If you’re struggling with debt, it can be very overwhelming, especially if you’re expecting a visit from a bailiff. Also known as enforcement agents, bailiffs are people who collect debts on behalf of a creditor and can cause fear or uncertainty for many people. Knowing your rights and what powers bailiffs have can help the process feel much less stressful.
At MoneyPlus, we are committed to helping people find debt help through a variety of different debt solutions. This guide will provide bailiff advice so you know what to do if they come knocking.
What bailiffs can and can’t do
When a bailiff comes to your door, there are a number of rules they have to follow. You don’t necessarily have to let them in and there are some goods they can’t take from you. Being aware of what they can and can’t do means you’ll know if they do break the rules and you can file a complaint if needed.
If you don’t pay your debts, your creditors may ask a bailiff to act for them. The bailiff will send you a notice of enforcement and you can either pay off the bailiff debt within seven working days or wait for them to visit you.
Bailiffs will try to come inside so they can make a list of things to sell at auction but it’s rare for them to take any goods away. However, you don’t have to let them in. In most cases, they can’t force entry or enter through anything except your door. The only time they can force their way into your home is to collect unpaid criminal fines, income tax or stamp duty but this is only ever as a last resort.
To prevent your items being sold at auction, you can make a controlled goods agreement with the bailiff. This essentially means they still have control of your belongings but they don’t remove them as you agree to a repayment plan to pay back your debt over an extended period of time. Bailiffs can’t make this agreement without you and it has to be signed by you to be valid.
As well as not being allowed to force entry, bailiffs can’t visit between 9pm and 6am or if there’s only children under 16 or vulnerable people (e.g. if you’re disabled, seriously ill, have mental health problems or you don’t speak English well) at home at the time.
Types of debt bailiffs can collect
There are a variety of different debts that bailiffs may come round to collect if not paid in time. These include:
- County Court Judgements (CCJs)
- Parking fines
- Council tax arrears
- Child maintenance arrears
- Income tax arrears
- Criminal fines
- VAT
- National insurance
- Tax credit overpayments.
If you are struggling with any of these debts and need bailiff debt help, don’t hesitate to get in touch with us for more advice and information.
Bailiff fees and costs
When a creditor calls in a bailiff, there are some extra fees which are added to your overall debt which are the same for all types of debt except High Court writs. These are collected by High Court enforcement officers who have higher fees.
Bailiffs follow a three step process with a fixed fee at every stage:
- Compliance
When you’re sent your notice of enforcement letter before the bailiff visits, you are charged an extra £75.
- Enforcement
You are given a fee of £235 when the bailiffs make their first visit. If your debts are over £1500, you will be charged 7.5% of the difference as well. For example, if your debt is £2000, you’ll be charged 7.5% of £500 in addition, which totals £272.50.
- Sale
If the bailiff comes back to collect your belongings for sale, you’re charged £110. In addition to this, like in the previous stage, you’ll be charged 7.5% of any debt over £1500.
What bailiffs can take
There are certain items that bailiffs can and can’t take. They are only allowed to take goods they have access to and that they can physically remove. Generally, they look for higher value items such as vehicles, jewellery, furniture and electric goods.
However, they can’t take things that you need to live, such as:
- Washing machines
- Mobile phones
- Microwaves or cookers
- Fridges
- Beds and bedding
- Medicine and medical equipment
- Enough tables and chairs for everyone in your home
- Vehicles or computer equipment you need for your job or studying up to the value of £1350.
How to prevent a visit from a bailiff
After you receive your notice of enforcement from a bailiff, there are a number of ways to prevent them from visiting you and incurring further fees. If you can afford to, the best option is to call the bailiff and pay off your debt immediately. You should ask them to send you a receipt so that you have proof if needed.
If you can’t afford to pay it all off in one go but can pay most of it, try calling the bailiffs to ask if they’ll accept a reduced payment. They may accept your offer as it will mean the debt is paid quicker even if it’s not the full amount.
Alternatively, you can try to make a payment arrangement and offer to pay your debt off in weekly or monthly amounts, which should be calculated according to what you can realistically afford each month.
However, there are ways you can avoid any contact from a bailiff in the first place through a debt solution. If you opt for an Individual Voluntary Agreement (IVA), you have legal protection from bailiffs and can’t be contacted directly by your creditors. A Debt Management Plan (DMP) is an informal agreement so your creditors can take legal action but this is unlikely, especially if you keep up with your payments.
