Bailiffs and Your Rights
The rules about Bailiffs are very complicated, the content on this website is meant only as an overview. If you require more information about Bailiffs please contact one of our advisers on 08000 915 004 who will advise you on your situation
What are bailiffs?
Bailiffs are people authorised to remove and sell your possessions to raise money to pay a creditor
Bailiffs can only take items that are non-essential i.e. televisions, cars, stereos, DVD players, they cannot seize goods that belong to someone else other than the debtor. There are several types of bailiff that can be instructed depending on the type of debt and who the debt is owed to.
In most cases a bailiff would either be a Certified Court Officer or be employed by a private firm that have been asked to collect the debt.
Bailiffs able to enter your home without permission from the owner are required to have a magistrates’ warrant or a County Court possession order to evict you, which your landlord can get if you don’t pay your rent or mortgage. If bailiffs do call at your door and they don’t have a warrant DO NOT let them into your house.
Are debt collectors and bailiffs the same?
In very short terms, no:
Debt collectors are contacted by creditors when arrears occur on an account, in order to pursue the amount owed. They must not harass you but they can send letters, telephone and in extreme cases take legal action against you to collect the debt outstanding.
Debt collectors are not court officials and do not have the same power as bailiffs, they can not enter your home or seize your possessions. They must follow OFT (Office of Fair Trading) debt collection guidance.
When they are pursuing the amount they are not allowed to reveal to anyone that you owe money, so for example, your work can’t find out from them that they are pursuing you for money.
How to deal with bailiffs
Endless phone calls and letters saying that bailiffs are going to come round to your house and take your belongings isn’t something you want to face every morning when you wake up.
To put your mind at rest, here are some facts about bailiffs that you need to know:
If a bailiff comes to your house you do not have to let them in, so keep your door locked.
Bailiffs cannot force their way in on their first visit; however they can enter through an open window
or unlocked door,
so do keep things secure. Forced entry includes pushing past you when you have opened the door to them or leaving their foot in the
door so you can not close it. Action such as this would make the whole process illegal.
Once a bailiff has gained peaceful entry into your property, they can then force entry on a second visit to remove your goods.
Bailiffs can only break into your home when they are trying to recover money you owe to HM Revenue & Customs and they have a magistrates’ warrant. This includes unpaid magistrates’ court fines, for example for VAT, tax and criminal fines.
When bailiffs are collecting for rent or mortgage arrears, your landlord or mortgage lender may apply for a Court Possession
Order to evict you. If successful, bailiffs may hold a warrant to break into your home.
Do not be afraid to negotiate with bailiffs to pay some or all of the debt there and then so they don’t take anything.
If they do accept payment make sure you get a receipt and only make an agreement if you can afford to stick to it.
Bailiffs can only take non-essential items such as televisions, cars and stereos. They are not permitted to take essential items such as clothes, cookers, fridges or tools of your trade.
If you would like more information on how to deal with bailiffs, then please call us on 08000 915004