If your debts get to the stage where a bailiff comes knocking at your

door to seize goods, it can be a very distressing experience. However,

if you know your rights and the law beforehand, this can alleviate some

of the stress and make the situation much more manageable.

This guide to the regulations on bailiffs refers to England and Wales

only.

What is a bailiff?

First of all, back to basics – what is a bailiff? A bailiff is someone

who collects a debt on behalf of someone to whom you owe money (a

creditor).

There are different types of bailiffs – county court, certified and

private. County court bailiffs are employed by the local authority,

certified bailiffs are employed by a private debt collection company

but have provided references to the local authority to confirm their

suitability to work as bailiffs.

All types of bailiff must adhere to the same general regulations,

although some have more power than others to collect debts.

When is a bailiff authorised to enter your house?

A bailiff might be employed to collect debts such as magistrates court

fines, county court judgements, unpaid council tax, outstanding child

support or maintenance, or overdue rent.

Legal authority must be granted by the court to permit a bailiff to

enter your house. There are different terms for the authority depending

on the type of debt. For county court judgements, a warrant of

execution is required. Other types are a liability order or a distress

warrant for unpaid fines, council tax or maintenance from the

magistrates court.

Sometimes creditors (or the debt collection agencies working on their

behalf) may send representatives as ‘counsellors’, ‘advisors’ or

‘collectors’ to negotiate the repayment of the debt with

you. These people are not bailiffs and they have no right to enter

your home or seize any goods.

Ask the bailiff for identification and for their warrant to enter your

house – they must provide these if you request to see them.

You will be given at least seven or 14 days’ notice of the bailiff’s

visit, depending on the type of warrant granted. However, you could

receive a visit at any time of day – there are no regulations as to

when bailiffs must call (except for those collecting rent, who must

call between dawn and dusk).

A bailiff can’t enter your house if the only person present is under

18m, and they can’t enter at all if there’s a child under 12 in the

house, even if there’s an adult present.

Do you have to let them in?

Under most circumstances, bailiffs are not allowed gain entry to your

house by force. Either you must invite them into your home, or they can

come in through an unlocked door or open window. They’re allowed to

climb over walls, gates and fences to get to your property, but they’re

not allowed to knock them down. And they can’t force their way past you

if you answer the door.

As a result of these restrictions, bailiffs often employ other methods

to enter your house peacefully. They may ask you to take pity on them

and let them inside if it’s raining, or they may request to use your

phone to speak to the creditor or debt collection agency. They may also

bring along police officers if they believe there may be a disturbance,

which can be very intimidating. However, you don’t have to agree to any

of these – even if the police are present.

What will the bailiffs do if you let them in?

If a bailiff gains entry to your house by peaceful means, they can then

take goods belonging to the person named on the warrant to cover the

cost of the debt if the person can’t pay by other means. It can be

difficult to prove who owns the goods, but the onus is on you. Normally

the bailiff will be able to take the goods and it is up to you

afterwards to provide evidence of ownership if they do not belong to

you.

When inside, bailiffs are allowed to break down locked doors or

cupboards, and after you’ve allowed them into your house once, they

have the right to enter again with or without your permission – and

they can even break a door or window to do so.

You have no right to forcibly remove a bailiff from your property after

they have entered and you could be charged with assault if you do.

What goods can a bailiff take?

There are some restrictions as to what items a bailiff is allowed to

remove from your property. Only non-essential items can be seized to

cover the debt, i.e. they must not take items that you need for basic

living, such as a cooker, a fridge, a bed, clothing or equipment or

vehicles that you need to carry out your job. However, they’re entitled

to take items such as a microwave oven, a hi-fi, a DVD player or a

second television set, as these are considered luxuries rather than

essentials.

To express their intention as to what goods they will take, the bailiff

will either put a note on them, touch them, point at them or tell you.

This is known as levying distress upon goods.

They’re most likely to take the items away immediately, although they

could leave someone to guard them until they are able to collect them.

Can you hide goods in advance of a bailiff visit?

Unless your debt is rent arrears, it’s not illegal to hide goods or

take them away from your house before the bailiff comes. However, if

the bailiff obtains peaceful entry to your house and suspects you have

hidden goods, they may return unexpectedly to look for the items they

believe you have hidden.

Is there a charge for a bailiff visit?

You will be charged a fee every time a bailiff has to come to your

house. The bailiffs will also charge for removing, storing and selling

your goods, which is likely to be done at auction. And your items won’t

be likely to fetch a good price at auction. They normally only sell for

around 10% of their original value. So even if your debt is only

£100, the bailiffs will be entitled to seize goods up to the value of

£1,000 to cover the debt.

Are there any alternatives to losing your goods?

One solution that will allow you to keep the goods in your house is a

walking possession order, in which the bailiff owns the seized goods

but allows you to keep and use them as long as you stick to your part

of an agreed repayment plan.

In order to seize goods for a walking possession order, the bailiff

must gain peaceful entry into your house. One trick that some bailiffs

may have up their sleeve is to make a list of goods that they have seen

through a window and then post the order through the letterbox. You

should not sign any order that has been taken out in this way.

Walking possession orders are subject to a fee – you will be charged

daily for as long as it is in place.

Another potential solution is to attempt to negotiate – although this

will probably only be effective at earlier stages of the debt recovery

process, before the bailiff’s visit. You’re more likely to be able to

come to a manageable agreement with your creditor if you keep

communicating with them so that they understand your situation, rather

than ignoring the repayment demands they send. As soon as you get

notice of a bailiff visit, start negotiations with the creditor or debt

collection agency immediately to try to agree on repayments and

persuade them to cancel the bailiff’s warrant.

For advice on how to deal with your debt and bailiff visits, contact

your local Citizen’s Advice Bureau.



Real Estate Professionals