Operational Guidelines. The following guidelines must be adhered to when enforcing the payment of debts. 4.1 The bailiff will take no action if it appears that no responsible adult (person of at least 18 years old) is present at the debtors address. If a responsible adult is present, the bailiff should establish whether that person is the debtor, and if so state clearly the purpose of the visit, and where appropriate explain the powers of the bailiff. If the debtor is unavailable, the bailiff should ask when the debtor is available. 4.2 The bailiff will at all times carry full and proper photographic identification and produce such without being asked whenever attending the debtor’s property, and will show such identification to any person who has reason to require it. 4.3 The nature of the work demands that the bailiff should adopt a firm but correct attitude with debtors and other people they contact in the course of their duties. Bailiffs are to be polite but firm were necessary in their dealings with the public and must avoid being provoked if resentment is shown by an individual. 4.4 The bailiff should promptly report any threats or matters of concern to the Senior Officer (SRO) of DCC ( Ms L Towlson, Mr. I S ▇▇▇▇ or The Head of Service {HOS}). 4.5 ▇▇▇▇▇▇ will provide a contact able service for debtors whilst bailiff operations are in progress whenever practicable. 4.6 The bailiff’s initial contact with a debtor will be with the intention of obtaining immediate payment. Where this is not achieved the bailiff should seek to assess the reason for non-payment and judge whether distraint is likely to be necessary. The bailiff must not distrain if payment of the appropriate is paid, but the bailiff is entitled to charge the statutory attendance allowance to the debtor. When the bailiff has distrained, the debtor should sign a walking possession agreement. If the debtor refuses to sign, or refuses to make payment, or defaults on the payment, the goods should (subject to contrary instructions from DCC) be removed at the earliest opportunity. If the goods cannot be removed within 24 hours of distraint the bailiff or ▇▇▇▇▇▇ must contact the debtor each day to ensure that distraint is not abandoned. 4.7 The debtor must immediately be given a receipt for all cash payments. An official receipt should be sent where payment is made by another means and a stamped addressed envelope is supplied. 4.8 Denbighshire takes the view that the following categories of persons may be considered vulnerable. In cases where a bailiff attends the property, consideration will be given before deciding on any course of action. These include; 4.9 Where there is doubt about clause 4.8 the SRO or RM should be consulted before any further enforcement action is considered. 4.10 Payment arrangements, from the debtor, should not exceed 20 weeks. ▇▇▇▇▇▇ will provide a report of all cases were an arrangement has been agreed over 20 weeks and any arrangement which will exceed 12 months can only be entered into with the agreement of the enforcement team, SRO, RM or HOS. 4.11 The bailiff should try to establish whether a defaulting debtor is in employment, and if so, the name of the employer; and if unemployed, whether claims have been made for state benefits and Council Tax or Housing benefit. If it appears that the debtor may be eligible for state benefits, but has not applied for them, the bailiff should encourage the debtor to make an application. 4.12 The bailiff may distrain on the debtor’s goods wherever they are found subject to DCC’s instructions. 4.13 DCC regards the following items as ‘protected’ and should not be removed from the debtors home in addition to those items referred to in statute: 4.14 DCC will provide ▇▇▇▇▇▇ with a copy of the liability order or other authority. In all cases where distraint takes place, whether by actual or walking possession, the bailiff shall produce that authority to any person having good reason to require sight of it. In all cases the appropriate documentation as required by regulations is to be left at the premises or given to the debtor.
Appears in 1 contract
Sources: Contract of Service
Operational Guidelines. The following guidelines must be adhered to when enforcing the payment of debts.
4.1 The bailiff bailiff/collection agent will take no action if it appears that no responsible adult (a person of at least 18 years old) is present at the debtors debtor’s address. If a responsible there is an adult is present, at the bailiff address the bailiff/collection agent should establish whether that person is the debtor, whom they are and if so state clearly the purpose of the their visit, and where appropriate explain the powers of the bailiff. If the debtor is unavailable, the bailiff should ask when the debtor is available.
4.2 The bailiff will at all times carry full and proper photographic identification and produce such without being asked whenever attending the debtor’s property, and will show such identification to any person who has reason to require it.
4.3 . The nature of the work demands that the bailiff should adopt a firm but correct attitude with debtors and other people they contact in the course of their duties. Bailiffs are to be polite but firm were necessary in their dealings with the public and must avoid being provoked if resentment is shown by an individual.
4.4 The bailiff should promptly report any . Any threats received or matters of that cause concern should be reported to the Senior Officer a senior officer immediately, (SRO) of DCC ( Ms L Towlson, Mr. I S ▇▇▇▇ or The Head of Service {HOS}).
