How to Deal With Bailiffs

When owing unsecured debts you might get visits from the bailiffs.

But what rights do bailiffs have?

Can they take all your belongings or not?

You need to understand what authority bailiffs have.

If you let a bailiff into your home, they may take some of your belongings to sell. Bailiffs can take luxury items, eg a TV or games console. They can’t take: things you need, eg your clothes, cooker, fridge work tools and equipment which together are worth less than £1,350 someone else’s belongings, eg your partner’s computer. You’ll have to prove that someone else’s goods don’t belong to you. You might be arrested if you don’t pay criminal debts, eg fines or penalty notices.

We strongly advise before speaking to any bailiffs you speak to a debt advisor for free who can assist on what your solutions are.

Find Out The Best Debt Solution Bespoke To Your Financial Situation

30 Second Debt Assessment Quiz

Some debt advisors could save you a lot of money and time if you take the advice.

Why are Bailiffs Contacting Me?

Getting into debt beyond your control is sometimes unavoidable and it takes very little for the situation to escalate.

A creditor will normally have tried on a number of occasions to retrieve a debt that is owed to them, but if they have had no success then they may have no other choice but to get bailiffs involved to put an end to the situation.

If you receive bailiff correspondence regarding an outstanding debt then you’ll want to know how to stop them.

Bailiffs are acting on the behalf of their client, i.e the person, authority or company that has hired them, and their objective are to get a positive outcome for them.

Any leniency on their part will come from the creditor, not the bailiff themselves.

The key to stopping them is dialogue; contact the bailiff as soon as possible.

They may be able to arrange a settlement with their client that will put a stop to their involvement being required.

Do Not Pay Bailiffs Until You Get Advice

Check out this video which explains the 8 things bailiffs in the UK are not allowed to do.

How do I stop bailiffs?

Here are some ways to stop bailiffs in different scenarios.

Stopping Bailiffs at your Door

The general public is usually afraid of bailiffs because they are unsure about how much power they really have and don’t know what to do when confronted by one on their property.

These are the facts you need to know about stopping bailiffs at your door;

  • They don’t have the same authority as the Police – they can only force entry with a warrant.
  • They can’t turn up unannounced – they must give you notice of their impending arrival, usually seven days.
  • They must have ID – if they don’t have their ID you can refuse to deal with them.
  • They CANNOT force entry – they can only enter through a door with your expressed permission or with the right court order. You DON’T have to open the door to them.
  • Don’t open the door – if you do this can be seen as an invitation to come in and they can take valuables to cover the debt. Do all your negotiations through a locked door or window.
  • Pay them – the only time you should open your door to them is if you are paying off the debt on the spot. Make sure you get a receipt if you are doing this!
  • They have working hours – they can’t come to your home between the hours of 2100 and 0600.
  • Empty your driveway – they are allowed to take items from outside the home such as vehicles and bikes.

How to stop Bailiffs entering your Home

Here are a few pieces of advice in knowing how to stop bailiffs from entering your home;

  • Pay them! – The longer a bailiff is involved in the situation then the more expensive it is going to get. If a bailiff is involved then there will be additional fees to pay on top if the debt you already owe, so think carefully about dragging it out for longer than it has to go on.
  • Bargain with them – if you can’t afford to pay what you owe outright, ask the bailiffs if you can enter into a payment scheme with them instead. Two points about this one 1) Don’t overstretch yourself and agree to payments that you know you can’t keep, and 2) The bailiff doesn’t have to accept your offer.
  • Security – Keep all your windows and doors locked. If they can gain access to your home via ‘peaceable means’ they are entitled to do this. If they gain entry then they can start to remove your possessions if you are unable to pay.

What Can Bailiffs Take?

When it comes to bailiffs there is a lot of uncertainty about a number of things.

Legally speaking, everything is very plain and clear, but the general public does seem to be in the dark about a lot of the issues surrounding bailiffs. For example, what can bailiffs take?

Bailiffs have a very strong code of conduct that they must abide by, and one of the most heavily enforced codes is what they can and cannot take. For a start, they cannot enter your property without your permission or a warrant from the court. There are also specific times that they can enter and there are rules relating to who should be on the property and the exceptions to this rule. There are even rules as to how they can enter a property. If any of these laws or codes are broken then they could be in serious trouble.

