Bailiffs – know your rights
When dealing with bailiffs, know your rights. People run up debts for all sorts of reasons. Try to be honest with your creditors because if you try to reach a compomise, they are far more likely to be reasonable and help you. If you fail to try and settle up or to arrange some sort of payment, a court can order your possessions to be seized and sold to pay back the creditors. This seizure will be carried out by bailiffs.
There are two types of bailiffs, and it will depend on the sort of debt owed. The first is consumer debt – this is debt that has been run up on cards or loans. The non-payment will have been handled by the County Court. After a ruling has been made against you, a County Court bailiff will be authorised you collect the money owed from you. They are pemitted to turn up at any time of the day and they tend to be very persistent. The second type is council debt and it will most likely be for council tax non-payment. Private bailiffs can collect the money due after a ruling by the Magistrate’s Court. They can only turn up during office hours. In both cases, a personal summons may be issued if they cannot contact you.
Can they break my door down?
A bailiff is not permitted to force entry into a domestic property, except inspecial circumstances such as cases involving the Inland revenue or Customs & Excise. However, if you have left a window or a door open, they can enter through the open window/door. If you have a business, the bailiff can force entry.
If a you do open the door to a bailiff and you do not want them to take any of your possessions, you must sign a repayment agreement. This states how you intend to pay the money back and when. If you fail to make the payments, the bailiff has every right to return to your property and force entry.
What items can a bailiff take?
Bailiffs can take any goods in the house that is either owned, or joint-owned by you. They are not allowed to take any of the fixtures and fittings, or anything which is currently rented. They are also not permitted to take basic everyday needed items such as bed-sheets and clothes. Anything else, such as TVs, laptops or furniture, is fair game. They may also take a lot more than you think – prices at the auctions where they sell the goods are likely to be lower than market value meaning they must take more to ensure the full debt amount is covered.
But I don’t have any debt!
If you feel that you honestly don’t owe anything and a mistake has happened, you can appeal. Contact the issuing court as soon as you can and explain your case. It helps if you keep correspondence between you and the creditors at every step of the way before the bailiffs were issued.
What about exceptional circumstances?
Again, you can appeal if something terrible such as a bereavement, clinical depression or unemployment has happpened to you in the past few months. Try not to stick your head in the sand – it is better to try and explain and resolve the issues before it gets to the courts. You will also need proof of any exceptional circumstances such as a doctor’s certificate or death certificate.
Do bailiffs charge?
Bailiffs are entitled to charge you up to £50 per visit as well as a fee for their time, trouble and any storage costs incurred. Bailiff fees are not regulated and are merely expected to be “reasonable”. Bailiff fees are often due within 28 days. Non-payment of the fees could result in a personal summons from the court. If you are being harrassed by a bailiff, seek independent advice as soon as you can.
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mrs w clarke | Feb 20, 2007 | Reply
hi.i am being threatened by bailiffs due to a late council tax payment! i was issued with a summons in october last year, but i contacted my local council and tried to rectify the problem, they wher however verry unhelpfull or sympathetic to my problem, even though i had explained to them that i had recently lost my son in a fatal accident,and that i had been in hospital suffering a breakdown. i did continue to make my monthly payments to them wich they accepted, and i thought that the bailiff issues had been sorted, only to receive another letter 19/02/07 saying i owed £299.50 i called the bailiff but got no reply, i received another letter the following day stating the same! i did contact the bailiff and explained that the council tax had been paid, but he said i owed him money and that he had put a levy on my car, i then contacted my councelor who called the local council re my council tax, only to be told that all i had tro do to stop the bailiff was to go to the one stop shop and explain to them that i had paid my council tax, the verry first thing i had asked them to do in the first place?… but now that it has gon on so long the bailiffs have put charges on and are now persuing me for them! please can you help
mrs w clarke | Feb 20, 2007 | Reply
hi.i am being threatened by bailiffs due to a late council tax payment! i was issued with a summons in october last year, but i contacted my local council and tried to rectify the problem, they wher however verry unhelpfull or sympathetic to my problem, even though i had explained to them that i had recently lost my son in a fatal accident,and that i had been in hospital suffering a breakdown. i did continue to make my monthly payments to them wich they accepted, and i thought that the bailiff issues had been sorted, only to receive another letter 19/02/07 saying i owed £299.50 i called the bailiff but got no reply, i received another letter the following day stating the same! i did contact the bailiff and explained that the council tax had been paid, but he said i owed him money and that he had put a levy on my car, i then contacted my councelor who called the local council re my council tax, only to be told that all i had tro do to stop the bailiff was to go to the one stop shop and explain to them that i had paid my council tax, the verry first thing i had asked them to do in the first place?… but now that it has gon on so long the bailiffs have put charges on and are now persuing me for them! please can you help, ps my initial late payment was for £98
Donald | Feb 21, 2007 | Reply
I’m sorry to hear about your predicament. Having bailiffs around is horrible in the best of circumstances. Have you tried contacting your local CAB (citizen’s advice bureau)? They should be able to advise you on the best course of action.
