Dealing with Bailiff's

Dealing with Bailiffs

Being in debt is something that is becoming almost "normal" for most people and families in the current financial climate – though most of us try our best to keep our heads above water, it is becoming increasingly difficult as the bills mount and living costs continue to rise. So it isn’t that surprising more and more companies are having to resort to sending in the bailiffs to try and get their money.

Having a visit from a bailiff can be a worrying experience for many reasons ranging from the acceptance that your financial situation has reached that point, to having a stranger stood on your doorstep demanding entry. A bad situation can be made worse if you don’t understand your rights as many bailiffs will play on this to get their own way.

Anyone can be a bailiff if they have the legal authority to carry out their actions normally in the form of a warrant or liability order. They are people that have been authorised to collect a debt on behalf of an individual or company. There are several different types of bailiff, for example private, county court or certificated bailiffs, and they can be used to collect a large variety of debts.

The different types of bailiffs have different powers available to them, but there are some rules that apply to bailiffs across the spectrum. Bailiffs are different to counselors, collectors or advisers, which a company may send to your home if you fall behind on your payments to them, only bailiffs have the right to enter your property and seize goods.

If it is the local council that is sending the bailiff to collect unpaid council tax, they must issue a letter giving 14 days notice of a bailiff visit, and County court bailiffs must issue a warning 7 days in advance to give you time to settle the bill.

If a bailiff calls at your door, he or she should be able to provide some form of authorisation or identification if you request it, for instance, if they are collecting for lapsed rent they must show a county court certificate, or if they are trying to recover unpaid council tax they should have some form of written authorisation from the local council. Most bailiffs can call at anytime of the day or night, only bailiffs collecting rent have to call between sunrise and sunset. Most bailiffs, however, will call between 8am and 8pm.

Despite what they may tell you, most bailiffs do not have the right to force their way into your home, and may only gain “peaceful entry” – which means they can only enter the property if they are invited in or through an unlocked door or window (whether you are home or not) they can not break doors, windows or fences to gain entry, or push past you if you answer the door.

You can not be arrested for failing to allow a bailiff into your home, although they may try to make you believe that you can, if the police accompany the bailiff it is only to ensure that there is no breach of the peace – not to apply pressure on you to allow access or arrest you for non-payment. You will only be put in prison for your debts if it can be proved to the satisfaction of a magistrate that you have the money to pay your debts but are deliberately with-holding payment.

Bailiffs know very well the limits of their powers but count on the fact you don’t and will try as many “tricks” as possible to gain entry, including asking to borrow your phone to check something with their office, walking into your home as soon as you answer the door or asking if you can discuss this more privately in your home – DO NOT let them into your home under any circumstances as this gives them the right to enter the house at ANY time in the future (breaking in if they have to) to remove goods.

Once a bailiff is in your home, they have the right to seize any good of value belonging to the person who is named on the warrant. They have the right to break any locks on cupboards or doors within the house to find goods. They may touch them, leave some sort of mark on them of just tell you which goods they are intending to seize.

When the bailiff has seized the goods they have a number of options, they can either remove the items immediately or ask you to sign a walking possession agreement. They have the right to leave a guard on the premises or secure the items within your home until they can collect the items, but these options are rarely used.

A walking possession agreement is a document that is signed by both the bailiff and the person in debt and is a list of the items that have been seized by the bailiff against the outstanding payment. The items normally stay within your property until the bailiff sells them which doesn't normally happen unless you miss an agreed payment.

Bailiffs can not take any goods that are required for the basic needs of your family, so items like fridges, cookers, freezers, clothing, bedding and most furniture are exempt. They can take your television, video, DVD player or stereo as these are not necessary for your daily living.

Unless the bailiff is claiming goods against unpaid rent, it is not against the law for you to remove or hide goods before a bailiff visits to prevent them seizing them, but remember that if you allow the bailiff in, or the bailiff gains peaceful entry they can come back at any point to check if goods have been hidden.

Bailiffs are not allowed to discuss (unless unavoidable) the matter with anyone other then the person named as the debtor. If the only person in the house at the time of the visit is under 18, they may ask when the person is due home, if the person at home is a child under the age of 12, the bailiff must simply leave.

If you need more advice about what to do if a bailiff calls, or about your debits in general then you can contact either the National Debtline, or your local Citizens Advice Bureau, or you may wish to consider consulting a specialist insolvency solicitors.

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