If you received a County Court Bailiff Letter, it might feel stressful at first. But there are ways you can handle it effectively and avoid the issue from escalating.
Let us explain…
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What is a County Court Bailiff Letter?
A county court bailiff letter warns that bailiffs may come to collect a debt you haven’t paid. If you don’t pay the debt, the creditor might go to court against you. The court judge will then decide the amount you should pay and the deadline for it.
If the debtor doesn’t pay this, bailiffs have the right to seize assets.
Why Did I Get a County Court Bailiff Letter?
If you’re puzzling over why you received a County Court bailiff letter, the reason is straightforward: you’ve not adhered to a court’s debt repayment order. This situation escalates the matter from a mere overdue payment to a legal issue requiring immediate attention.
The court, having not received your payment, authorises bailiffs to take action.
What Happens If I Ignore a County Court Bailiff Letter?
Ignoring a County Court bailiff letter is a risky move as it will worsen your situation. Once you ignore it, the court will issue a judgment without taking your financial and personal situation into consideration. This happens because you’re not present to provide information on your situation to the judge.
Thus, this judgment could severely affect your financial and personal life.
Are Bailiffs Debt Collectors?
Bailiffs collect debts, but they have more powers than debt collectors. They have legal authority to enforce County Court orders. This means if you don’t pay up, they can take action. Other rights they have that debt collectors don’t have include the seizure of goods. Bailiffs can get a court order to take your non-essential items, like luxury goods, to cover debts.
Conventional debt collectors and companies like Lowell and Cabot don’t have the same powers. They can ask for payment but can’t force entry into your home or seize goods without legal backing.
Regular debt collectors must go to court to enforce payment. The court then might involve bailiffs or High Court Enforcement Officers.
What Should I Do If I Received a Bailiff Letter?
You should first confirm if the letter includes the correct information. If it doesn’t, you have the right to file a complaint to stop the enforcement agents from coming until a new letter is sent. In order for a bailiff letter to be valid, it must:
- Include your correct address and name
- Include the debt you owe along with the correct amount
- State that you have 7 days until the bailiffs come to your home
- Come only from a bailiff that is registered and not a debt collector
- Be sent to you as a letter through fax, post, email, fixed to your front door if you don’t have a letter box, or personally given to you.
- Be written in a certain legal style
Note that you don’t owe the money if:
- The debt belongs to another person- for example, your name is similar to the person who owes the money.
- You have already paid off the money.
Bailiffs don’t have the right to take any action against debtors if they can prove that no debt is owed. In order to do this, debtors should collect evidence to show they’re not responsible for the debt.
Make sure to send the evidence to the bailiffs with a letter stating that you don’t owe the debt. You can find the address you should send it to on the notice of enforcement.
Note that the letter is not valid. It comes from a debt collector. Debt collection companies don’t have the right to do this. If you receive a letter from them, and agents come to your house, ask them to leave.
But note that if you actually owe the debt, it’s wise to pay it off as it will prevent the situation from escalating. Ignoring them will only worsen the situation.
If you suspect that the bailiff letter you got was sent to you from a debt collection company, reach out to a debt charity for advice.
I Received A Bailiff Letter, And It’s Valid. What Should I Do?
If you received a bailiff letter and it’s valid, it’s crucial to act wisely. Bailiffs may visit to enforce debt collection, but you have options:
- Pay Your Debt: The simplest way is to pay it off. If you can clear the debt, do so. This stops bailiffs in their tracks, ending their visits and your stress.
- Negotiate Payment in Instalments: If you can’t pay all at once, propose a payment plan. Discuss with your creditor or through the bailiffs. Decide on an amount and time frame. But make sure to only agree to a payment plan that you’re sure you can afford. If you agree and then fail to make payments on time, the bailiffs can take action against you.
- Deductions from Earnings: if the debtor is employed, bailiffs can consider recovering the debt through salary deductions. To do this, the debtor should fill a means enquiry form. The judge will use this information to decide the amount that should be deducted. But note that only a maximum of 40% can be deducted from a debtor’s income.
