You may have received a letter telling you that the bailiffs have been instructed to your property. When you are already worried about money issues, the thought of the bailiffs visiting your home does sound scary.
However, did you know that you have rights as well as the bailiffs when it comes to collecting a debt? Make sure you read this guide as we provide you with the information you need to help you deal with bailiffs knocking at your door.
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What are bailiffs?
Bailiffs are people who have the legal right to collect money on behalf of a company you owe money to. They are also known as enforcement agents.
You will either be asked to pay what you owe, or they will be instructed to seize your belongings and sell them to pay for the debts.
What debts can a bailiff collect?
Bailiffs are allowed to collect debts owed to the government or local authority:
Is there a difference between bailiffs and debt collectors?
Often bailiffs and debt collectors get pushed into the same category. Although both are seen as collecting money on behalf of a creditor, there is a difference between a debt collector and a bailiff:
A debt collector does not have special powers to help them collect a debt, whereas a bailiff has special rights to recover the debt.
Bailiffs collect more debts which is related to the government or local authority whereas debt collectors collect commercial debts which include things related to credit card debt, loans, overdrafts and utility debts.
What are the different types of bailiffs?
There three different types of UK bailiffs:
- County Court Bailiffs – This a bailiff who looks at matters relating to the local county court. Their main role is to enforce county court judgements (CCJ). Their job is to ensure that you are forced to repay the money that is owed to you by the creditor.
- High Court Enforcement officers – A high court enforcement officer is someone who deals with matters relating to the high court. Their job is to collect unpaid debts and take away and auction off the property to recover the debts.
- Certified enforcement agents – These agents will perform similar duties to high court enforcement officers and county court bailiffs but will work on behalf of a private company.
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What rules do bailiffs have to follow?
UK laws which were passed in 2007, ensured that bailiffs have to follow stricter rules.
In the past, people have often heard bailiffs forcing themselves into people’s homes or visiting them in the middle of the night. Well, all this has stopped now. Instead, they should adhere to the following rules:
How do you avoid the bailiffs?
Ignoring bailiffs won’t help your situation, however, it is important to understand that you could avoid the bailiffs by not allowing the situation to escalate.
Bailiffs must give seven days’ written notice of a planned visit. This will allow you some time beforehand to contact the creditors you are in debt with to see if you can come up with a resolution, to stop the bailiffs from visiting you.
You also have the right to refuse entry or ask them to leave if they are coming to your property for the first time.
However, if they do present themselves at your door then you could try arranging a payment plan with them. This is probably better over the phone or through the letterbox rather than inviting them in.
Should you let the bailiffs in?
Sometimes you may have no other option but to allow bailiffs to enter your home, but this is under certain circumstances. Read more about this in ‘can bailiffs force entry into your home’.
However, it is important to note that on their first visit, bailiffs can only enter if you tell them they can or through a door that has been left open.
Can bailiffs force entry into your home?
Bailiffs are only allowed to force themselves into your home under certain circumstances.
If they do force entry, then they can not force your door down as this would be breaking the law. If they do this then they are breaking the law.
Instead, if they have special circumstances then they could get a locksmith to open your door.
Allowing bailiffs to force entry into your home can be for the following reasons:
What happens when you allow bailiffs into your home peacefully?
If you allow bailiffs into your home, then your rights do change. They are then allowed to:
However, they are not allowed to take items on their first visit and also items which don’t belong to you. You will have to prove that they don’t belong to you.
Can bailiffs come into your house without you being present?
Bailiffs are not allowed in your home if no one is in.
However, a bailiff can gain access if:
What items are bailiffs allowed to take?
Bailiffs are only allowed to take goods that they have access to or have physically touched. Items that bailiffs are likely to take are high-value items:
- Computers/Laptops
- TV
- Gaming consoles
- Jewellery
These items are seen as high value and can be used by bailiffs to sell at auction.
What items are the bailiffs not allowed to take?
