Having a bailiff knocking on your door is something that most of us dread. However an IVA (Individual Voluntary Arrangement) or another debt solution could save you all the stress and embarrassment. To look at how an Individual Voluntary Arrangement (IVA) may be able to help you click on IVA
What are Bailiffs?
These are people employed to take your goods away and to sell them to raise money to pay creditors back. They will either be
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Acting for the County Court for enforcing County Court Judgments, e.g. for consumer credit debts such as unsecured bank loans. OR
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Private Bailiffs - used by the Magistrates Court to collect fines, and collect Council Tax.
Creditors may use a debt collection agency to ask you to pay off the debt.
Debt collectors aren't court officials and don't have the same powers as bailiffs. They can't enter your home or seize your possessions.
Will I receive notice of a visit?
Yes- You will normally receive notice that a bailiff will be calling at your home to take away possessions. Therefore you still have time to negotiate with your creditors so that you can avoid anyone entering your home, or to contact us about alternative debt solutions.
What they can’t do?
They cannot collect a debt unless they are legally authorised to collect the debt on behalf of the creditor. This means that the warrant of execution has been legally authorised by a magistrates court.
Unless they are bailiffs from the Collector of Taxes (Inland Revenue) with a warrant to force entry, (or they have already gained peaceful entry on a previous occasion), a bailiff cannot force their way into your house. They can however, legally enter your property through open windows or unlocked doors, so make sure all your doors and windows are locked or closed!
What do I do if a bailiff calls?
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First DO NOT invite the bailiff/person across your doorstep. If you do they are deemed to have gained peaceful entry. They are well practiced in numerous tactics to achieve this. For example they may ask if they can discuss things inside your home or they may try and march in as soon as you answer the door. As with any stranger, always answer the door with the chain on.
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All bailiffs should carry identification. Always ask for it and for a copy of the warrant they are collecting. Some creditors will send people around to your house who are not bailiffs to try and secure payment from you.
Once the bailiff has been inside your house by entering peacefully, they can call again at a later date and legally enter your house even without your permission to remove your goods, so do not let them peacefully cross your doorstep.
What happens if a bailiff does not gain entry to your home?
The bailiff will usually keep visiting your home and if they are unable to gain entry the warrant for the debt will be eventually be returned to the Court. Please note however they will make a charge for each visit which will be added to the debt so it is in your interest to seek professional help as soon as possible as to how you can resolve your debt problems.
For help on solving your debt problems complete our enquiry form to the right or call us free on 0800 970 4882.
They will advise the Court that they have been unable to gain entry or that you have insufficient goods to pay your debts and the bailiffs costs in full.
What are the Bailiffs powers?
When in your house the bailiff has the power to access all rooms and can force their way into other parts of the property and can break open locked doors or cupboards.
Bailiffs will only be interested in recovering assets to pay off their employer’s particular debt. If you have even more debts and are struggling to meet the repayments, it may be better for you to contact us now about an IVA, debt consolidation or a Debt Management Plan. However, it is important to remember that goods will generally fetch only 10% of their true value at auction which means a bailiff will try to seize goods to the value of ten times what you owe.
They can ask you what is fully yours and what still belongs to other people (apart from your partner) such as items on hire purchase as they shouldn’t take these (unless of course the item belong to the creditor they are recovering the debt for). If you do not respond they can treat everything as yours and therefore eligible to be taken and to be sold at auction.
The bailiff has the power to take goods away immediately, but they may agree a "walking possession agreement" with you. This means that you can continue to use the goods for a short period why you try to sort things out. Such agreements are not permanent and will only give you a few days (normally 5) to try and re-negotiate with the court or apply for an IVA. If a bailiff has gained entry and you do not want the goods to be removed immediately, you must sign this agreement but only if they have gained peaceful entry.
Do not sign anything if a bailiff simply posts the possession order through your letterbox after making a list of possessions from looking through your window.
Negotiating with Bailiffs
You may negotiate with bailiffs to pay some or all of the debt there and then, so they leave without taking anything. If they accept any payment from you, you'll need to make sure you get a receipt. Bailiffs may be willing to take part in a reasonable negotiation (subject to legal and contractual constraints) - only make an agreement if you can afford to stick to it.
The type of payment arrangement which may be agreed in part depends upon the type of debt
County Court Judgments
You can apply on form N245 to suspend the warrant to seize goods and to make an offer of payment that you can afford. The form will ask details about your income, expenditure, debts, and ask you for an offer of payment. The bailiff will not take any further action once the debtor has applied on the form N245 and sent it to the court. There is a fee of £35.00 for this but you can apply on form EX160 for exemption from the fee if you are on Income Support, Income Based Job Seekers Allowance, or Pension Credit. Others on a low income may get remission if their income is low enough.
Council Tax
The bailiff will normally want the debt cleared within 13 weeks. The bailiff may accept £5.00 per week off all outstanding accounts if there are special circumstances. Contact your local authority for further advice
Magistrates Court Fines
The bailiff will normally want the debt cleared within 28 days or you apply for an IVA . There is no provision for longer repayment arrangements
What shouldn’t they take?
Bailiffs do not have the power to seize:
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Tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;
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Clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family (including fridge, cookers, freezers, but may not include video recorders, second TV's, jewellery, washing machines, stereos or microwaves). They can however take possessions outside your home (for example, your car or garden equipment), or in unlocked sheds and garages.
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Goods which belong to another person.
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Fixtures and fittings
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Goods on hire – purchase or which are rented. (Goods on credit sale can be seized because they belong to the person).
At what hours are they allowed to visit?
Only bailiffs collecting rent are obliged to call between sunrise and sunset, all other bailiffs can call at any time of day or night. However most bailiffs should call at a 'reasonable' time, either during normal office hours or between 8.00 a.m. or 8 pm
What should I do if a bailiff is about to visit my home?
If you do not want to let them in, lock your doors and windows and don’t allow them across your doorstep (as you don’t have to let them in). Preventing peaceful entry to your home will mean they can’t seize your goods lawfully. However they can charge a fee everytime they visit you and these will be added to the debt you will eventually need to pay. The fees they charge are set by the Government although sometime private bailiffs ignore these and charge more.
Who pays for a bailiff’s visit?
The costs of a bailiff are added onto your debt. If you think the bailiffs costs are unreasonable you can ask a Court to review them to see if it agrees.
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Remember each visit will result in additional costs being added to your debt each time. So a small debt such as a parking ticket could end up costing you hundreds of pounds to pay off.
