Enforcement is how a Council Tax debt is collected once a court has granted a Liability Order and we have passed the debt to an enforcement agent. From that point you pay the enforcement agent rather than Cheshire East.
Enforcement runs in three stages: compliance, enforcement and sale. A fee is added at each stage. An enforcement agent can visit your home, draw up a list of goods that could be removed, and at the sale stage remove them to be sold.
An enforcement process follows a Liability Order granted at a Council Tax court hearing.
1. Liability Order is issued
A Liability Order is a court order. We apply for a Liability Order after a Summons has been issued, and the court decides whether to grant it. A Liability Order confirms the debt and allows us to recover it.
If you do not make a suitable arrangement with us to pay your debt, we may pass your Liability Order to an enforcement company to collect. While your debt is still with us, use our special payment arrangement request form to propose an arrangement. Once your debt is with an enforcement agent, contact them direct to arrange payment.
A Liability Order also allows us to ask your employer to deduct money from your wages, or to ask the Department for Work and Pensions to deduct money from certain benefits, instead of passing the debt to an enforcement company. It also allows us to apply for a charge against your property, or to begin bankruptcy proceedings.
2. Liability Order given to Enforcement Company
When a Liability Order is given to an enforcement agent or enforcement company to recover the debt, a fee of £79 is added to the amount owed.
3. Compliance stage
The first step in the three-stage enforcement process is the compliance stage where you are sent a ‘Notice of Enforcement’. This gives details of:
- the outstanding debt
- how and when to pay by
- what happens if you don’t pay
- the extra fees you could then also expect to pay
- contact details for the enforcement agent or company
- contact details for free debt advice
You will have at least fourteen days (not including Sundays or Bank Holidays) before any further action is taken by the enforcement agent or company, unless a court has decided otherwise.
At this point you should contact the enforcement agent or company immediately to arrange for payment to be made to them. Once a debt is with an enforcement agent, you are required to pay them, rather than Cheshire East.
If you are unable to pay you should still call the enforcement agent or company and explain why.
4. Enforcement stage
If the enforcement agent or company doesn’t hear from you by the date stated, they will move the matter to the enforcement stage. This means you’ll have at least one visit from an enforcement agent to arrange payment, and an additional £247 (plus 7.5% of the original debt over £1900) will be added to the amount owed.
They are not obliged to inform you of the precise date and time of a visit. It could be anytime from 6am to 9pm on any day including Sundays, and religious or public holidays.
Sometimes the enforcement agent will enter into a controlled goods agreement with you. This means a list is drawn up of what could be removed at a later date if you do not come to an alternative arrangement.
Making a controlled goods agreement gives you a final chance to pay your debt rather than having your goods removed.
5. Sale stage
If full payment is not made you risk having your possessions removed for sale by the enforcement agent. This is the sale stage. A fee of £116 (plus 7.5% of the original debt over £1900) is added to the amount owed to cover costs for moving the possessions so they can be sold.
Additional (actual) costs for other expenses, such as hiring a locksmith, storing goods or auction costs, may be applied. Further expenses are limited and must be approved by the court.
Enforcement agents
Cheshire East Council currently employs the service of two Enforcement Agents for the collection of Council Tax:
If you have received correspondence or a visit from Bristow & Sutor, contact Bristow & Sutor directly to arrange payment.
If you have received correspondence or a visit from Jacobs, contact Jacobs directly to arrange payment. The Jacobs website requires Windows 10 or Google Chrome.
We also employ Dukes as Collection Agents
If you have received correspondence or a visit from Dukes, contact Dukes directly to arrange payment.
Contact Council Tax
If you're unable to use our forms or have any questions about your bill you can call the Council Tax Customer Service Team on 0300 123 5013 between 8:30am to 3pm, Monday to Friday, excluding bank holidays.