You Paid Your Council Tax. The Bailiff Is Pestering You For His Fees

Once the council tax amount specified on the Liability Order has been paid or "tendered" to the council, without the bailiff taking control of your goods, then paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states the enforcement power (in this case, the Liability Order) ceases to be exercisable.

Consequently, the bailiff cannot recover fees by threatening to take control of goods.

If the bailiff takes a money transfer from you under the pain of removing goods then the bailiff is in breach of Paragraph 6(3) of Schedule 12 and you may apply to the court for the return of that money under Civil Procedure Rule 84.13

Paragraph 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 prescribes the "Amount Outstanding" to comprise of two components:

The outstanding sum specified on the Liability Order.

The costs or disbursements "reasonable and actually" incurred by the bailiff for taking and selling your goods—enforcement.

Section 63 of the Tribunals Courts and Enforcement Act 2007 defines "enforcement" to mean taking control of goods and selling them to recover a sum of money

Once the enforcement power under the Liability Order ceases, the bailiff cannot demand payment of his fees under the threat of removing your goods.

Upon paying the sum specified on the Liability Order, it is your responsibility to notify the bailiff or their office that you have paid the outstanding amount directly to the council.

This notification, as per paragraph 59 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, is crucial as it relieves the bailiff of any further liability, hence its unofficial name: a "Paragraph 59 Notice."

If a bailiff harasses you regarding their fees, it is essential to gather evidence of the Liability Order indicating the sum adjudged to be paid, along with proof of payments made to satisfy sum adjudged.

With this evidence, you can then apply to the court for an order restraining the bailiff to stop harassing you, by making an application under section 3 of the Protection from Harassment Act 1997.


Template: Paragraph 59 notice. Send an email and text message notifying both the bailiff company and the bailiff that the council has been paid.

Capture screenshots of the sent email and text message, ensuring to record the time of sending. These screenshots should be kept as evidence in case you need to pursue a claim.