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Luton Borough Council

Bailiff FAQs

Bailiffs are also known as enforcement agents or debt collectors. We have answered the most common questions relating to Luton enforcement agents here. If you have any other questions our contact details are at the bottom of the page.

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Council tax and / or business rates

You will have been issued with a bill as payments have not been made or made late. As the amounts have remained unpaid it has resulted in a summons being issued before a liability order was granted by the magistrates’ court enabling us to pass the case to a bailiff for collection.

Parking

As the registered keeper of a vehicle you will have had a parking ticket (Penalty Charge Notice or PCN). Prior to obtaining a Warrant of Control from the traffic enforcement centre you will have had a number of opportunities to pay or challenge the PCN. The Warrant of Control enables the case to be passed to a bailiff for collection.

Sundry debt

You will have been issued an invoice and a number of reminders for payment of a debt for goods or services you have received from us. As payments remain outstanding the debt has been referred for a bailiff to collect the amount due.

Housing benefit overpayment

You will have been issued with an invoice and a number of reminders where you have received housing benefit for a period that you were not entitled to receive the amount or part of the amount. As payments remain outstanding the debt has been referred for a bailiff to collect the amount due.

There are three stages of enforcement:

  • compliance
  • enforcement
  • sale or disposal

Stage 1 - compliance

The compliance stage fee of £75 is charged on each case we receive for you, even if multiple cases are received at the same time.

If you can’t pay in full then please contact us to discuss your circumstances and see if we can accept an arrangement.

Enforcement stage

The fee at the this stage is:

  • £235.00 for debts under £1,500
  • £235.00 + 7.5% of the original debt amount over £1,500.

See 'bailiff fees and regulations' for details about fees for each stage.

We will pass the case to one of our bailiffs if:

  • payment is not received
  • an arrangement is defaulted
  • you do not make contact with us following the first letter we send to you

The bailiff fee will be raised when the bailiff makes their first visit to the address or premises.

If the bailiff has attended your address and left a notice as you were out, you should contact the bailiff immediately by calling the telephone number provided on the letter left at your address.

The bailiff will be seeking payment in full. Where appropriate, the bailiff may enter into an arrangement on the basis that we take control of goods and you enter into a controlled goods agreement. Goods will remain with you on the basis that you pay as agreed.

If you ignore the visits by the bailiff then the agent can proceed to secure and remove your vehicle or goods immediately for sale in a public auction incurring you with further fees.

Sale

The fee at this stage is:

  • £110.00 for debts under £1,500
  • £110.00 + 7.5% of the original debt amount over £1,500.

See 'bailiff fees and regulations' for details about fees for each stage.

Where despite our efforts in the compliance and enforcement stages the debt and fees remain unpaid or an arrangement is not kept to, then bailiffs will progress the case to the sale or disposal stage.

This will incur you with further costs and may result in your goods or vehicle being removed and sold.

From 6 April 2014 all bailiff action and the fees that can be charged are governed by the Tribunals Courts & Enforcement Act 2007 and Taking Control of Goods (Fees) Regulations 2014.

Fees are prescribed under the above regulations, we are therefore unable to reduce or cancel any charges raised.

See 'bailiff fees and regulations' for details about fees for each stage.

Please contact us immediately on the number provided on your letter. We may in some circumstances be able to consider an arrangement to pay in instalments.

Bailiffs are fully trained to undertake a means enquiry. They can discuss repayment options based on your circumstances and clearing the debt within timescales set by us. We can also signpost you to impartial free debt or welfare advice groups for additional support where we think it is necessary.

Arrangements made and kept at compliance stage means that an enforcement agent will not visit your property, and fees are kept to a minimum.

Arrangements made and kept to at enforcement stage will be on the basis that a Controlled Goods Agreement is in place, securing the balance with your goods.

If you cannot keep up with repayment of your arrangement, please call us on the number on your letter immediately so we can review the situation and avoid further action from taking place.

There are several organisations, some local and some national, that offer advice if you are in debt.

See 'help and advice for debt issues'

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If you think you do not owe the debt you must call us immediately using the phone number on your letter and explain why. You will be asked to provide evidence to support this.

Please do not ignore notices. If you do, we will continue to attempt to make contact and you will incur additional charges.

Vulnerable people are defined as:

  • pensioners
  • disabled people
  • single parent families
  • unemployed people
  • mental handicap or mental confusion
  • long-term sickness, serious illness or frailty
  • deafness or blindness or limited sight or hearing
  • recent bereavement (for example if a close family relative has died)

If you have been contacted by a bailiff and you fall into one of the categories shown above, please tell us immediately at using the phone number on your letter.

However hard we try, occasionally things go wrong. Please help us to put them right. You may want to complain if you think:

  • we have not treated you fairly
  • we have not treated you politely
  • we have not done something you think we should have done
  • we have done something badly

If this is the case please email [email protected]. We will respond within ten working days.

Follow this link for further information on how to complain about a bailiff

Contact info
Luton enforcement agents

Tel: 01582 548631

[email protected]

 

© 2024 Luton Council, Town Hall, Luton LU1 2BQ