South Oxfordshire District Council s1

South Oxfordshire District Council

Bailiff Code of Practice for the Collection of Council Tax, Non-Domestic Rates and Community Charges

1. Introduction

1.1 Bailiffs act on behalf of Local Authorities and it is therefore the responsibility of South Oxfordshire District Council to control the activities of those who act on its behalf. It is therefore imperative that the following principles are adhered to, to ensure that the methods practised by the bailiffs acting on behalf of South Oxfordshire District Council are acceptable and lawful.

2. General Principles

2.1 Bailiffs shall levy distress in a humane, firm, but fair manner.

2.2 South Oxfordshire District Council seeks to recover the debt as quickly and as reasonably practicable as possible without imposing hardship. It is not the policy to recover debts at all costs.

2.3 Bailiffs acting on behalf of South Oxfordshire District Council will be issued with a photographic identity card from their firm along with authorisation from South Oxfordshire District Council and these should be used at all times when dealing with debtors.

2.4 Bailiffs acting on behalf of South Oxfordshire District Council must adhere to the relevant provisions prescribed in:

(i) The Council Tax (Administration and Enforcement) (Amendment) Regulations 1998 Regulation 45(2).

(ii) The Non-Domestic Rating (Collection and Enforcement)(Local Lists)(Amendment) Regulations 1998 Regulation 14(2)

(iii) The Community Charges (Administration and Enforcement) Regulations 1989 Regulation 39(2).

3. Appointment and Training of Bailiffs

3.1 It will be a pre-requisite to the appointment of a bailiff firm for all the procedures and documentation used for the levying of distress to be provided to South Oxfordshire District Council. These must be approved by South Oxfordshire District Council and never amended unless agreed by South Oxfordshire District Council.

3.2 The bailiff firm must be registered under the Data Protection Act 1998.

3.3 The bailiff firm must ensure that there is a structured training programme which will result in the certification of bailiffs. It is a statutory requirement that all enforcing bailiffs are certificated.

3.4 Bailiff work done on behalf of South Oxfordshire District Council must not be contracted out to a third party. However, where a sub-contractor is needed to remove specialist items this will be acceptable under the supervision of the bailiff firm.

3.5 Bailiffs should be able to advise debtors on where they can obtain debt advice within the area and should be prepared to liaise with agencies when required to do so.

4. Information to Debtors

4.1 Bailiffs visiting premises for the purpose of levying distress should show their I.D. card and authorisation along with confirmation of instructions to recover the debt.

4.2 The I.D. card and instructions to recover the debt should be shown to any person who is being requested to allow the bailiff into (or onto) the premises whether or not that person asks to see them. The provisions pertaining to the levying of distress in Regulation detailed in 2.4 above must also be adhered to.

4.3 The name of the bailiff who has attended the premises should be made clear on all documents (including posted documents left on the premises) left with the debtor or any other person.

4.4 Individual bailiffs of the bailiff office will issue adequate receipts for sums received. Bailiffs should always advise the debtor to keep the receipts for future verification and/or proof of payment. It is accepted that postal payments may not be acknowledged unless a stamped addressed envelope is supplied.

4.5 Agreements of repayments made by the bailiff shall be recorded in duplicate with a copy provided to the debtor. Any arrangements made should be made available to South Oxfordshire District Council either via computer link or paper copy as soon as practicably possible.

5. Confidentiality and Access to Information

5.1 An individual bailiff or bailiff firm must not sell or exchange any information relating to the identity of the debtor or member of the debtor’s household with any person other than South Oxfordshire District Council. However, South Oxfordshire District Council will give authorisation for a bailiff to provide information to any bone fide advisor, lawyer or other family member who is acting on behalf of the debtor.

5.2 South Oxfordshire District Council shall have access to all of the bailiffs files and computer information relating to the levying of distress for any of its debts placed with the bailiff firm.

6. Means of Communication

6.1 The bailiff firm shall ensure it has adequate communication links with South Oxfordshire District Council and this will include a computer link as well as facsimile and telephone facilities.

