If a summons is issued and before the application is heard, you pay or tender to the council the sum outstanding, and the cost of the application,[1] authority shall accept the amount and the application shall not be proceeded with.[2]
If, after the summons is issued and before the application is heard, you pay or tender to the council an amount equal to the sum specified in the summons and the costs reasonably incurred,[1] for applying for the summons, the council shall accept the amount and the application shall not be proceeded with.[3]
Where a liability order has been made, and before the bailiff takes control of goods, the debtor pays or tenders to the council the appropriate amount (including charges arising up to the time of the payment or tender), the council shall accept the amount and the levy shall not be proceeded with.[4]
When the bailiff has taken control of goods, but before sale of those goods, the debtor pays or tenders the appropriate amount (including charges arising up to the time of the payment or tender) to the council. It shall accept the amount and the sale may not continue with the goods made available for collection by the debtor.[5]
Tender the amount outstanding,[6] together with any costs reasonably incurred,[1] to the council by making a cheque, and taking a picture of it with the envelope addressed to the council.
Then give the bailiff a notice telling him the amount outstanding has been paid,[7] otherwise he is not liable if he takes an enforcement step.
If the council does not bank the cheque, the money stays in your account.
When the amount outstanding,[8] has been paid, the enforcement power ceases to be Exercisable,[9] the bailiff may not recover fees and charges,[10] and bailiffs must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.[11]
If the bailiff takes an enforcement step, you may recover damages for the breach.[12] together with your costs.[13][14]
[1] Cost of applying for a Liability order is £3. Schedule 1(5) of the Magistrates’ Courts Fees Order 2008
[2] Section 17(1) of Schedule 4 of the Local Government Finance Act 1992
[3] Regulation 34(5) of the Council Tax (Administration and Enforcement) Regulations 1992
[4] Regulation 45(1) of the Council Tax (Administration and Enforcement) Regulations 1992
[5] Regulation 45(4) of the Council Tax (Administration and Enforcement) Regulations 1992
[6] Paragraph 59(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[7] See Giving bailiff a Paragraph 59 Notice
[8] Paragraph 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[9] Paragraph 6(3)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[10] Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014
[11] Paragraph 31 of the Taking Control of Goods: National Standards, April 2014
[12] Paragraph 66(5) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[13] Civil Procedure Rule 46.5
[14] Rule 3.1, Practice Direction 46.5
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