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Bailiffs

Bailiffs

Dealing with Bailiffs

A bailiff (also known as an Enforcement Agent) may visit your home if you don’t pay a debt for something like council tax, a fine, or child maintenance.

If you have been contacted by a bailiff, you can prevent them visiting by paying them what you owe, or by arranging with them to pay in instalments.

Bailiffs will generally be happy to accept an arrangement to pay, provided that it’s realistic, and that you can afford to pay it.

If we’ve already worked out a budget for you, you can use this to demonstrate to the bailiffs what you can afford to pay. If you haven’t already completed a budget you’ll need to detail your income, outgoings, and work out what’s left over and what you can afford to offer them (see our offers to creditors page for more information).

Can Bailiffs force entry?

This depends on the type of debt they are collecting, and whether they have visited before. Bailiffs are allowed to force their way into your home to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort.

You usually do not have to open your door to a Bailiff or let them in. Bailiffs cannot enter your home:

By force, for example by pushing past you.
If only children under 16 or vulnerable people (with disabilities, for example) are present.
Between 9pm and 6am
Through anything except the door

If you do not let a Bailiff in or agree to pay them:

They could take things from outside your home, for example your car.
You could end up owing even more money.

If you do let a Bailiff in but do not pay them, they may take some of your belongings. They could sell the items to pay debts and cover their fees.

You may be able to get extra time to make a payment or get debt advice if you’re a vulnerable person (for example, you have mental health problems or are seriously ill)

What can Bailiffs take?

If you let the bailiff in, they can take some of your belongings which will be sold to repay your debt.

This includes items like:

TVs
Games Consoles
DVD players or stereos
Jewellery

What items can’t Bailiffs take?

There are also items that Bailiffs can’t take, these include:

Items which are essential such as your beds, bedding, washing machine or cooker
Items which belong to someone else – including things that belong to your children – however they can take items which you own jointly with someone else.
A Motability vehicle
Things that you need for work.
Things that you’re paying for on finance.

How to stop Bailiffs?

If you think a Bailiff might visit you to collect debts, you can stop this by paying the money you owe. You may want to seek debt advice to understand if there are any debt solutions available to help you pay off your debts.

Some debt solutions protect you against further action from your creditors, including bailiff action.

They are sometimes called ‘formal’ solutions because the creditors, as well as you, are bound by them:

Bankruptcy
Individual Voluntary Arrangement
Debt Relief Order
Sequestration (including Minimal Asset Process)
Protected Trust Deed
Debt Arrangement Scheme

If you’re in one of these solutions, and the debt which the bailiff is collecting is included, they can’t send bailiffs out to your property.

There are, however, some important things to consider.

The protection only starts from the point that you enter the solution, e.g. the date that the bankruptcy order is made or after the IVA is agreed.
The protection only covers debts included in your solution. Any debts which can’t be included, such as court fines or child maintenance, can be pursued by the creditor who is within their rights to appoint bailiffs to collect the debt.
If the bailiff already has a controlled goods agreement and you fail to make payment, they can take the property listed on it, even after you’ve entered a formal debt solution.

Should I check a Bailiff’s identity?

Yes. If a bailiff visits your property, you must ask them for identification such as a badge, ID card or enforcement agent certificate.

You should also:

Ask which company they're from
Get telephone contact number.

Ask for a detailed breakdown of the amount owed.

All bailiffs must have a certificate unless they’re exempt or they’re with someone who does have a certificate.

You should do this before paying them anything or letting them into your home.

What is a Debt Collector?

You may find that, if you have fallen behind with your repayments to a debt, that you are contacted by another firm who have been asked to collect the debt. Your creditors are entitled to do this.

Debt collectors can:

Contact you by telephone or letter
Visit your home, provided they have given you prior notice
Set up a repayment plan with you

They can't:

Visit your home without notice or if you ask them not to
Enter your property without permission
Take any goods from your house
Contact you if you have appointed a third party (such as Angel Advance) to act on your behalf
Pressurise you to sell property or borrow money to pay the debt
Ask you to pay more than you can afford to

Debt collectors will often agree to freeze interest and charges to accounts where they can see that a person is in financial difficulties and has sought debt advice. If you appoint a third-party representative, they will usually direct all contact through them rather than contacting you.