presence of the debtor/partner only after its meaning has been explained and understood by the debtor.
5.Only a bailiff properly vetted and trained by the authorised firm and under the control of a bailiff who is certificated by the County Court may levy distress/remove goods in respect of Liability Orders on behalf of the Council. At least 2 partners/directors of the firm must be members of C.B.A. or A.C.E.A.
6.Bailiffs/bailiff and employees, contractors and agents of the bailiff firm must be aware that they represent the Council in their dealings with debtors. They should at all times act lawfully and in accordance with the provisions of the Local Government Finance Act 1992. They should also act in a responsible, professional and courteous manner and be aware that their behaviour, appearance and attitude have a great influence on the success of the debt recovery process.
7.The bailiff must adopt a firm but correct attitude when dealing with the public, they must be polite and courteous and avoid being provoked by vexatious debtors. In the event of a breach of the peace occurring as a result of a bailiff visit, the Council must be debriefed of the circumstances as soon as practicable.
8. The bailiff must comply with Data Protection legislation where applicable and
should be aware of the relevant Articles in Human Rights legislation.
Upon receipt of any instruction to levy distress, the bailiff/firm should ensure that a visit is made to levy distress within 14 days from receipt of the instruction.
10.Where more than one Liability Order is held for a debtor, the bailiff will attend the property for all liability orders at the same time, with only one set of costs being made. ‘first’ and ‘second call’ visits must be made on different days.
11.If on attendance, contact is made with the debtor, the bailiff should attempt to recover the amount as quickly as possible, taking into account the circumstances of the debtor. Wherever possible, if payment is not made in full at the time of the first visit, the debtor should be given the opportunity to enter into a walking possession agreement or instalment arrangement (instalment arrangement at no cost to the debtor <other than the direct cost of making a payment> or the Council). Enquiries should be made as the eligibility of discount/rebate. Information regarding employers/benefit details should be requested.
12.Arrangements for payment of the total amount due can be agreed at the bailiff’s discretion over a period of up to 10 weeks for NNDR. Council Tax arrangements should be over a period of up to 20 weeks but up to 52 weeks can be considered if the debtor’s circumstances warrant this. If the arrangement for payment offered is beyond these timescales and the bailiff considers it inappropriate to remove goods or there are exceptional circumstances the bailiff should refer back to the Council before agreeing to an arrangement exceeding these timescales.
13.The bailiff must take no action if it appears that no responsible adult is present at the debtor’s address. If an adult is present the bailiff must attempt to