Payments to bailiffs is going missing

If a bailiff has made a repayment agreement on your debt, and you keep to making those payments, then you discover the money is not reaching the council putting you in breach of the agreement.

If money goes missing then in probability, the bailiff is stealing it and then tries putting it down to a mistake.

Bailiffs know they are immune from theft of money or property because the police say the crime is a civil matter.

Fees are only collected after the debt is paid (the "amount outstanding"). They are not apportioned between the council and the bailiff, because the rule of apportionment comes under Regulation 13 of the Taking Control of Goods (Fees) Regulations 2014, and only applies to the proceeds from the sale of goods where the money raised is less than the amount outstanding.


If you suspect a bailiff has been appropriating money

1. Record of every payment made, and sum up the total.

2. Add the total sum of liability orders for the time of occupancy.

3. Subtract any council tax benefit entitlements from the sum from step 2 above

4. Subtract the sum from Step 1 from Step 2, leaving outstanding council tax you still owe. You might be owed money because of overpayments.

5. Subtract the sum you made in step 3 from the sum in step 4 above.

That gives the total sum you still owe, or you are owed by the council.


If you don't have a record of all payments you have made to the council and the bailiff, send the following template to the council and a copy to the bailiff.

Email the bailiff company: Ask the bailiff company for a record of all payment given to the bailiff company.

Record a copy by taking a screenshot of the sent email capturing the time it was sent

Email the council: Ask the council for a record of all payment given to them by you and by the bailiff company.

Record a copy by taking a screenshot of the sent email capturing the time it was sent

Marry up the councils record with the bailiffs record. If you find missing payments then you have recourse from the council.

Disregard the bailiffs fees, these are set by law at £75 for each liability order, and the £235 enforcement stage fee only applies once regardless of the number of simultaneous liability orders.