Bailiffs can take the following items;

  • Televisions
  • Games consoles
  • Stereo equipment
  • Bikes
  • Vehicles
  • Computers and laptops
  • Other luxury items that are deemed ‘non-essential’

Bailiffs cannot take these items;

  • Essential items for the home such as beds, fridge, freezer, cooker, clothes
  • Work tools providing they do not amount to more than £1,350
  • Vehicles used for work such as a van
  • Somebody else’s belongings, including your children’s possessions
  • Anything on hire purchase
  • Medical equipment
  • Mobility scooters

What Can Bailiffs Take for Council Tax?

Bailiffs are used in a variety of different situations for a number of different clients. Local councils use them frequently to recoup council tax that has not been paid. Again, the uncertainty surrounding the rules and regulations has led people to ask if bailiffs can take different items to pay off a council tax debt than another form of debt. So, what can bailiffs take for council tax?

Very simply, a council tax debt is no different to any other debt in the sense that its retrieval is enforced under the same rules. Whether you owe council tax or a magistrates court fine, the process is just the same.

Bailiffs can take luxury items such as electronic equipment and vehicles to pay for your council tax but they are not allowed to remove anything that is essential to the household. This could be anything from a car needed to transport a disabled person, to clothes. Incidentally, it’s worth noting that a debt collector and a bailiff are very different from each other. Only the bailiff has the power to enter your home. A debt collector can be as nasty as they like but they cannot enter your property by law, so make sure you know the difference if one should come calling.

Can a Bailiff Take my Partner’s Car?

Yet another question revolves around the issue of ownership. A frequently asked question is, Can a bailiff take my partner’s car?

In a word, no. Under the rules of what bailiffs can take it clearly states that the property being repossessed must be owned by the person who is named on the warrant.

Your partner may live with you but if they are not named on the warrant then the bailiff cannot remove it.

Can Bailiffs Take Pets?

Can bailiffs take pets? This may sound like a bizarre question, but actually it perfectly illustrates just how much confusion there is surrounding what people understand about what bailiffs can and can’t take.

Thankfully, the answer to this question is also no. Your pet is perfectly safe from a bailiff.

Can Bailiffs Take Sofas?

A trickier question to answer is Can bailiffs take sofas?

If the sofa is on hire purchase, no they cannot.

By law they have to leave you with enough chairs for everyone in the household to sit on as this falls under the ‘required for basic domestic living needs’ category.

So, providing your sofa meets both of these requirements they cannot remove it.

What Can Bailiffs Take if I Live with Parents?

What can bailiffs take if I live with parents?

This is of great concern to people who are living at home as they feel like their parents should not be punished for their financial situation.

Fortunately, the same rules apply here that apply to ownership of goods if you had your own home.

Bailiffs are not allowed to take other people’s possessions to pay off your debts; the responsibility lands squarely on your shoulders so your parent’s possessions are safe.

Your Bailiff Rights and Guidance

Knowing how to deal with bailiffs depends a lot on knowing your bailiff rights.

Although every situation is different there are a lot of laws and rules in place to serve them all.

If you are having problems with bailiffs and are not sure where to turn to next we can help you.

We can inform you of your bailiff rights and offer guidance on how to proceed, all the while making sure that boundaries are not overstepped and the issue is resolved peacefully.

Find Out The Best Debt Solution Bespoke To Your Financial Situation

30 Second Debt Assessment Quiz

What Can Bailiffs Do?

Here are a few common questions on the rights bailiffs have:

Can Bailiffs enter your House when you are not there?

A question that is often asked in relation to repossessions is can bailiffs enter your house when you are not there? This is not a straightforward answer.

A bailiff must give you an advanced warning of their intended arrival date. If you are not there on that particular date, obviously you cannot give them access. A bailiff does not have the right to enter your property unless you invite them in or if they have the appropriate warrant from the courts. They cannot force entry unless they have a warrant and must do so with the help of a locksmith. They must not cause any more damage to the property than is necessary. They can also only enter the property between certain times and this curfew cannot be broken.

So what can we learn from this information? You are under no legal obligation to let a bailiff into your home unless they have obtained the relevant paperwork from the court. If you are not home, then you can’t let them in. If they do force entry and make an inventory of goods that they intend to take then you have to sign it first before it can be removed. Also, if you are not at the property the bailiff may include items that are not yours, which they are not allowed to take, so they will have had a wasted journey.

The short answer is yes, a bailiff can enter your house if you are not there, but they would not have a fruitful visit and they could jeopardise their jobs by doing so.