4.5 ▇▇▇▇▇▇, ▇▇▇ ▇▇▇▇ and ▇▇▇ ▇▇▇▇▇). The matter will provide be recorded in the incidence’s report log and follow the appropriate procedure. Should a debtor wish to contact able service the bailiff/collection agent, a message will be passed to the bailiff/collection agent for debtors whilst bailiff operations are in progress whenever practicable.
4.6 them to return the call either a.m. or p.m. that day. The bailiff’s initial contact with a debtor will be with the intention of obtaining immediate payment. Where this is not achieved the bailiff should seek to assess the reason for non-non- payment and judge whether distraint is likely to be necessary. The bailiff must not distrain if payment of the appropriate amount is paid, but the bailiff is entitled to charge the statutory attendance allowance to the debtor. When the bailiff has distrained, the debtor should sign a walking possession agreement. If the debtor refuses to sign, or refuses to make payment, or defaults on the payment, the goods should (subject to contrary instructions clearance authorisation from DCCthe office) be removed at the earliest opportunity. If the goods cannot be removed within 24 hours of distraint the bailiff or ▇▇▇▇▇▇ the office must contact the debtor each day to ensure that distraint is not abandoned.
4.7 The . A debtor must immediately be given a receipt for all cash paymentsany payment made, immediately. An official receipt Any vulnerable cases identified should be sent where payment is made by another means and a stamped addressed envelope is supplied.
4.8 Denbighshire takes the view that the following categories of persons may be considered vulnerable. In cases where a bailiff attends the property, consideration will be given before deciding on any course of actionreturned immediately. These include;
4.9 ; People recently bereaved. People suffering from long term/acute illnesses, fragility and old age, disability. Recent marital break-up. Where there is a debtor appears in final stage of pregnancy. Where the welfare of young children would be put at risk. Persons on Income Support, unless otherwise specified by DCC and CCBC . Persons who appear mentally ill. Persons with communication difficulties, i.e. deaf, blind, language difficulties. Persons consulting their Councilor or M.P. or has an open case with the Voluntary agency. If in any doubt about clause 4.8 regarding the SRO above, please refer to MD or RM ISP. Payment arrangements should be consulted before any further enforcement action is considered.
4.10 Payment arrangements, from made over a reasonable period of time; the objective should be to achievement settlement as quickly as possible but have regards to the debtor, should not exceed 20 weeks’s means and circumstances. ▇▇▇▇▇▇ will provide a report of all cases were an arrangement has been agreed over 20 weeks and any arrangement which will exceed 12 months can only be entered into with the agreement of the enforcement team, SRO, RM or HOS.
4.11 The bailiff should try to establish whether a defaulting debtor is in employment, and if so, obtain the name of the employer; and if . If unemployed, whether claims have been made for state benefits and Council Tax or Housing benefit. If it appears that the debtor may be eligible for state benefits, but has not applied for them, making a benefit claim then the bailiff should encourage the debtor to make an application.
4.12 . The bailiff may distrain on upon the debtor’s goods wherever they are found subject found. Goods that shouldn’t be distrained upon are as follows; Beds, bedding and household linen. Curtains, carpets. Lights, light fittings and heating appliances. Food and drink. Articles for cleaning the home and food preparation. Refrigerators, freezers. Children’s toys. Pets. Medical aids and equipment for use by the debtor or a member of their family. Clothing, equipment, tools required for employment or earning a living. Vehicles, if essential for the purpose of employment, or earning a living e.g. a plumber’s van. Personal computers which may contain personal data (the debtor must be given reasonable opportunity to DCC’s instructions.
4.13 DCC regards remove personal data BEFORE any seizure). Care should be taken when levying distraint with regard o the following items as ‘protected’ type of debt (NDR/Council tax) and should not the goods being distrained. A distress warrant will be removed from the debtors home provided in addition to those items referred to in statute:
4.14 DCC will provide ▇▇▇▇▇▇ with a copy of the liability order or other authority. In all cases where distraint takes place, whether by actual or walking possession, and the bailiff shall will produce that this authority to any person having good reason to require sight of it. In all cases The correct documentation must either be given to the appropriate documentation as required by regulations is to be debtor or left at the premises or given premises. If it becomes absolutely necessary to remove goods, the aim to is remove high value/low volume goods that have a reasonable chance of selling at a good price at auction. This is clearly a subjective judgment and common sense must apply. When removing goods due care and diligence must be exercised at all times to avoid goods being damaged. Any marks, dents etc must be advised to the debtor before removal and noted. A receipt listing all the goods must be left with the debtor or in a prominent place at the address. The debtor must be informed that they have 7 days to release their seized goods by payment in full including all costs. A note and contact telephone number must be left with the debtor. If goods are sold at auction a statement must be provided detailing the following; Amount realised at auction. Auctioneer’s costs Bailiff fees and costs Amount allocated to Council Tax Balance outstanding if any A minimum of three visits is required the debtor’s address is required before the case is referred back to the office. These visits must take place on separate days and at different times of the day.. The bailiff, or any Denbighshire County Council employee, must not bid at auction for any items distrained upon. The bailiff should only visit debtors at reasonable hours between 7am and 8pm, but not on a Sunday. Constructive levy is forbidden. Unlawful entry onto a property for the purpose of levying distress is not allowed.
