed back to the Contractor with full notes of the activity carried out. Successful traces can be issued for bailiff action.

11.If the bailiff believes further visits would result in payment of the debt or lead to a removal of goods, action will continue.

12.Every effort must be made to contact the debtor prior to referring the Liability Order back to the Contractor as unsuccessful, including making enquiries at neighbouring property or premises of the debtor. All relevant information including employment or other financial details pertaining to the debtor must be fully documented and reported with each order returned.

13.This agreement is subject to a yearly review and may be terminated on thirty days written notice unless subject to gross misconduct.

9th July 2008