Bailiffs do not have the right and have no more power to come into your home uninvited than a tramp who sleeps rough on the streets. Bailiffs are meant to have cleaned up their act but if they are calling at your home they can still be intimidating, so it’s important to know your rights. The only time a bailiff would have the right to use ‘reasonable force’ to get in to your home would be if they are collecting unpaid criminal fines.

Bailiffs collecting all other debts can only come in if they can do so without using force. This is called “gaining peaceful entry” and includes:

Remember

Just because bailiffs can’t get into your house, it doesn’t mean they cannot get your belongings – they can seize a car parked in the street, as long as they are certain it belongs to you.

•    being invited in by a responsible adult;
•    climbing through a window that is open;
•    jumping over a fence to get to your back door; or
•    opening an unlocked door to come in.
•
It does not include:

•    being asked in by a young child;
•    breaking windows, doors or locks; or
•    pushing past people to get inside

What is a bailiff?

A bailiff, sometimes called an “enforcement agent”, is someone authorised to collect a debt on behalf of a creditor. There are different types of bailiffs, all with slightly different rights:

•    County court bailiffs
•    Certificated bailiffs

If you think bailiffs will be coming, ask an advice agency to give you a letter you can show the bailiffs so they know you are getting expert advice. The letter may say that the agency has advised you not to let the bailiffs in. You might feel safer passing the letter to the bailiffs through the mailbox, rather than opening the door.

Private Bailiffs who can be used to collect different types of debts.

Beware of sneaky attempts to get in: They may ask if they can use your telephone to check if an arrangement is satisfactory with their office, or ask if you would prefer to discuss matters inside. Say no.

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If a bailiff does gain peaceful entry to my home, what will they do?

Once in the house the bailiff has the right to go into all rooms and can break open any locked door or cupboard inside your house. Once in, the bailiff has the right to call again and enter even without your permission.

Any attempt to remove a bailiff from your property once they have gained peaceful entry is assault and you could be taken to court for it.

Can a bailiff remove my goods straight away?

Bailiffs can either remove items immediately or they will leave someone on the premises to guard the items that have been seized.
They will mark or otherwise indicate which items they are interested in. Once they do this, the goods legally belong to the bailiff and can be removed at any time.

Usually, they ask you to sign a “walking possession agreement”. This means the items can stay in your home as long as you keep making agreed payments.

Can a bailiff seize goods that does not belong to me?

No. However, it is up to the individual to prove ownership afterwards.

Are there any goods that the bailiff cannot seize?

Tools, goods, vehicles and other items of equipment necessary for use by you in your employment Clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family.

Things to Remember

•    If the only person present is or appears to be under 18, the bailiff must depart, but may ask when the debtor will be home.
•    If the only persons at home are children under the age of 12, the agent must simply leave.
•    Bailiffs should avoid disclosing the purpose of their visit to anyone who is not the debtor.
•    Visits should ideally only be made between 6am and 9pm and not on Sundays, Bank Holidays, Good Friday or Christmas Day.
•    Respect for other religions and cultures should be upheld, and visits avoided on appropriate festivals and holidays.
•    Goods belonging to a child should not be seized
•    Bailiffs should take all reasonable steps to satisfy themselves that the value of goods seized is proportional to the debt and charges owing.
•     Receipts should be given for all goods seized

Be prepared for the bailiff visit. Major rule, do not let them pass your door step!

Credit Report – Consumer Rights
Do you know your ‘Credit Report’ Consumer Rights? This article provides you with an overview of your Consumer Rights in regards to Credit Scoring Reports.

Americans are entitled to one free credit report within a 12-month period from each of the three credit bureaus but are not entitled to receive a free credit score. Credit scores are available as an add-on feature of the report for a fee.
By law, a consumer is entitled to a free credit report (but not a free credit score) within 60 days of any adverse action (e.g. being denied credit, or receiving substandard credit terms from a lender) taken as a result of their credit rating.
You have the right to receive a copy of your credit report. The copy of your report must contain all the information in your file at the time of your request.
Each of the nationwide consumer reporting companies – Equifax, Experian, and TransUnion – is required to provide you with a free copy of your credit report, at your request, once every 12 months.
The Law
Under federal law, you’re also entitled to a free report if a company takes adverse action against you, like denying your application for credit, insurance, or employment, and you ask for your report within 60 days of receiving notice of the action. The notice will give you the name, address, and phone number of the consumer reporting company. You’re also entitled to one free report a year if you’re unemployed and plan to look for a job within 60 days; if you’re on welfare; or if your report is inaccurate because of fraud, including identity theft.
Otherwise, a consumer reporting company may charge you up to $9.50 for another copy of your report within a 12-month period.
You have the right to know who asked for your report within the past year – two years for employment related requests.
If a company denies your application, you have the right to the name and address of the consumer reporting company they contacted, provided the denial was based on information given by the consumer reporting company.
If you question the accuracy or completeness of information in your report, you have the right to file a dispute with the consumer reporting company and the information provider (that is, the person, company, or organization that provided information about you to the consumer reporting company). Both the consumer reporting company and the information provider are obligated to investigate your claim, and responsible for correcting inaccurate or incomplete information in your report. For details, see How to Dispute Credit Report Errors at ftc.gov/credit.
You have a right to add a summary explanation to your credit report if your dispute is not resolved to your satisfaction. You also can ask the consumer reporting company to provide your statement to anyone who received a copy of your report in the recent past. You can expect to pay a fee for this service.

What is a credit rating report or a credit report? That’s a straight forward question and we get asked the same practically everyday.

The credit report typically shows how much money you have borrowed and how you repay debts. Creditors usually look at this report to decide whether or not to give you any credit.

The informmation included in tour credit rating report is most often comprehensive identification and employment data, payment history on your accounts past and present, a list of creditors who have recently requested a copy of your report.

It includes Public Record Information (such as bankruptcies, foreclosures, court judgments)

Not everyone can look at your credit report. Generally, only such people like creditors, who you have asked to give you credit, potnetial employers if you have given them authorisation, government agencies who are collecting child support.

The information about you is generally held by the three major credit reporting agencies and some other small ones. You should order your report from at least the “Big Three.”  In the US, these companies are:

—Equifax

—Experian (formerly TRW)

—Trans Union

These agencies may charge you up to $8.00 for the report and you can access your credit report online.  You can obtain a free credit report if you have been denied credit within the past 60 days. You can also get one free report in any 12 month period if you are unemployed and will be applying for a job within the next 60 days, if you are on welfare, or if you have reason to believe that your report contains inaccurate information due to fraud.

In general, if you order a report you need to disclose your full name, date of birth, social security number and residences for the past five years.

The first thing to improve your credit score is by using only about 30% of your available credit.
Make this a ground rule. If you have an old credit card you aren’t using, use it, but stay below the 30% and be punctual on all your repayments. If you can pay a card in full every month do that too.

In case you have an “unpleasant “mark” on your credit file, you have the right to dispute it and if the company responsible for the entry isn’t responding in time to the credit bureau, the entry will be erased.

Keep accurate and detailed records of your disputes and make sure everything is send by recorded mail. Do not dispute more then 1 item per letter you write. Send a letter for each negative entry. It can take some time to clean your credit file but it is well worth it. And it’s your legal right to be on top of your credit files.