You are not the only person in the UK who had to deal with county court bailiffs in order to deal with a debt issue. Don’t worry. With this article, we aim to explain the often intimidating process of dealing with bailiffs.
By understanding their process in advance will help you a great deal when the time comes actually to deal with them.
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Here are some outcomes that you will get by reading this article,
It doesn’t matter whether you’re seeking to negotiate with creditors or understand a controlled goods agreement. This guide is designed to empower you with knowledge and confidence in handling these challenging situations.
So, Let’s dive right into the article…
What to do when County Court Bailiffs visit
It’s crucial to understand your options and rights when you are on the edge of an encounter with a visit from a County Court Bailiff. At first, the bailiffs will send you a Notice of Enforcement. Through this notice, they will let you know that their bailiff agents will visit your home after passing seven days of receiving it.
We strongly advise you to find a solution to your debt issue before the arrival of bailiffs. Otherwise, you may end up paying for bailiffs in every phase of the debt recovery process.
These charges include
Staying calm without getting panicked is the first thing you should do in this situation. Only then, you will be able to find a reliable solution to deal with bailiffs regarding to your debt issue.
Your immediate action should be to assess your situation upon receiving the Notice of Enforcement from a County Court Bailiff. For that, you need to check whether you have the capability to settle the debt or whether there is room for negotiation.
Remember, the aim is to avoid further charges and, importantly, prevent the possibility of them forcing entry into your home. Now, you may be wondering what are your financial options.
- Check Your Budget: Look at your financial situation. You need to check whether you have enough extra money to settle debt while saving enough money to manage your day-to-day expenses.
- Consider Payment Plans: You need to explore the option of paying in instalments if full payment isn’t feasible. This can keep bailiffs at bay.
The second thing you can do in this situation is get in touch with your creditor or the debt collection agency who’s in charge of collecting your debts. Then, you need to discuss with them to find a solution to your debt issue before the bailiffs arrive at your doorstep.
For that,
- Do Open Dialogue: Contact your creditor or the agency. Explain your situation transparently. Try to talk with them in a way that they get convinced enough about your current financial situation.
- Propose Solutions: Offer a feasible payment plan or ask for an extension if a one-time payment to settle the debt is not an option for you. This will show them your willingness to resolve the issue.
Sometimes, you may face difficulties in agreeing to the proposed payment plans from your creditors, especially if they are financially burdensome. Thus, your lenders may even turn towards sorting your unsolicited debts under default payments in your credit report.
In such situations, it is advisable to explore alternative debt solutions that can effectively address your debt-related concerns. In the UK, there are various alternative debt solutions to consider.
However, it’s crucial to keep in mind that each of these debt solutions has specific eligibility criteria. Selecting the right one can lead to debt resolution, while choosing the wrong one could worsen your financial circumstances.
Hence, seeking guidance from a professional debt advisor is a prudent step to take if you find it challenging to determine the most suitable debt solution on your own.
Here are some key debt solutions available in the UK:
- Additionally, you may be eligible for Minimal Asset Process bankruptcy (MAP) if you have limited income and few valuable assets.
- This MAP option is known for its speed, cost-effectiveness, and simplified process, making it a practical choice to explore.
If you need personalised assistance based on your current financial situation, please feel free to complete our online form shown in the message box below to receive help from our Money Advisor Team.
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What is the County Court Bailiffs’ Role in Debt Collection?
County Court Bailiffs are the law enforcement agents who get appointed to collect debts on behalf of the courts. They are allowed by law to visit the debtor’s property and request them to settle the debt as a representative of the creditor.
Before getting permission from the court to use bailiffs to visit your property, your creditor will send you one last letter titled Letter Before Action (LBA). Through this letter, they will let you know that they will go to court to solve your debt issue if you do not settle the debt before the due date mentioned in the LBA.
If you refuse to pay yet after receiving LBA, then the creditor will go to court again to apply for a Warrant of Control to use bailiffs. Then, the court will issue a warrant of control against you if the debts are proven true.
As a result, bailiffs will visit your home and seize your belongings. Then, they will store them in a warehouse for some time and sell them in an auction to settle the debt and all the debtors’ charges.
However, County Court Bailiffs are bound by legal regulations when dealing with debt-related law enforcement.
Can County Court Bailiffs Force Entry into my home?
NO, County Court Bailiff Agents are prohibited from making an unlawful force entry to your residence unless equipped with proper legal authorisations such as a warrant of control, warrant of possession or a writ of conduct.
