Bailiffs

Bailiffs

Being threatened with bailiff action can be extremely stressful. We can reassure you about your rights and provide free, immediate advice about how bailiffs operate. In many cases we can get offers of repayment in place either with the original creditor and get the bailiff action suspended or if the action has reached a point where the bailiff is at the door, we can advise you of your rights and what options are available.

Bailiffs & their procedures

The idea that a bailiff has become involved in the collection of a debt can be extremely worrying as it conjures up images of men forcing their way into your home and removing all of your possessions. This is not the case.

For any debt to have bailiffs involved means that all attempts of communication by the original creditor and Debt Collection Company has failed and that County Court Action has taken place. Just because the bailiffs are involved at this point does not mean that the situation cannot be brought under control. The Bailiffs are just looking for a way to settle the debt.

You must contact us as soon as possible as County Court Action and Bailiff involvement can increase the balance of the debt by incurring extra charges.

Which creditors will involve Bailiffs

Common debts that bailiffs are called in to collect are:

• Council Tax Arrears.
• Rent Arrears.
• Road Traffic Penalties.
• Income Tax.
• Custom & Excise.
• Unsecured loans.
• Hire purchase.
• Child Support Maintenance.

What is a walking possession agreement?

A “Walking Possession Agreement” is something that the bailiffs will ask you to sign when attending your premises. This gives them the right to walk around your premises and make a list of your property, which after removal and sale at auction will settle the balance on the outstanding debt.

If you do not reach an agreement with the bailiff on an acceptable monthly payment or settle the debt in full, the “Walking Possession Agreement” gives the bailiffs the right to return and remove the items on the list for auction.

Suspending a bailiff’s action

If the bailiff involvement has come about after County Court Action an application can be made to the Court to suspend it. This can be done by using an N245 which can be found on our downloads page here  or if you contact us on 0800 027 9595 we will be able to do this for you. If the bailiff’s involvement came about due to action taken in the County Court, you will need to apply for a Stay of Execution.

Types of Bailiff

• County Court bailiffs are directly employed by the County Court and must follow guidelines laid down by the Lord Chancellor’s Department.
• Sheriff’s Officers are contracted by the High Court and work in geographical county areas. They work out of the local Sheriff’s Office under the control of an Under- Sheriff who is usually responsible for that area. If a creditor has a CCJ of more than £600 they can transfer the judgement up to the High Court for enforcement.
• Private bailiffs are self-employed, employed by a private firm, or employed as bailiffs by another organisation (e.g. Local Authority, Inland Revenue).
• Certificated bailiffs are granted a certificate following an application to a County Court. Certification is only necessary to empower a bailiff to levy distress for rent arrears and council tax arrears and to enforce road traffic debts, although some local authorities will insist on this for all bailiff work.

Questions and Answers

Q. What is a bailiff?

A. A bailiff is someone who works on behalf of the courts to collect debt. There are several types of bailiffs who act differently according to the type of debt being collected. Bailiffs will quite often use tactics to gain access to your property like using the toilet, needing a table to lay paperwork out on, using the telephone etc. If you let a bailiff in when legally you don’t have to, they will have a right to use their powers of enforcement. Always ask to see their identification.

Q. Do they have power of entry?

A. No. Do not let a Bailiff in unless they show you proof that they have the right to do so. A bailiff cannot use force to gain entry into a domestic property on their first visit: they can only use “peaceable means”. They are not allowed to force their way past you if you are talking to them at your front door, but they can enter the premises through an unlocked door or window.

Q. What do I do if the bailiff is at my door?

A. The bailiff can call at your house at any reasonable time to seize goods, but you do not have to let them in. The bailiff cannot enter your property by force, but they can legally enter your property through open windows or unlocked doors. Once the bailiff has been inside your house by entering peacefully, they can call again another day and enter your house without your permission, forcefully, to remove goods.

Q. What goods can they take from my property?

A. A bailiff acting on a County Court Judgment cannot seize clothing, bedding, furniture, household equipment or other goods necessary to meet basic domestic needs. Generally, no bailiff can seize tools, books, vehicles or other equipment necessary for personal use in employment or business.  No bailiff can seize goods belonging to anyone other than the person named on the distress warrant. A bailiff cannot seize goods subject to a hire purchase or rental agreement (goods on credit sale can be seized because they belong to the person who purchased them).

Q. Can I hide possessions from the Bailiff

A. This is not against the law. The bailiffs can only make a list or remove items that they have access to unless the debt is for rent arrears. Removing items from the property may seem to be the right thing to do at the time, but the bailiffs can return to check again in the future.