Magicians Choice (getting out of bailiffs fees)

Regulation 45(3)(4) & (5) of the Council Tax (Administration and Enforcement) Regulations 1992 states:

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

(4) Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the debtor.

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

Paragraph 58 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

58(1) This paragraph applies where the debtor pays the amount outstanding in full:

• (a) after the enforcement agent has taken control of goods, and
• (b) before they are sold or abandoned.

(2) If the enforcement agent has removed the goods he must as soon as reasonably practicable make them available for collection by the debtor.

(3) No further step may be taken under the enforcement power concerned.

(4) For the purposes of this paragraph the amount outstanding is reduced by the value of any controlled goods consisting of money required to be used to pay that amount, and sub-paragraph (2) does not apply to that money.

Paragraph 31 of the Taking Control of Goods: National Standards 2014 states:

Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.

When you have paid the creditor direct, you must notify the bailiff in writing under paragraph 59(2) of Schedule 12.

Magicians Choice is named as such because it works regardless of whether the council accepts or declines payment. Either outcome stops enforcement and can relieve you of bailiffs fees.

You need:

• A witness
• Mobile phone with a camera
• Letter based on the sample template
• Cash to pay the outstanding council tax
• Two identical documents and a visit to the council tax office

If the council accepts the payment, ask for a receipt. If they decline, follow the procedures in Part A or Part B, ensuring photographic proof of service and document completion.

The Postal Way - applies to any kind of debt (except court fines)

• Write a cheque for the "amount outstanding" (excluding fees but including any bailiff costs related to goods control)
• Make a copy of the cheque
• Send to the council by recorded delivery and retain the receipt
• Send a paragraph 59 notice to the bailiff company and by text to the agent

You have now tendered the payment. Even if refused, under paragraph 6(3)(a) of Schedule 12 the goods cease to be bound.

6(3) The property in all goods ceases to be bound when any of these happen:

• (a) the amount outstanding is paid,
• (b) the instrument ceases to have effect,
• (c) the power ceases to be exercisable for any reason.

If enforcement continues after you have paid, you may bring a claim under paragraph 66 of Schedule 12:

66(1) This paragraph applies where an enforcement agent:

• (a) breaches a provision of this Schedule, or
• (b) acts under a defective instrument.

(5) The court may:

• (a) order goods to be returned,
• (b) order the agent or creditor to pay damages for loss caused by the breach.

See how to take bailiffs to court for more guidance.