Let us assume a scenario where they possess the required legal authorisation to access your home.
Even on that occasion, they must seek your consent to enter unless an unlocked door is available. Nevertheless, there are specific legal procedures, unique to each enforcement case, that they are obliged to follow despite having legal permission to enter your residence.
In fact, you need to validate the legitimacy of any communications or enforcement notices you receive from them prior to happening any potential seizing of your belongings.
You are allowed to ask to see:
You have the right to request proof of a bailiff’s identity and authorisation. For that, it doesn’t matter even if they have visited your premises before. For instance, you can ask them to present it through the letterbox or display it at the window.
It’s important to note that all bailiffs are required to possess a certificate unless they fall under an exemption category or are accompanied by someone holding a valid certificate.
You are allowed to keep your doors closed and not let bailiffs get inside.
Plus,
But, the story for Business premises is different. Bailiffs can enter Business premises without permission to enforce County Court judgments.
Nonetheless, there is an exception to the general rule that bailiffs cannot enter your home by force. Under specific circumstances, they have the authority to force entry to your home, although without causing harm or issuing threats.
This is applicable in the following situations:
In such circumstances, bailiffs may employ a reasonable level of force to gain entry to the property and fulfil their responsibilities.
Plus, It’s important to note that attempting to physically obstruct them in these situations is not within your legal rights. It’s because the law supports their actions during these specified enforcement activities.
In addition to knowing the above facts, it’s important for you to know that you have rights and options when dealing with bailiffs.
Here are essential points to remember:
- Stay calm and polite. Avoid getting angry or confrontational, as this can worsen the situation.
- Right to Information: You have the right to be informed about the reason for a bailiff’s visit, whether it’s for debt collection or property repossession.
- Consider payment options: You can offer full payment, ask to pay in instalments, or use alternative debt solutions available in the UK to avoid further action.
- Respecting Boundaries: A bailiff must respect your personal boundaries. Forced entry, for instance, is not always permissible. This typically involves unpaid fines or taxes and requires exhausting other options first.
- Challenge and Verification: You can challenge the bailiff’s actions and verify their credentials. This is not defiance; it’s a part of your legal rights.
- They cannot arrest you for civil debts. Arrests are only possible for specific exceptions like unpaid criminal fines or tax debts with warrants.
- They cannot take certain essential items. This includes things like clothing, bedding, cookers, fridges, someone else’s belongings(such as your partner’s computer), work tools and equipment that are needed for your job for less than £1,350.
- They must act reasonably: They cannot use excessive force, damage property, or harass you.
- Seek advice: You are allowed to contact debt counselling services or legal professionals for guidance to find a reliable solution to your debt issue.
A County Court Bailiff’s responsibilities are as important as their powers.
They are bound by law to:
- Act Fairly: They must enforce the law without bias or unfairness.
- Maintain Professionalism: Every action, from communicating to executing a warrant, should be done with professionalism.
- Respect Legal Limits: They must always stay within the legal framework, respecting both the letter and the spirit of the law.
Can I refuse to open the door when bailiffs visit?
Yes, it’s always better to communicate with bailiffs outside your home or business premises rather than letting them get inside willingly, especially on their first visit. You are allowed to communicate with them via closed doors and windows.
In most cases, the bailiffs try to list down valuable items in your possession during their first visit. They do this in order to lure you into signing a controlled goods agreement. With this agreement, you get the chance to keep your belongings in your care. But you have to keep paying the agreed-upon payment instalments on time.
You have the right to decide whether to accept the agreement or not. If you accept the Controlled Goods Agreement and fail to fulfil its conditions on time, then the bailiffs will visit your home and seize the belongings that are listed under the agreement in order to auction them and recover the debt and their fees.
If you do not agree to a controlled agreement, then you need to be ready with an alternate debt solution in order to put a full stop to their procedures.
Will I get a warning before the County Court Bailiffs visit?
Yes, the bailiffs will send you a notice letter under the title ‘Notice of Enforcement’ before their visit for the first time. Through this notice, they will let you know that you have 7 days to resolve the debt issue with the creditors. Or else they will make a visit to your premises after passing the due date.
On these occasions, you need to verify whether the agents who are visiting your home are really bailiffs or just debt collecting agents assigned by debt collection agencies Pra Group, Cabot and Lowell. It’s because there are recorded incidents where normal debt collection agents have pretended to be bailiffs in order to make the debtor scared and recover the money.
