Can bailiffs refuse a payment plan?
Bailiffs do not have to accept a payment plan, but most will agree one that is realistic. If they insist on full payment, you still have options, the most important being your council.
In short
- There is no law that makes bailiffs accept a payment plan. But most firms would rather agree one than get nothing.
- An offer backed by your income and outgoings, in writing, is far more likely to be accepted.
- If the bailiffs refuse, ask your council directly. It can take the account back and agree an arrangement itself.
- Never agree to payments you cannot keep up. A broken agreement can lead to more fees and, in some cases, forced entry.
- If you are vulnerable, tell both the firm and the council. It changes what they can do and charge.
It is one of the most frustrating things people are told: “We need the full amount today.” So can bailiffs, officially enforcement agents, refuse a payment plan for council tax?
Yes, they can refuse. There is no rule that forces them to accept one. But in practice most firms agree payment plans every day, and there are several ways to get an affordable one in place even when the first answer is no.
Why bailiffs usually accept a plan
Bailiff firms are paid through the fees they collect, and they have to return the case to your council if they cannot collect. A regular payment is almost always better for them than a visit that finds nothing worth taking. So an offer that is realistic and reliable usually gets a yes.
What gets a no:
- An offer that would take many years to clear the debt
- An offer with no explanation of why that is all you can pay
- Missed payments on an earlier arrangement
How to make an offer they will accept
- Work out what you can genuinely afford. List your income, then your essential costs: rent, energy, food, travel and this year’s council tax.
- Put the offer in writing, by email if you can, with your figures attached. Keep a copy.
- Offer a start date, and pay by standing order so payments are never late.
- Send a copy to your council. Only the council can take the account back.
Payments you make to a bailiff firm go first to its £79 compliance fee. After that, they are shared between the council tax and any other fees. See bailiff fees explained.
Calculator
How long would your arrangement take?
Including any court costs already added.
On top of this year’s bill. Leave some room for a bad month.
From your bill. Put 0 if this year is already paid or included above.
Your arrears would be cleared in
12 months
- Last paymentSeptember
- You would pay each month, in total£250
- To clear them by 31 March instead£200 a month
Want us to put the offer to your council for you?
Get free helpIf they want full payment
If a bailiff insists on the full amount, or on payments you cannot afford:
- Do not agree to it just to make them leave. A plan you cannot keep will fail, and a broken controlled goods agreement lets them come back in with reasonable force after giving notice. See can bailiffs force entry.
- Ask for their refusal, and the reason, in writing.
- Go to your council. The bailiffs act for the council, and the council decides what happens to the account. It can ask the firm to accept your offer, or take the account back and agree a special payment arrangement directly.
- Ask for a Breathing Space through a debt adviser if you need time. It pauses enforcement for up to 60 days. See debt solutions.
Controlled goods agreements
If a bailiff visits, they will often ask you to sign a controlled goods agreement. It lists items they have taken control of, which stay in your home, and sets out a payment plan.
Signing one means the enforcement fee of £247 has usually already been added, and your listed goods can be removed if you do not pay. Only sign one if the payments are realistic.
If you are vulnerable
If you, or someone you live with, is vulnerable, for example because of a health condition, disability, pregnancy, bereavement, or caring for young children, tell the bailiff firm and your council in writing.
Bailiffs must take this into account, and the £247 enforcement fee cannot be charged unless you were given a proper chance to get advice first. Councils often take accounts back where there is vulnerability.
If you cannot pay anything
If there is genuinely nothing left after your essential costs, say so. A plan of a few pounds a week that you can keep may still be accepted. If not, see what happens if bailiffs have nothing to take, and consider whether a Debt Relief Order would help. It can write off council tax arrears and stops the bailiffs.
Where are you with the bailiffs?
Choose the one that fits best and an adviser will call you back. Free, confidential, and no obligation.
- I have had a reminder or a final notice A letter from the council, but no court involvement yet
- I have had a court summons A hearing date at the magistrates court
- A liability order has been made The court has granted the council recovery powers
- Enforcement agents have contacted me A letter or a visit from a bailiff firm
- Money is being taken from my wages or benefits An attachment of earnings or a benefit deduction
- I am not sure, or something else
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