Care and support

Do I have to pay the bailiff’s fees?

The fees that bailiffs can charge for recovering money vary. There are fixed fees for bailiffs collecting council tax.

Where the bailiff visits but does not seize goods or obtain a walking possession agreement, the fees for the first visit by a bailiff are £24.50 and £18.00 for a second visit. No charge is made for a third or subsequent visit.

Where the bailiff seizes goods or agrees a walking possession agreement, the fees are:

• £24.50 for debts up to £100 (or for the first £100)
• 4% of the next £400
• 2.5% of the next £1500

A bailiff can add a flat rate of £12 for a walking possession agreement in addition to the costs above. A reasonable charge can be made for the removal and storage of goods.

The charges above apply only to bailiffs collecting council tax debts. The fees for bailiffs collecting other debts will vary. All bailiff fees (with the exception of magistrates' court bailiffs) can be looked at by the county court to see if they are reasonable or excessive. This is known as 'detailed assessment'. If you think that the bailiff's fees are excessive you should get further advice about this.

What should I do if I get notice that a bailiff is about to visit my home?

Remember you do not have to let a bailiff into your house or flat. If you make sure that all doors and windows are locked, the bailiff will not be able to gain access to your home. If they cannot get in, they cannot lawfully seize goods. However a bailiff can seize goods belonging to you left outside your home, for example your car. A bailiff may call a number of times to try and gain entry. Eventually they will return the warrant to the court or local authority if they are unable to gain entry, or you do not have enough goods to pay off the debt and fees.

Secondly, get the matter out of the hands of the bailiff and back to the county court, local authority or creditor. The next paragraph tells you how to do this.

If the debt is an unpaid county court judgment you can apply to the court to stop ("suspend") the warrant and vary the instalments you were ordered to pay by the court. You can apply to do this on form N245, available from the court. The form asks for details of your income and outgoings with a few personal details such as whether you work. You will have to pay a fee at the court which is currently £35.00, unless you are getting income support, income-based jobseeker's allowance, the guarantee credit part of pension credit, or working tax credit with no child tax credit. You may have to show proof that you are receiving these benefits.

You can also be exempt from the fee if you have earnings below a set level. This depends upon the number of children you have and whether you are single or part of a couple. The table below gives more information.

Single:
Number of children Total gross income

0 £12,000
1 £14,735
2 £17,470
3 £20,205
4 £22,940

Couple:
Number of children Total gross income

0 £16,000
1 £18,735
2 £21,470
3 £24,205
4 £26,940



For additional children add an extra £2,735 for each child to the gross income figure for 4 children.

More information can be found in leaflet EX160A, available from courts.

The fee can also be waived if you are on a low income and payment of the fee would involve undue financial hardship. Applications for a fee reduction or waiver are dealt with entirely on an individual basis according to circumstance and there are no precise guidelines about when a fee should or should not be reduced or waived. In either case you must complete Form Ex160 and send or take it to the court with the N245.

Some county courts may refuse to suspend a warrant of execution until a walking possession agreement has been signed. This goes against guidance issued by the Lord Chancellor’s Department and if it happens to you seek further advice.

If bailiffs are collecting unpaid council tax it is often difficult to negotiate instalment payments with the bailiff or the local authority until the warrant is returned or withdrawn from the bailiff. However, you should try to negotiate instalment payments with the local authority and encourage them to withdraw the warrant from the bailiff. It is important to make clear that although you are unwilling to let the bailiff in, you are willing to make instalment payments at a rate that you can afford.

If you need help filling in forms or negotiating with creditors or bailiffs, see the ‘further help’ section below.