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Contents

Official guidance
Debt Management and Banking Manual

DMBM655710 · Enforcement action: distraint: carrying out a distraint

  • DMBM655720 · Time for distraint
  • DMBM655730 · Place for distraint
  • DMBM655740 · Right of entry
  • DMBM655750 · Identifying the defaulter and introducing yourself
  • DMBM655760 · If the defaulter is not present when you call to distrain - responsible person
  • DMBM655770 · Goods already seized by another creditor
  • DMBM655780 · Debtor claims to be insolvent at the time of the levy
  • DMBM655790 · Receiver appointed under the Law of Property Act 1925 (LPA)
  • DMBM655800 · Demanding payment before levy
  • DMBM655810 · Defaulter claims payment made or offers payment before levy
  • DMBM655820 · Defaulter requests ‘time to pay’ (TTP) before you have levied
  • DMBM655830 · Levying distraint
  • DMBM655840 · Seizing goods
  • DMBM655850 · Completing the distraint inventory
  • DMBM655860 · Payment offered after you have started to distrain
  • DMBM655870 · Handing the distraint notice to the debtor
  • DMBM655880 · Payment offered after you have completed the inventory
  • DMBM655890 · Walking possession
  • DMBM655900 · Immediate removal of goods
  • DMBM655910 · Close possession
  • DMBM655920 · Reports of distraint calls
  • DMBM655930 · Indirect tax ‘outcome report’
  • DMBM655940 · Consideration of making debtor insolvent
  • DMBM655950 · Payment made without costs before referral to the auctioneer
  1. Enforcement action: distraint: carrying out a distraint: contents
  2. Enforcement action: distraint: carrying out a distraint: identifying the defaulter and introducing yourself

DMBM655750 | Enforcement action: distraint: carrying out a distraint: identifying the defaulter and introducing yourself

From HM Revenue & Customs · Debt Management and Banking Manual

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General

Common sense will dictate the precise sequence of identifying the defaulter and introducing yourself, but you should always make sure before you begin that you are speaking either to the debtor themselves or to someone who knows about the debt.You must also make sure that any discussion takes place in private and cannot be overheard by third parties.

Individuals and partnerships

In individual and partnership cases it is desirable that you see the debtor personally, or failing this, a responsible person (DMBM655760).

Be careful to ensure you identify the correct person if you know there are two people at the same address with the same initials and surname; for example, a father and son.

Companies

If you are calling at the premises of a limited company, you should ask to see a person who holds a responsible position in the company such as a:

  • managing director

  • financial director

  • company secretary

  • company accountant.

All cases

Once you are satisfied that you are at the correct address and speaking to the debtor or a responsible person, you should introduce yourself as an officer of HM Revenue and Customs and introduce the bailiff, if you are using one.

You may need to show your identity card but you are not obliged to hand it to the debtor. If the debtor still doubts your identity, they can call the debt collector verification helpline on 0300 200 3862.

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