Simply ask them to provide identification, as we discussed before. Then, you will be able to identify them easily.
What is a Controlled Goods Agreement?
In the United Kingdom, a Controlled Goods Agreement (CGA) is a legal document that is often used by enforcement agents, including bailiffs, to secure the payment of a debt. When an enforcement agent visits your(debtor’s) premises to recover a debt, they may identify and list certain items (controlled goods) that could potentially be seized to cover the outstanding debt.
This Controlled Goods Agreement serves as a type of repayment plan. It provides you(as the debtor) with an opportunity to continue using those goods while agreeing not to sell, remove, or dispose of them until the outstanding debt is settled.
Typically, the agreement includes details about the
Here, you ( as the debtor) will be given a specified period to either pay the debt in full or make suitable arrangements for payment.
Instead of the enforcement agent taking away the debtor’s belongings:
- The debtor gets the chance to keep possession and use of the goods, typically essential items like furniture or white goods.
- The debtor agrees to a repayment plan for the outstanding debt.
- The enforcement agent retains legal control over the goods listed in the agreement.
Essentially, the CGA is a way for the debtor to keep their essential belongings while still meeting their debt obligations.
Here are some key points about CGAs:
- They are regulated by the Taking Control of Goods Regulations 2013.
- The debtor must agree to the terms and sign the agreement.
- The agreement specifies the goods covered, the repayment plan, and the consequences of breaking the agreement.
- The enforcement agent can still take the goods if the debtor misses payments or breaches the agreement.
If you fail to comply with the terms of the Controlled Goods Agreement, the enforcement agent may return to seize the listed goods to cover the outstanding debt.
It’s important for debtors to be aware of their rights and obligations under such agreements and seek professional advice if needed.
You can find more information and advice from organisations like,
Key Points
- When dealing with County Court Bailiffs, you typically receive a Notice of Enforcement, providing a seven-day warning before their visit.
- Be aware of the charges associated with bailiff visits, including notification charges, visiting charges, and expenses related to seizing and storing goods.
- Upon receiving a Notice of Enforcement, assess your financial situation to determine if you can settle the debt or negotiate with creditors to avoid further charges.
- Explore financial options, such as checking your budget, considering payment plans, and negotiating with creditors to find a suitable solution.
- There are alternative debt solutions available in the UK, including Debt Management Plans, Individual Voluntary Arrangements (IVA), Trust Deeds, Debt Relief Orders (DRO), Bankruptcy, Sequestration, and Minimal Asset Process bankruptcy (MAP).
- County Court Bailiffs are appointed to collect debts on behalf of the courts, and their involvement follows a legal process initiated by a Letter Before Action (LBA) and a Warrant of Control.
- County Court Bailiffs cannot break into your residence without proper legal authorisations, and even with legal permission, they must seek your consent to enter.
- You have the right to ask bailiffs for proof of identity, company details, a contact number, and a breakdown of the amount owed to validate their legitimacy.
- While bailiffs generally cannot force entry, there are specific circumstances, such as executing a warrant for possession, seizing goods under a Controlled Goods Agreement (CGA), or serving certain court orders, where they may have the authority to enter forcefully.
- Understand your rights when facing bailiffs, including staying calm, receiving information about their visit, considering payment options, respecting personal boundaries, challenging actions, and seeking professional advice if needed.
FAQs
Bailiffs mainly focus on seizing non-essential or luxury items upon gaining entry. This could include:
- Vehicles Not Used for Work: Such as personal cars, motorbikes, or bicycles.
- Home Furniture: Pieces that are not deemed essential for basic living.
- Personal Luxury Items: This covers jewellery, art pieces, and similar valuables.
- Electronic Goods: Televisions and technology items like game consoles fall under this category.
Bailiffs are allowed to enter your home or conduct a force entry procedure during times that are not between 9 pm and 6 am.
Bailiffs must adhere to strict guidelines about what they can’t take from your home. These include:
- Essential Items: Things that you or your family need for daily living are off-limits.
- Belongings of Others: Items owned by other people in your household cannot be seized for your debt.
- Work or Study Tools: Items you require for your job or education are protected.
- Vehicles With a Blue Badge: A vehicle displaying a valid Blue Badge is exempt from seizure.
- Permanently Fixed Units: Items causing significant damage upon removal, like a fitted kitchen, are protected.
- Basic Necessities: Beds, bedding, essential furniture, kitchen appliances, phones, medical equipment, and similar items are considered essential for a basic standard of living.