6.2 The type and frequency of reports and frequency of payments made to South Oxfordshire District Council by the bailiff firm will be covered in an exchange of letters included in a contract or service level agreement.

6.3 The bailiff firm should ensure that there is an appointed individual administrator for South Oxfordshire District Council and other channels made available for complaints if this becomes necessary.

6.4 The bailiff firm shall ensure that they have minute to minute contact with bailiffs levying distress at a debtor’s property and can issue instructions to bailiffs through a mobile telephone.

6.5 The bailiff firm shall ensure that they have adequate phone lines available to enable debtors to make telephone contact with their offices at the price of a local call.

7. Actions in Levying Distress

7.1 Before seeking access to premises, the bailiffs shall firstly seek to establish whether the debtor in the authority (liability order) supplied to him, still lives at the premises concerned.

7.2 When levying distress the bailiff should:

(i) gain physical access to the premises without using force

(ii) identify items (apart from items listed as being exempt by South Oxfordshire District Council) and list those items in duplicate on a walking possession agreement form

(iii) allow the debtor to read the walking possession order

(iv) obtain the signature of the debtor on the walking possession order and give him a copy of it.

7.3 No access shall be required to the premises if there is no person over 18 years of age on the premises.

7.4 Distress cannot be levied unless the debtor (or other responsible person in respect of NNDR debts) is present on the premises.

7.5 Only the debtor can sign the walking possession agreement.

7.6 Nothing can be distrained that is not listed on the walking possession document.

7.7 No forced entry shall be made to any property or part of property for the purpose of levying distress.

7.8 No entry to premises shall be attempted before 6 am or after 9 pm in respect of Council Tax and Community Charge debts.

7.9 Before levying distress, the bailiff shall ensure that the goods which he proposes to distrain on, belong to, or are jointly owned, by the debtor.

7.10 If the debtor is not present on the premises when the bailiff calls the case should not be discussed with any other persons, (other than spouses) and documents left should be in a sealed envelope with the name and address of the debtor (or other responsible person in respect of NNDR debts) on it.

7.11 In the case of Community Charges and Council Tax payers no attempt should be made to enter into walking possession or to remove goods without obtaining prior approval from South Oxfordshire District Council, if it is apparent that the debtor is:

(a) a pensioner

(b) a disabled person

(d) suffering from a recent bereavement

(e) a single parent family

(f) pregnant

(g) unable to understand English

(h) a benefit recipient

(i) unemployed

(j) blind or deaf

The bailiff should establish for himself whether the debtor falls into any of these categories.

7.12 Any bailiff making a distress for Council Tax debt shall not seize goods in accordance with those prescribed in Regulation detailed in 2.4 above where as far as South Oxfordshire District Council is concerned will include the following:

(a) clothing reasonably required for the use of the debtor or a member of his or her household

(b) the implements, tools of the trade, books or other equipment reasonable required for the use of the debtor in his employment, business or vocation

(d) books or other articles reasonably required for the education or training of the debtor or his/her children

(e) toys for the use of any child member of the debtor’s household

(f) articles reasonable required for the care or upbringing of a child member of the debtor’s household

(g) articles reasonably required for the care of any pensioner or a person of any age suffering from mental or physical disability

(h) the following items when reasonably required for the use of the debtor’s or his/her family’s domestic needs:

(i) beds or bedding

(ii) household linen

(iii) chairs or settees

(iv) tables

(v) food

(vi) lights or light fittings

(vii) heating appliances

(viii) curtains

(ix) floor coverings

(x) furniture, equipment or utensils used for cooking, storing or eating food

(xi) refrigerators

(xii) articles used for cleaning, mending or pressing clothes

(xiii) articles used for cleaning the home

(xiv) furniture used for storing items of equipment

(xv) tools used for the maintenance or repair of the home

(xvi) any items purchased using Social Fund payments paid by the Benefits Agency in accordance with provisions in the Child Care Act 1969 or the Children Act 1989

7.13 Any bailiff making distress for a Community Charge debt shall not seize goods in accordance with those prescribed in Regulation 39 (1a) of the Community Charge (Administration and Enforcement) Regulations 1989 which includes the definitive list laid out in 7.12 above.

