Enforcement Agents (bailiffs)

This factsheet explains what enforcement agents (also known as bailiffs) do when collecting unpaid council tax, business rates, and traffic fines owed to councils.

If your complaint is about a bailiff collecting council tax, business rates, or traffic fines, we can usually consider it. This is because the bailiff is working on behalf of the council. However, we cannot investigate complaints about bailiffs collecting other types of debt or when they are working for the courts.

You should first make a complaint to the council. The council may ask the bailiff to deal with your complaint initially. If you are not satisfied with the outcome, the council should then respond to your complaint.

If you are still unhappy, you can make a complaint to us.

We can look at complaints about:

• Not being given enough information about a debt or any fees that have been added
• A public body not properly investigating a complaint about an enforcement agent acting on its behalf
• An enforcement agent not following the correct procedures
• An enforcement agent behaving in a threatening or inappropriate way
• A bailiff charging incorrect costs or fees
• A bailiff not taking a person’s vulnerability or personal circumstances into account.

We cannot:

• Investigate whether an enforcement agent is fit to do their job
• Investigate complaints that have already been considered by a county court
• Change the amount of money someone owes
• Remove charges or fees that have been correctly applied
• Stop or delay enforcement action
• Investigate the reasons for a court order after it has been made
• Require an enforcement agent to accept lower payments or payment by instalments
• Investigate complaints about enforcement agents collecting debts other than council tax, business rates, or traffic penalties
• Investigate complaints about enforcement agents carrying out an eviction from a home.

We can only investigate complaints about enforcement agents when they are working on behalf of a public body, such as a council.

We recognise that visits from enforcement agents can be unpleasant. However, enforcement agents play an important role in collecting unpaid debts. If payment is not made, they may be able to remove belongings to recover the debt. They can also add fees and charges to the amount owed.

If someone has the right to challenge a decision through the courts, we would normally expect them to do so. Complaints about an enforcement agent’s fees, behaviour, or suitability to carry out their role can be made to the county court that issued their enforcement agent certificate.

In some cases, it may be reasonable for a person to take legal action, especially where there are concerns about serious misconduct or where the law or facts are disputed. Legal action can involve costs, so it is important to seek advice from a qualified legal professional before proceeding.

Citizens Advice can offer free, confidential and impartial advice about money and debt. Further information can be found here: https://www.citizensadvice.org.uk/

The Enforcement Conduct Board (ECB) independently oversees the enforcement industry in England and Wales. Its role is to help ensure that people who are subject to enforcement action are treated fairly. The ECB can investigate complaints about poor enforcement practices and, where appropriate, recommend a remedy if someone has been treated unfairly or suffered an injustice. Further information can be found here: https://enforcementconductboard.org/.

National Debtline is a charity that provides free, confidential and independent advice on your rights and how to deal with debt problems, including information about enforcement agents and council tax collection. You can contact the National Debtline free on 0808 808 4000, from Monday – Friday 9am – 8pm and Saturday 9.30am – 1pm, and find further information from their website: www.nationaldebtline.org

If you are not sure whether we would be able to look into your complaint, please contact us on 0300 790 0203.

Also available in Welsh.