Appears in 1 contract
Sources: Contract of Service
Operational Guidelines. The following guidelines must be adhered to when enforcing the payment of debts.
4.1 The bailiff will take no action if it appears that no responsible adult (person of at least 18 years old) is present at the debtors address. If a responsible adult is present, the bailiff should establish whether that person is the debtor, and if so state clearly the purpose of the visit, and where appropriate explain the powers of the bailiff. If the debtor is unavailable, the bailiff should ask when the debtor is available.
4.2 The bailiff will at all times carry full and proper photographic identification and produce such without being asked whenever attending the debtor’s property, and will show such identification to any person who has reason to require it.
4.3 The nature of the work demands that the bailiff should adopt a firm but correct attitude with debtors and other people they contact in the course of their duties. Bailiffs are to be polite but firm were necessary in their dealings with the public and must avoid being provoked if resentment is shown by an individual.
4.4 The bailiff should promptly report any threats or matters of concern to the Senior Officer (SRO) a senior officer of DCC ( Ms L TowlsonMrs W ▇▇▇▇▇▇, Mr. I S ▇▇▇▇ or The Head of Service {HOS}▇▇ ▇ ▇ ▇▇▇▇▇).
4.5 ▇▇▇▇▇▇ will provide a contact able service for debtors whilst bailiff operations are in progress whenever practicable.
4.6 The bailiff’s initial contact with a debtor will be with the intention of obtaining immediate payment. Where this is not achieved the bailiff should seek to assess the reason for non-payment and judge whether distraint is likely to be necessary. The bailiff must not distrain if payment of the appropriate is paid, but the bailiff is entitled to charge the statutory attendance allowance to the debtor. When the bailiff has distrained, the debtor should sign a walking possession agreement. If the debtor refuses to sign, or refuses to make payment, or defaults on the payment, the goods should (subject to contrary instructions from DCC) be removed at the earliest opportunity. If the goods cannot be removed within 24 hours of distraint the bailiff or ▇▇▇▇▇▇ must contact the debtor each day to ensure that distraint is not abandoned.
4.7 The debtor must immediately be given a receipt for all cash payments. An official receipt should be sent where payment is made by another means and a stamped addressed envelope is supplied.
4.8 Denbighshire takes The bailiff will take no further action and will refer back to the view that the following categories of persons may be considered vulnerable. In cases where a bailiff attends the property, consideration will be given before deciding on any course of action. These include;
4.9 Where there is doubt about clause 4.8 the SRO SEO or RM should be consulted before any further enforcement action is considered.
4.10 Payment arrangements, from the debtor, should not exceed 20 weeks. ▇▇▇▇▇▇ will provide any “vulnerable cases”. These include:
a. people recently bereaved
b. cases where the debtor (or the debtors partner) is suffering from serious long term or acute illness, or is fragile because of advanced age or disability
c. recent marital break-up
d. where the debtor appears to be in the final weeks of pregnancy
e. where the welfare of young children would be put at risk
f. persons on Income Support, or where a report of all cases were an arrangement benefit application has been agreed over 20 weeks made and any arrangement which will exceed 12 months can only be entered into with the agreement of the enforcement team, SRO, RM or HOS.
4.11 The bailiff should try to establish whether a defaulting debtor is in employment, and if so, the name of the employer; and if unemployed, whether claims have been made for state benefits and Council Tax or Housing benefit. If it appears that the debtor may be eligible for state benefits, but has not applied for them, the bailiff should encourage the debtor to make an application.
4.12 The bailiff may distrain on the debtor’s goods wherever they are found subject to DCC’s instructions.
4.13 DCC regards the following items as ‘protected’ and should not be removed from the debtors home in addition to those items referred to in statute:
4.14 DCC will provide ▇▇▇▇▇▇ with a copy of the liability order or other authority. In all cases where distraint takes place, whether by actual or walking possession, the bailiff shall produce that authority to any person having good reason to require sight of it. In all cases the appropriate documentation as required by regulations is yet determined g. persons who appear to be left at the premises or given to the debtor.mentally ill
Appears in 1 contract
Sources: Contract of Service