FAQs
In most scenarios, bailiffs, also known as enforcement agents, can’t force entry into your property and you don’t have to let them in. For debts related to council tax, parking fines and loans, for example, bailiffs can only usually gain access to your property if you allow them in. It’s worth noting, however, that they can get in if a door has been left unlocked.
There are some exceptions. A bailiff may be able to force entry if:
A debt is being collected under a High Court Writ. This is a formal order that gives High Court Enforcement Officers (HCEOs) the power to enter your property and recover debt by seizing assets. However, this power is subject to strict legal guidelines and must be exercised reasonably.
You have any outstanding debt in relation to criminal fines, income tax or stamp duty. In these situations, bailiffs can use reasonable force to gain entry as a last resort.
You have previously signed a repayment plan called a ‘controlled goods agreement’. In this case, they can use reasonable force to get in if they’ve given valid notice.
Bailiffs have to follow strict rules and will generally only force entry as a last resort.
Bailiffs can’t enter your home for someone else’s debt unless the debtor lives with you or has goods at your property.
If the debtor doesn’t live at your property or have assets there, a bailiff can’t legally enter your home.
If the debtor does live at your property – for example, if they’re your partner or family member – the bailiff can’t take control of any goods that belong to you. It’s up to the debtor to prove that the goods belong to you. However, it’s important to note that bailiffs can take items that are jointly owned.
Yes, bailiffs must give 7 days’ notice before they first visit a debtor’s property. This is known as an enforcement notice. After sending this notice, bailiffs must wait a full 7 days before they can visit you. This 7-day period does not include Sundays, bank holidays or the day you receive the notice.
In the majority of cases, bailiffs need a court order or similar legal documentation in order to visit your home. Action may be taken by
– Magistrates’ court
– High Court
– County Court.
Bailiffs can only change your locks if they have a warrant or a writ from the court giving them permission, which is very rare. They would need a locksmith to change the locks.
Bailiffs can only take goods that you own or jointly own with someone else. They often take high value items such as jewellery, electrical equipment and vehicles. However, they can’t take:
– Items that belong solely to someone else
– Items that belong to your children
– Pets or guide dogs
– Things you need for work, such as tools, laptops or vehicles
– A vehicle with a Blue Badge
– A Motability vehicle
– Fixtures and fittings
– Things you need to live, i.e. tables, chairs, beds, cookers, etc.
If you’re not sure if bailiffs can take an item, it’s best to seek advice from a legal professional or a debt advice organisation.
If you don’t have any valuables for bailiffs to take, your debt will not be written off. Usually, this will be reported to the court or to your creditor. After this, other legal methods may be used to recover the debt, for example earnings arrestments or County Court Judgements (CCJs).
If your car is on finance, it usually can’t be seized. However, in some situations, a finance company may decide that the vehicle can be taken if their value in the agreement is low. The specific terms of the finance agreement can be used to determine whether or not a vehicle can be seized.
Often bailiffs will accept a payment plan if you can’t pay all your debt in one go. When doing this, it’s best to provide a budget sheet and a letter explaining why you can’t pay the debt off in full to the bailiffs and your creditor. Once a payment plan is agreed, it should be signed by you and the bailiffs.
However, bailiffs can refuse a payment plan. In this case, it’s a good idea to go to your creditor directly to see if they will accept your offer. If they don’t, it’s important that you continue paying off what you can afford.
If your creditor refuses your plan and you have a county court or high court debt, you can go to the court to ask them to decide what you can afford to pay. You can apply to the courts via the government website by filling in form N245 a county court debt and form N244 for a high court debt.
At the moment, there is no independent regulatory body for bailiffs in the UK. However, bailiffs are expected to follow the national standards on enforcement. This sets out the minimum standards for public and private bailiffs, their employers and the creditors who hire them. However, these standards are not legally binding.
In recent years, there have been calls for independent regulation of bailiffs by various charities and debt advice organisations. In November 2022, the Enforcement Conduct Board was set up as an independent oversight body for debt enforcement in England and Wales. This body has been creating an oversight model and developing standards with the aim of being fully operational by January 2025.
If you think a bailiff has broken the rules, you can make a complaint.
Here at MoneyPlus, we can help you to settle your debts through an IVA, DMP or another debt solution. For further debt and bailiff help, contact us today.
For more information about how you can manage your debt and for free debt advice, visit www.moneyhelper.org.uk.
