What To Do When The Bailiffs come!

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.
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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!