Payments to bailiffs is going missing
If a bailiff has arranged a repayment plan for your debt and you faithfully make the payments, but you later discover that the money isn't reaching the council as agreed, you find yourself in breach of the arrangement.
When funds go missing, it's highly likely that the bailiff is responsible for the discrepancy and may attempt to attribute it to an error.
Bailiffs are aware of their immunity from theft accusations and criminal liability regarding money or property, as police typically considers such crime as a civil matter.
Fees are typically collected once the debt, or the "amount outstanding," is settled. These fees are not divided between the council and the bailiff, as delineated by Regulation 13 of the Taking Control of Goods (Fees) Regulations 2014, which pertains solely to proceeds from the sale of goods when the amount raised falls short of the outstanding debt.
If you suspect a bailiff has been appropriating money
This provides the net amount that remains outstanding, or that the council owes you.
If you lack documentation of all payments made to both the council and the bailiff, use the template below to correspond with the council, and ensure to provide a duplicate to the bailiff.
Email the bailiff company: Request a comprehensive record of all payments submitted to the bailiff company.
Capture a copy by taking a screenshot of the sent email to document the time it was sent.
Email the council: Request a detailed record of all payments received by the council, both directly from you and via the bailiff company.
Capture a copy by taking a screenshot of the sent email to document the time it was dispatched.Compare the council's records with those of the bailiffs. If any payments are missing, address the issue directly with the council.
Ignore the bailiff's fees, as they are fixed by law at £75 for each liability order, and the £235 enforcement stage fee applies only once, regardless of the number of simultaneous liability orders.