It’s important to know that a bailiff does not have the right to enter your home unless they are collecting certain debts, and even then they must have a court-appointed warrant or a writ to proceed. Bailiffs CAN enter if they are collecting;

  • Unpaid magistrates courts fines. For example, if you were given a fine for not paying your TV license and did not pay it, they can enter the property to reclaim this
  • HM Revenue and Customs debts such as unpaid Income Tax

Bailiffs at my Door for someone else

A frequently asked question is in relation to other people’s debts. If bailiffs are at my door for someone else, what do I do?

If the person does live there but they are unavailable then you can ask the bailiff to leave and you will pass on the message.

You do not have to let them into your home

If it is for a person that lived at the address previously then you can give the bailiffs forwarding address details if you know them.

You could also ask the bailiff for the details of the company that issued the demand so you can contact them and ask for your details to be removed from their system, or ask them to do it for you.

Can Bailiffs enter my Parent’s House?

In a similar vein, Can bailiffs enter my parent’s house? is another concern.

The debt is your responsibility and yours alone.

If it gets to a stage where the bailiff seeks a court order to gain entrance, they will not take your parent’s possessions but they could enter the house in order to get access to your possessions instead.

Hopefully, a more peaceful outcome can be reached before this becomes a reality.

Can Bailiffs enter your property without permission?

Perhaps the question that is asked the most often is, Can bailiffs enter your property without permission? The answer to that is both yes and no;

Yes

  • If they have entered the property on a previous occasion via ‘peaceable means’
  • If they have a court-issued warrant to gain access
  • Collecting taxes for HMRC or collecting unpaid court fines give them permission to enter without your approval
  • If they can gain entry without using force such as through an unlocked door

No

  • If there is a child under the age of 16 on their own in the house
  • If they don’t have a warrant
  • If they have no ID to prove who they are

Dealing with Bailiffs Council Tax

Council tax arrears is the number one reason for using bailiffs.

Council budgets are so tight that they simply can’t afford to let people off with not paying, even if the person themselves are struggling.

They send in bailiffs to recoup this money because it is desperately needed to pay for things such as the emergency services, maintenance and refuse collection.

Regardless of how important that money is to the local community, it does not change the rules that are in place or the authority that the bailiff has.

They can only enter your property having followed their guidelines to the letter, and only then assuming that they have the relevant legal paperwork.

They are not like the Police and can force entry whenever they like.

If they don’t follow the rules they could get ‘struck off’ and lose their ability to work as a bailiff.

Keep things simple; speak to them over the phone, communicate by letter or talk through a locked door. Keeping them at arm’s length is your right to use it to your advantage.

Dealing with a Bailiff

Dealing with a bailiff can be unpleasant and emotions can be highly charged, but they must maintain a professional attitude throughout. Unless they have special clearance by the courts to enter your property, everything can be sorted out without ever having to see them face to face.

If they do have the right to enter your property there are still a number of rules that they must obey;

  • It must be between 6am and 9pm
  • It must be between Monday and Saturday

There are also additional rules that apply in these other areas;

  • If you are seriously ill, disabled or mentally ill they cannot enter unless there is someone in the property with you
  • If there are children in the property or if you are pregnant
  • If you cannot understand English
  • If you are under 18 or over 65
  • If your current situation is stressful due to unforeseen circumstances such as bereavement

Can Bailiffs Evict Tenants?

The powers that bailiffs have are sometimes misunderstood by the general public.

Some believe them to have the same authority as the police, others believe they have no authority at all.

So when it comes down to the question of eviction, the line is understandably a little blurred. Perhaps the most common question associated with bailiffs is, Can bailiffs evict tenants?

The short answer to this is Yes, they can. However, they cannot simply turn up and throw you out.

There is a long, complicated procedure that must be followed because, irrespective of the tenants’ conduct, they have rights connected to the property.

If an eviction must take place then the property authority must be obtained from the courts and that takes time. It usually takes a few months for the relevant order to come through so there is plenty of time for the situation to sort itself out before eviction becomes necessary.

How long does it take for Bailiffs to evict Tenants?

Bailiffs are probably more commonly known for their ability to retrieve unpaid debts and carry out repossessions of personal items if the matter cannot be solved. What is less commonly known is that bailiffs can also act on behalf of landlords to evict difficult tenants.

Obviously, neither party would ideally want this to happen but it’s, unfortunately, a common occurrence. The tenant will have been given multiple warnings and opportunities to settle the debt with their landlord, directly at first and then via the bailiffs. If a solution still cannot be reached then eviction may be the only option left.

