Frequently Asked Questions in respect of Court Orders - the answers are provided as guidance and should not be relied upon in law. You are advised to seek legal representation for further clarity.
The bailiff has contacted you because this office has been issued with a court order for your debt.
You must contact the bailiff to prevent the enforcement process escalating.
The bailiff will seek to assess your situation and levy distraint on assets you may have. If there is genuine hardship this will be taken into consideration when discussing any arrangement possibilities.
Although the bailiffs have a right to enter and seize goods they will only use force to gain entry in certain circumstances. Should you deliberately prevent this it could be deemed as wilful refusal for which, in respect of Council Tax, the authority many seek an application for your arrest. It is better to talk to the bailiff so that the matter can be resolved.
In order to leave goods in your possession the bailiff will ask you to sign a walking possession (Request Not To Remove Goods). This is an undertaking by yourself that although still in you possession the goods are now subject to distress and could be removed at a later date should you fail to pay. Should you refuse to sign this form the bailiff will have no alternative to remove goods immediately.
There may be a problem with the card but if we have levied and clamped your vehicle, or removed goods pending sale only a customer present transaction will be acceptable.
At this stage your debt is a confidential matter between the local authority, us and you. Once the debt is discharged the matter is closed.
You will never be asked to pay the same debt twice. We will need confirmation from the council that you have indeed paid. Be advised that any cost incurred to date by us will have to be paid if it is deemed you paid direct following our actions. Failure to pay these costs will result in further enforcement action and costs.
Should a removal take place the goods will be removed and taken to auction. You will have a further period to make payment but should you fail to pay the debt and enforcement costs the goods will be sold. If there is a surplus it will be returned to you if the sale fails to realise the full debt you will be asked to pay the balance.