20.Costs charged to the debtor should be strictly in accordance with the provisions of the Council Tax (Administration and Enforcement) (Amendment) (No. 2) Regulations 1993 (as amended) or the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989(as amended) as appropriate.
Where the bailiff is unsuccessful in his attempts to obtain payment and the liability order is to be returned to the Council, it should be returned endorsed to the effect that the person making distress was unable (for whatever reason) to find any or sufficient goods of the debtor on which to levy. It should also be returned with a report summarising the action taken by the bailiff together with any details ascertained concerning the financial /personal circumstances of the debtor.
22.A minimum of 3 unsuccessful visits to the debtor’s address are required before the case is returned to the Council as unpaid. At least one of these visits should be made to the debtor’s address outside normal office hours (i.e. Monday to Friday 8/9am to 5pm). Documentation issued to debtors must be agreed with the Council and be in plain English. Documentation must be left at the property after each visit is made and give details of the date and time of the visit the debt and charges incurred; it must give the name of the bailiffs and a contact telephone number. It must be left in a sealed envelope addressed to the debtor.
23.If it is ascertained that the debtor is no longer resident, the bailiff should make appropriate discreet local enquiries to ascertain the debtor’s date of leaving and new address if available. This information or lack of it should then be referred back to the Council. If the debtor has moved locally within the Borough, the bailiff may levy at the new address and then refer the information back to the Council. It is important that bailiffs be aware that they should not attend at a Director’s personal address when the liability order is not in his specific name.
24. In the normal course of events, cases should be completed within six months of receipt. Monthly reports must be submitted to the Council for those cases that are still outstanding after six months. Where a case has been outstanding for eight months or more the report must contain full details of all action taken.
25.Payments and payment schedules must be submitted weekly to the Council on the agreed days. The company must account for all monies received and provide a proper system for dealing with unpaid cheques.
26.Monthly statistical reports in the agreed format must be submitted to the Recovery Manager.
27.The company must reply to correspondence from the debtor within 7 working days and on request provide copies of this correspondence and its reply along with a history of the action taken & a full breakdown of costs incurred.