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| Bailiff Law |
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Remember!
YOU DO NOT HAVE TO LET A BAILIFF INTO YOUR HOME |
What exactly is a bailiff?
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. |
A debt collector is NOT a bailiff
Some collection agencies may threaten to send someone to your home if you refuse to pay them the amounts they request. As a representative of a Debt Collection Agency, they have no powers at all. You do not need to speak to them if you do not wish to. If you are in any doubt, contact Your Debts Cleared for clarification about a bailiff’s powers and free, impartial advice. |
When are bailiffs used?
Bailiffs can be instructed to seize goods for payment of debts from your home if you fail to pay your creditors when it's with the court (such as through a County Court Judgment - CCJ): they can also be used to repossess your home or to enforce certain arrest warrants. |
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| Council Tax, Child Support arrears, county or High Court debts, National Insurance, VAT and tax debts. Before any action is taken, bailiffs receive instruction by a warrant which specifies how much is owed. |
Do bailiffs have power of entry?
If you have any concerns, ask the bailiff to show an identity card. A bailiff cannot use force to gain entry into a domestic property on their first visit: they can only use “peaceable means”. Entering through an open or unlocked door, or via a window without causing any damage or disturbance, is acceptable. Forcing their way past someone at the door is not. |
What sort of items might be taken?
After the bailiff has gained peaceful entry they will make a list of all the debtor's goods/belongings that are to be seized in the event that the debt still isn't paid. The bailiff can also take goods which are jointly owned by the debtor and another person, but if they are eventually sold they must pay the other person their share of the money. |
What can a bailiff seize?
There are some general exceptions to what a Bailiff can take:
“Such clothing, bedding, furniture, household equipment or provisions as are necessary for satisfying the basic domestic needs of the debtor and his/her family” and “such tools, books, vehicles, and other items of employment as are necessary to the debtor for use personally in their employment, business and vocation”. The bailiff is not normally able to seize: |
- Items which belong to someone else
- Rented goods
- Goods subject to hire purchase or conditional sale agreements
- Fixtures and fittings
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What is a walking possession Agreement?
You will often be asked to sign a 'walking possession agreement'. A walking possession agreement means that the bailiff is now in control of the listed goods but is leaving them on the premises for you to look after and continue using.
If you sign the walking possession the bailiff can usually charge an additional fee. Signing a walking possession agreement will give you time - usually 5 days - to make arrangements for repaying the debt before the bailiff returns with the intention of removing the goods to sell at public auction. Contact Your Debts Cleared for specific advice about how best to move forward if you’re unsure about your rights. |
Suspending Bailiffs’ Action?
If the bailiff is acting in respect of a debt which has gone to either the county court or High Court, you can apply to the court to have the bailiff's action suspended.
Where the bailiff is acting on behalf of the county court you will need to fill in a special form N245 - Application to Suspend the Warrant. This form can be obtained directly from your local county court or downloaded from the Courts Service website at www.hmcourts-service.gov.uk. You will need to complete the form and make an offer of payment. Instructions for how to complete it are clearly stated on the form itself. You should then send the form (along with the relevant fee) to your local county court.
In the High Court you will need to apply for a Stay of Execution. Contact a Your Debts Cleared adviser for further information
If the bailiff is collecting other types of debt you should contact the creditor and ask that they withdraw the bailiff. Reaching an agreement to pay is a recommended course of action for anyone facing debt problems with creditors. |
Making a complaint about a Bailiff
If things go wrong, you can make a complaint about a bailiff. Perhaps the bailiff has seized the wrong goods, gained entry forcefully or illegally or failed to produce the correct documents. In these circumstances, there are various ways of making a complaint.
First of all, register your complaint and dissatisfaction with the bailiff's firm. If this does not resolve the complaint, you can take the complaint to the creditor for whom the bailiff is acting as an agent. Check to see if the creditor has a formal complaints procedure and any codes of practice.
Bailiff Organisation
If the complaint is still not resolved you can take the matter to the bailiffs’ professional or trade organisation. All have the power to discipline the bailiff including exclusion from membership and they can award compensation. If you choose to take your complaint to this level, we would recommend seeking professional advice.
You may consider taking action against the bailiff in the county court. Sometimes the issue of a Claim can prompt the bailiff into settling without the need and expense of actually having to attend court.
Call Your Debts Cleared free on 0800 692 2000 or Take our online DEBT TEST |
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