If you are claiming an out of work benefit, or are unemployed, then you are in a class of vulnerable people for the purpose of civil enforcement,[1] and the bailiff must give vulnerable debtors adequate opportunity to get assistance and advice before removing goods, otherwise, the enforcement stage fee is not recoverable.[2]
Tell the bailiff in writing to withdraw enforcement,[3] and that will give you time to approach the council.
Gather evidence of your benefits, or evidence that you are unemployed, and you can ask the council to stop enforcement and, the council can apply for Deductions from your benefits.[4]
When the council stops the enforcement,[5] the bailiff's fees and charges are not recoverable.[6]
Template. Stop bailiffs, get a Deduction of benefits
Send the letter to the finance director at the council, and get a certificate of posting from the post office.
Give a copy of the letter to the bailiff company by email and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the letter by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
[1] Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014
[2] Paragraph 77 of the Taking Control of Goods National Standards, published by the Ministry of Justice
[3] See Bailiffs and vulnerable debtors
[4] Regulation 2 of the Council Tax (Deductions from Income Support) Regulations 1993
[5] Paragraph 6(3)(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014
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