Local authority bailiff referral—checklist


Produced in partnership with Pritti Amin of Moon Beever
Checklists

Local authority bailiff referral—checklist


Produced in partnership with Pritti Amin of Moon Beever

Checklists
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Coronavirus (COVID-19): Note that pursuant to the Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020, SI 2020/451, in force from 25 April 2020, restrictions have been imposed on a landlord's right to exercise Commercial Rent Arrears Recovery (CRAR) and to prevent enforcement agents taking control of goods. For further information, see Practice Note: Coronavirus (COVID-19)—implications for property [Archived] — Restrictions on taking control of goods (including the exercise of CRAR).

What steps should be taken before instructing an enforcement agent?

  1. •

    Ensure that a demand is made for the sums outstanding

  2. •

    If no payment is made on or before the due date then send a reminder letter

  3. •

    If again no payment is made send a second reminder letter

  4. •

    A final reminder should then follow

  5. •

    Application to magistrates' court for authorisation to issue a summons

  6. •

    Liability order hearing

  7. •

    Costs can be added by the local authority for issuing a summons and for obtaining a liability order (see R v Tottenham Magistrates)

  8. •

    The debtor does not need

Pritti Amin
Pritti Amin

Moon Beever

Pritti has extensive knowledge of mortgage repossession and debt recovery and general litigation, having acted for a large number of banks and financial institutions over the years. She has dealt with LPA receiver work, fraud, defended mortgage repossession cases, vehicle recovery for major car dealers, invoice debt, consumer debt and related enforcement. Pritti has managed successful teams dealing solely with debt recovery, including both commercial and consumer debt, for over 15 years.

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Jurisdiction(s):
United Kingdom

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