Often people assume that when the bailiffs come to seize goods, you will be left with an empty home with no belongings, however, there are rules in terms of what the bailiffs are not allowed to take. These include things which you need for your everyday life:
- Clothes
- Household items such as fridges, freezers or washing machines
- Fixture and fittings such as lights, clocks
- Children’s toys e.g some of these items might be of high value but the bailiffs are not allowed to take these as they are only allowed to take items which are the property of the debtors.
- Pets or guide dogs
- Vehicles, tools or equipment you need for your job or to study, up to the value of £1,350
- They can not take items which are permanently attached to your homes like fitted wardrobes or kitchen units
- Table and enough chairs to sit on or a sofa
- Phone or mobile phone
- A mobility vehicle or a vehicle displaying a valid Blue Badge
Can the bailiffs take my car or vehicle?
Bailiffs can clamp or take your vehicle under certain circumstances.
It is important to understand that if you are not at home then they could come and clamp or take your vehicle.
There are certain circumstances when a bailiff can’t take your vehicle:
- it has a valid Blue Badge or is a Motability vehicle
- you live in it and it is your home
- you need it for your job and it’s worth less than £1,350
- if you have a finance agreement attached to the car
To avoid your vehicle being taken by the bailiffs, you should park your car:
- Locked garage
- Move it to friends or family member’s driveaway
If the bailiffs find it outside your house or on the road then they can clamp or seize your vehicle.
What do I do if the bailiffs have come to collect for someone else?
Generally, it is best not to let them in. Instead, show them documentation to prove that you are living at the address, not the person they are collecting money from.
Also, if you live with someone and the bailiffs come, then explain to the bailiff that the person is not at home. Remember they can’t force themselves into your home on the first visit but if they have a warrant then they can enter.
They can not seize goods that don’t belong to the person in debt. Instead, you may need to show proof that you own these items, which they are not allowed to take.
Does a bailiff have to agree to your payment plan?
The easiest way to get rid of a bailiff is to pay back the money you owe. This would be through a lump sum payment or a payment plan.
You should try agreeing on a payment plan with the bailiff. If this is not acceptable then call the creditors up and see if they are more open and in keeping with your budget.
If this fails, then it is important to seek independent debt advice as soon as possible and look at alternative debt solutions.
Will bailiffs go away if I ignore them?
Unfortunately, not. Ignoring them will only make matters worse. You can buy some time on the first visit as they are not allowed to force entry into your home, but the bailiffs will continue to come to ensure the debt matter is resolved.
The only way you can stop them is by repaying what you owe or by arranging a payment plan. Alternatively, if a payment plan is not feasible, then take a look at some alternative debt solutions to help you.
Does an IVA stop the bailiffs?
An Individual Voluntary Arrangement (IVA) is a debt solution offered to people in England and Wales. It will allow you to pull all your unsecured debts into one affordable monthly payment. It also allows you to write off any debt you might owe.
As an IVA is a legal contract, any legal action such as bailiffs will need to be ceased after the arrangement has come into place.
This will mean that interest and charges for that debt will be frozen.
Does Debt Management Plan stop the bailiffs?
A Debt Management Plan (DMP) is a non-legally binding debt solution. It is an informal debt solution which has been arranged by you and your creditors. It is best to arrange a debt management plan at the earlier stages of your debt journey.
Debt management plans have the potential to stop a creditor from chasing you for money owed using bailiffs. Agreeing on a debt management plan before it escalates to the stage of creditor asking enforcement officers or bailiffs to visit your home will prevent the creditor from needing to use the bailiffs.
However, as debt management is not legally binding, the creditors can withdraw at any time.
How can I get further help for my debt and bailiff action?
It is important to get the right help and advice when it comes to bailiffs and debt. Finding the bailiffs knocking at your door can prove to be daunting and having to deal with them can be overwhelming.
However, there are debt solutions that are available to help you deal with this solution. Get in touch with us today and get debt help.