7.14 Any bailiff making a distress for an NNDR debt shall not seize goods in accordance with those prescribed in Regulation 14(2) of the Non-Domestic Rating (Collection and Enforcement)(Local Lists) (Amendment) Regulations 1998.

7.15 Where any commercial removal may result in serious job losses, South Oxfordshire District Council should be consulted before that removal is effected.

8. Bailiffs Charges

8.1 Charges made (on the debtor) in connection with distress will not exceed such sums as set out in the relevant legislation which are:

(i) Council Tax: the charges set out in Schedule 5 of the Council Tax (Administration and Enforcement) Regulations 1992 (as amended).

(ii) NNDR: the charges set out in Schedule 3 of the Non-Domestic Rating (Collection and Enforcement) Regulations 1989.

(iii) Community Charges: the charges set out in Schedule 5 of the Community Charges (Administration and Enforcement) Regulations 1989.

8.2 Other charges made on the debtor in connection with distress where amounts are not prescribed in Regulations and where the bailiff firm has discretion will be approved by South Oxfordshire District Council by exchange of letters included in a contract or service level agreement.

8.3 The bailiff firm shall not make any charges for the posting of letters or for receiving payments whatever method is used for making such payment.

8.4 Where instructions are received from South Oxfordshire District Council to suspend distress, the bailiff shall ensure that no further costs are incurred by the debtor.

8.5 Whether or not an agreement to pay by instalments is made at the time of levying distress, the bailiff shall be entitled to enter into a walking possession agreement. Where a debtor wishes to enter into extended instalment arrangements the bailiff firm shall ensure that a walking possession agreement has been signed by the debtor.

N.B. The bailiff should always attempt to obtain employment details from the debtor before entering into a walking possession agreement.

9. Removal and Sale of Goods

9.1 The bailiff should not remove goods from premises unless he is certain that the principles set out above have been adhered to. If the bailiff is uncertain as whether to proceed he should contact South Oxfordshire District Council before doing so.

9.2 Where any commercial removal may result in serious job losses, South Oxfordshire District Council must be consulted prior to the removal.

9.3 The bailiff firm shall submit to South Oxfordshire District Council upon appointment their policy relating to sales and the method of sale they propose to adopt. Such policy shall be approved by South Oxfordshire District Council.

9.4 The bailiff shall take all steps possible to obtain the best price and shall impose a reserve price at any auction when required to do so by South Oxfordshire District Council. In certain cases an auction may not be the appropriate method of obtaining the best price e.g. where an item concerned is of a specialist nature or of particular value. The bailiff should liaise with South Oxfordshire District Council if he thinks this may be the case to decide on the best possible course of action.

9.5 The bailiff firm must report the place and time of the sale to South Oxfordshire District Council and the debtor at least 5 days before the sale is to take place.

9.6 Where a sale has taken place, the bailiff form shall report to the debtor the prices of each item which have been sold.

9.7 Where the bailiff is in possession of a debtor’s goods he shall ensure that they are handled with due care and attention and properly secured for the purpose of transporting them. The goods must be adequately insured and safely stored pending sale.

9.8 The commission and expenses incurred in connection with the sale of a debtor’s goods (whether it be Council Tax, NNDR or Community Charges) shall not exceed those set out in the relevant Regulations quoted in 8.1 above.

9.9 Any commission and expenses which are not prescribed in regulation must be approved by South Oxfordshire District Council in a contract (or service level agreement) or when an individual sale occurs.

10. Complaints

10.1 The bailiff firm shall appoint a named Senior Manager to deal with complaints other than South Oxfordshire District Council’s administrator, and this person should have immediate access to instruct bailiffs operating on behalf of South Oxfordshire District Council.

10.2 All correspondence sent or left with the debtor by the bailiff firm should provide a contact number other than the individual bailiff in order for debtors queries to be addressed and for complaints to be made.