Lewes District Council

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Council Tax
Lewes District Council
4 Fisher Street
Lewes
East Sussex
BN7 2DQ


Tel: 01273 484189
localtax@lewes.gov.uk
Minicom 01273 484488

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Council Tax Enforcement

We can take action if you do not and will not pay your local taxes. Here’s a guide to our enforcement procedures if you do not or will not pay your taxes.

Contact our Revenues Services if you have any questions if you owe us money and need help in paying.We will do all we can to help if you have money problems.

Alternatively, you can contact the local Citizens’ Advice Bureau Debt Advice Service on 01273 473082.

Otherwise, we can collect the money you owe once the Magistrates have granted a Liability Order. You will have to pay the cost of us issuing a Summons and the granting of this. This currently costs £55.

Further costs could be added if you do not pay straight away and we have to use additional collection methods.

Action Taken

Under the powers granted by the Magistrates we can without giving you further notice take action.

Taking Money from Your Wages

If you are working, we can order your employer to take an amount, set by law, from your wage or salary before you are paid. Your employer can also charge you a small fee for doing this.

Taking Money from Your Benefits

If you are in receipt of Income Support or Job Seekers Allowance, we can ask the Benefit's Agency to take money from your benefit. Generally they will only be able to do this if other money is not already being taken.

Making a Charging Order

If you owe at least £1,000 we can apply to the County Court to place a “Charge” on your property. When the property is sold we get the money we are owed before you get any money from the sale.

In certain cases we may be able to force your property to be sold.

Being Made Bankrupt

If you owe more than £750 we can ask the County Court to start bankruptcy action. If you are made bankrupt all your belongs and assets will become the property of the Receiver. You will be unable to get credit and your bankruptcy will be widely known.

Going to Prison

If the bailiffs are unable to seize belongings to the value of the debt, we may apply to the Court for you to go to prison. You will have to explain to the Magistrates why you have not paid.

If they decide your failure to pay has been due to refusal or neglect, they can send you to prison for up to 3 months.

In some cases, this can be suspended if payment is made to the Magistrates’ Order. You will get extra costs on your account for this action.

Bailiffs

We may instruct bailiffs to take your belongings to sell at public auction. This will help raise the money to pay your debt.

You will be given 14 days notice before your belongings are taken. You can prevent this by paying the debt together with any charges or costs that may have arisen.

You can sign an agreement with the bailiff to prevent your goods being taken. This is called a “Walking Possession” agreement. This confirms you will pay the debt over a period of time.

If you keep the agreement the debt will eventually clear and this will end of the matter. If you fail to keep the agreement you will incur further costs and risk having your goods removed for sale.

The bailiff carries the written authorisation of the Council. You can ask to see this.

Charges

The bailiff is entitled to make charges. You will have to pay these as well as the unpaid Council Tax. The amount of the charges will depend on how long you wait before paying or making an arrangement with the bailiff.

The charges are £22.50 for a first visit and £16.50 for a second visit.

A percentage of the debt for levying distress (taking goods or taking walking possession of goods) together with an additional charge of £11.00 where walking possession is taken.

These are £22.50 up to a debt of £100 or where a debt over £100, £22.50% for the first £100, 4% of the next £400, 2.5% of the next £1,500, 1% of the next £8,000 and
0.25% for any remaining sum.

Reasonable costs are also payable for such things as one attendance with a vehicle with a view to the removal of goods (where following the levy goods are not removed), the removal and storage of goods for the purposes of sale, appraising distained items, advertising and an auctioneer’s commission and expenses.

Sale of Goods

Goods taken will be sold at public auction. The value realised may be considerably less than their replacement value. The sale would not normally take place until at least five days after the removal of goods.

If before sale is preceded with the outstanding sum, plus charges arising up to that point, paid in full the amount will be accepted, the sale will not proceed and the goods will be made available for collection.

Protected Goods

Some goods that you need to live or work cannot be taken.  The law has set these out as 'such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of the debtor and his family.

'Such tools, books, vehicles, and other items of equipment as are necessary to the debtor for use personally by him in his employment, business or vocation'.

Documentation

If items are taken, you must be handed or a copy left at the premises a note of the amount ceased.

Close possession is where the bailiff stays on the premises with the goods until payment is made or the goods removed for sale. This method is rarely used.

Special Circumstances

If you are elderly and have difficulty in coping, are disabled, suffer from long-term sickness or serious illness, have recently been bereaved, are a single parent family, have difficulty understanding English, or are on Income Support, you, or someone acting on your behalf should make the bailiff aware of your position.

The bailiff will be able to take account of your individual circumstances before deciding what further action is appropriate.

Appeals

If you think the bailiff action has been irregular you can apply to the Magistrates’ Court for a summons against the Council.

If the Court is satisfied that a levy was irregular, and not in accordance with the Council Tax regulations, it can order the return of the goods, award compensation and order us not to act in the same manner in the future.

The Court could of course award costs against you for a frivolous application.

Acting Bailiffs

We currently employ two bailiff companies to act on our behalf.

Chandlers Limited

Suite 8/9 Market House
12/13 Market Square
Bromley, Kent BR1 1NA
Tel: 0181 290 0866

Stanford & Green

Barker Chambers
Barker Road
Maidstone
Kent ME16 8SF
Tel: 01622 683308

This is provided for guidance only and not intended to be comprehensive or relied upon in the place of independent legal advice.