- Deductions from Benefits: if you’re receiving benefits, some of your debt might be covered this way. Once agreed upon, bailiffs won’t need to visit.
If you’re struggling to pay off your debts and you’re unable to take up other options due to your financial situation, consider taking up a debt solution. There are many debt solutions available in the UK, and most of them help you to write off a portion of your whole debt.
But note that while debt solutions help to write off debts, picking the wrong one might worsen your situation. So, we recommend you reach out to a debt charity and get some advice before you make the decision. Alternatively, feel free to fill out our online form, and our MoneyAdvisor team will guide you.
Some debt solutions you can consider taking up include:
What Can Bailiffs Take From My House?
Bailiffs are authorised to take non-essential items from your home to cover your debts. This includes vehicles, electronic gadgets, and luxury items. However, they cannot take everything. There are some items that they don’t have the right to take as they may be considered essential.
What Should Bailiffs Not Take From My House?
It’s important to know what bailiffs can’t take from your home. Here’s a clear breakdown:
- Personal Items of Others: Bailiffs can’t take things belonging to other people in your house. This includes items belonging to children, siblings, and parents.
- Essential Personal Items: Items like pets, guide dogs, or tools and equipment for your job or studies are off-limits.
- Special Vehicles: A vehicle with a Blue Badge? That’s a no-go for bailiffs.
- Fixed and Necessary Items: Permanently attached items and those causing significant damage, if removed, like kitchen units, can’t be taken.
- Basic Needs: Your essential household items, like beds, chairs, cookers, and medical equipment, are safe.
Additional Advice and Guidance
If you’re struggling with debt and want some guidance, there are many debt charities in the UK. They offer free advice for debtors. So, feel free to reach out to one. Some of the debt charities that you can contact include:
- StepChange
- Citizens Advice
- National Debtline
Key Points
- A county court bailiff letter warns that bailiffs may come to collect a debt you haven’t paid.
- Ignoring a County Court bailiff letter is a risky move as it will worsen your situation. Once you ignore it, the court will issue a judgment without taking your financial and personal situation into consideration.
- If you receive an enforcement letter, make sure to check if it is valid and if you owe the debt.
- If you received a notice of enforcement from a debt collector, it is not valid.
- If the enforcement notice is valid, it is crucial that you pay the debt and take up a payment plan or a debt solution.
- There are many debt solutions available in the UK that help debtors to write off debt. It is important that debtors get some advice from a debt charity before they consider taking up a debt solution.
- If you don’t pay the debt, bailiffs can deduct from your earnings or deduct from your benefit.
- If the situation escalates to asset seizures, bailiffs cannot take anything they want. Some items, such as essentials and items required for work or studies, are off-limits.
- If you want additional advice and guidance on your situation, feel free to reach out to a debt charity such as StepChange or Citizens Advice.
FAQs on Handling Bailiff Letters
Worried about bailiffs showing up unexpectedly?
- Notice Requirement: Generally, bailiffs must send a notice of enforcement before visiting. They can come seven days after this notice. But what’s the exception?
- HM Revenue & Customs: In case of tax debts, HM Revenue & Customs’ bailiffs might not need a court order. They could show up without prior warning.
Wondering if bailiffs can barge in to collect debts?
- General Rule: Usually, bailiffs can’t use force, like breaking doors or entering through windows. But under what circumstances can they gain entry?
- Locksmith Assistance: In some cases, after multiple visits, bailiffs can enter with a locksmith. However, they often retreat if you don’t let them in, only to return later.
Letting bailiffs in can change the situation. Here’s how:
- First Visit: On their first visit, they’ll likely just discuss the debt with you. But what if they come again?
- Subsequent Visits: If you allow entry again, they might take certain items. Not letting them in limits their actions to outdoor possessions or immediate payment collection.