If it does come to this, how long does it take for bailiffs to evict tenants? There is a prolonged period of notice; a bailiff will not just randomly come to your door one day and throw you out. This is the official procedure;

  • Section 8 notice is served – This gives the tenant 14 days notice to pay their arrears in full.
  • Section 21 notice is served – Also known as 2 months notice. This officially ends the tenancy agreement.
  • Possession Order – This takes 6-8 weeks to be granted by a judge and then the tenant has 14 days to vacate the property once it has been served.
  • Eviction Date – between 5-10 weeks. This is when a bailiff will physically remove you from the property. Failure to comply at this stage could lead to arrest and imprisonment.

How long does it take to get a Bailiff Warrant for Eviction?

If you want to know how long does it take to get a bailiff warrant for eviction, it all depends on how stubborn the tenant wants to be. In the vast number of cases, once a section 8 or section 21 notice has been served then the tenants will vacate the property of their own accord and the need to perform an eviction is not required. This usually takes two months at the most.

If a possession order is required because the tenant has still not paid what they owe then you are looking at anywhere between a month-and-a-half to two months. If this is ignored then getting an eviction notice could take a further ten weeks. In all, the whole process could take as long as five months to complete.

Bailiff Warrant Eviction Order

A bailiff warrant eviction order will be issued if every other avenue to reclaim the money that is owed has been explored and failed.

This gives a bailiff the authority to evict a tenant and the only way the property would not be vacated at this stage is if the tenant successfully showed the courts that it would cause them excessive hardship to be evicted then and there.

Even if this is granted it would only be a temporary measure for them as the delay just gives them a further 42 days to find alternative arrangements.

Bailiff Eviction Costs

Bailiff eviction costs can vary depending upon the seriousness of the situation. There are numerous different costs that must be paid which may include;

Fee

●     Bailiffs Fee

●     Warrant Fee

●     County Court Standard Fee

●     High Court Standard Fee

●     Possession Claims Online Fee (for rent arrears claims)

 Cost

●     £110

●     £121

●     £355

●     £500

●     £325

In addition to this, there are the costs of hiring the bailiffs themselves which can amount to hundreds, if not thousands of pounds. Of course, when weighed against the potential loss of earnings from your property then it’s plain to see why bailiff evictions are frequently carried out.

The Journey of Debt

Here is the path of debt – from arrears to enforcement.

  1. Missed First Payment – Marked as in ‘arrears’
  2. Missed 3rd Payment – Formal Notice of Default
  3. Collection Agent
  4. CCJ – County Court Judgement
  5. Debt Enforcement – Attachment of Earnings
  6. Debt Enforcement – Charging Order
  7. Debt Enforcement – Statutory Demand
  8. Debt Enforcement – Warrant for Arrest
  9. Debt Enforcement – 3rd Party Debt Order
  10. Debt Enforcement – Bailiff

Path of Debt

Summary

People are often scared because they don’t know how to deal with bailiffs. Thanks to rumours, gossip and online forums there are now so many different accounts of what bailiffs can and cannot do that the line seems blurred when it comes to how much authority they actually have.

This misinformation is actually helping the bailiffs to do their job. They are able to gain entry to people’s houses when they shouldn’t purely through using fear tactics and using people’s own misinformed knowledge against them. Bailiffs have codes of conduct that they must adhere to and are bound by the same laws that you and I must obey, but they seem to thrive on pushing these boundaries.

If you need help stopping bailiffs now because the stress has become too much then get in touch with us.

Did You Know You Can Write Off Up To 85% Of Your Debts?

Do I Qualify?

The most common debt solutions which can stop bailiffs are:

We can give you advice on how to stop the bailiffs, including what they can and can’t do, suggest possible alternative financial arrangements and give much-needed moral support.

Bailiffs coming to your door is an emotionally charged event, but there is no need to let them call the shots because you don’t know what to do.

Get in contact now and together we can work out the best way of remedying your situation.

List of Debt Collection Agencies UK

Here is a list of all the debt collectors in the UK.

Debt Collectors

Before speaking and dealing with a debt recovery company we strongly advise you speak to the debt advisor and take the debt quiz.

Quick Links

Take The Debt Quiz IVA Debt Help Stop The Debt Collectors Path Of Debt

Find your best debt solution

Find your best debt solution