You've settled your council tax, yet the bailiff persists in pursuing his fees.

Once the council tax indicated on the liability order has been settled or offered to the council without any goods being taken into control by a bailiff, the enforcement authority terminates. Subsequently, the bailiff is prohibited from retrieving his fee by threatening the removal of goods.

Should a bailiff seek to recover his fee subsequent to the settlement of the "amount outstanding" with the council, the entitlement for a bailiff to recover his fees must be sought independently, akin to any other tradesman attempting to address a fee discrepancy.

The legal framework delineates the "Amount Outstanding" as comprising two elements, namely:

The outstanding amount delineated on the liability order

the expenses or outlays disbursed (paid) by the bailiff for the process of taking and selling your possessions - Enforcement

The term "Enforcement" is legally defined as the process of taking control of goods and selling them to recover a sum of money.

The law specifically delineates the outstanding amount to include only costs, not fees.

In the absence of an enforcement power, the bailiff lacks lawful authority to demand money, thus engaging in harassment or pestering without legal justification.

The individual subjected to such harassment can seek an injunction for breach of paragraph 6 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, restraining both the council and the bailiff from such actions without lawful authority.

The Law:

Paragraph 6 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:

6(1)For the purposes of any enforcement power the property in goods of the debtor ceases to be bound in accordance with this paragraph.

2)The property in any goods ceases to be bound—

(a)when the goods are sold;

(b)in the case of money used to pay any of the amount outstanding, when it is used.

(3)The property in all goods ceases to be bound when any of these happens—

(a)the amount outstanding is paid, out of the proceeds of sale or otherwise;

(b)the instrument under which the power is exercisable ceases to have effect;

c)the power ceases to be exercisable for any other reason.

"amount outstanding" is defined in paragraph 50(3) of Schedule 12 of the 2007 Act, which states:

(3)The amount outstanding is the sum of these—

(a)the amount of the debt which remains unpaid (or an amount that the creditor agrees to accept in full satisfaction of the debt);

(b)any amounts recoverable out of proceeds in accordance with regulations under paragraph 62 (costs).

Send an email and text message to inform the bailiff company and the individual bailiff that the council has received payment.

Capture screenshots of both the sent email and text message, noting the time of transmission, and retain them as evidence in case of future claims.