Jean Sockett | Feb 22, 2007 | Reply
MY SON HAS BALIFFS ON HIS DOORSTEP TODAY FOR A RAIL FARE NOT PAID WHICH WAS NOT HIM IT HAS HIS DOB BUT THE DESCRIPTION OF THE PERSON IS VERY DIFFERENT
THEY ARE COMING BACK AT 4PM THEY SAY HE HAS WARNINGS BEFORE BUT HE HAS NONE.
hi wife is pregnant and very stressed
he has to pay £492 by 4pm
It is Drake 0870 787 9555
Jean Sockett | Feb 22, 2007 | Reply
please email asap
Travis marshal | Mar 1, 2007 | Reply
To day I got a letter to day addressed to a person call Mr J. Round. so i contacted DRAKES and told them that i had no knolage of this person they said that Mr round had called them and told them that he lived at my address, they told me that i had to sened them private paper work to show them that i was who iam, I have refussed stating that they have no right to demarned such infomation as it is private,they stated that they would send the baliffes,they are just not intrested,if they were doing there job properley they could see by the voters reg that the person they are seeking has never lived at this address
Travis marshal | Mar 1, 2007 | Reply
I hope you are well ,i cant seem to find anyone who can give advice on how to hald the baliffis even when they are in the wrone all they are is plastic police men
richard | Mar 7, 2007 | Reply
perhaps you should try to look at the problem from the bailiffs (and courst ) point of view?
this person has an outstanding fine , the courts have tried to get payment without success and so have had to instruct bailifss- are you suggesting that courts should just “give up”
the debtor may well be deliberatey avoiding payment by giving a false address or stating that he lives at your address
most reasonable people would have no problem proving who they were to avoid the problem recurring
you dont seriously expect the bailif or court simply to “take your word” over the phone (could be the debtor him/herself putting on an act!!)
get real! if the courts do NOT use the final resort of bailiffs then the whole judicial system fails once people realise that they will never have to pay their debts/fines.
your reference to “plastic policemen” really refers to the tenacity required by these people NOT to simply accept what they are told at face value and to ask for proof!!
I am sure that if someone phoned your bank and told them they had your permission to take money from your account you’d be a bit miffed if the bank took them at their word for fear of offending them and gave them your money!!
do you know that tens of thousands of people deliberatly avoid paying their fines and debts each week which is why bailiffs are used in the first place
ALL you have to do when the bailiff arrives is hsow him proof that you nare the owner/tennatr by means of a rent agreement/utility bill etc rather than just verbally over the phone and they will leave you alone.
Ema. | Mar 8, 2007 | Reply
whatever you do, don’t let them in. Don’t even answer the door. Go to a window upstairs and tell them to go away. They have no right to force entry but if you leave a door open they can walk in as long as it is peaceful (this is british law!!!!!) If you do let them in they can come back anytime a LEGALLY break in to your home! Get in touch with the person you owe the money to and sort it with them. Leave the bailiffs out in the cold. They are legalised criminals!
Ema. | Mar 8, 2007 | Reply
Richard……so you justify bailiffs costs and the work they do?
sometimes life isn’t as easy for everyone. Occasionally people do have problems that lead them into debt.
A bailiff came to my home and walked in. I did not invite him. I didn’t even know I owed the money. A mistake by the local council about the amount left me owing. I paid the amount in full the day the bailiff walked into my home. Had he been a decent man he would have explained that if he stayed on the door step it would have only cost me £22 but because he waLKED INTO MY HOME IT COST ME £200 BAILIFF CHARGES.
Do you condone this. They simply want to rip vulnerable people off.
caroline East | Mar 24, 2007 | Reply
Just more of RIP off Britain!
The poor are blocked every which way to their access to the courts.
Advice: Ring your local county court officer take their name and details, ask them to send you a special form of which you need to fill in with as much detail concerning your poverty be it unemployment, sickness, etc; pay £25 make sure you relate to the unpaid tax, or debt or parking fine; record delivery ( keeping slip) for proof.
Note the form that you ask for is of the N group of court forms for all circumstances to stop this Draconian methos of administering law in the UK. Take my advice judges are human, Baliffs work on commissions and are usually part of ‘The System.
Hopefully when I qualify as a very old barrister this will be an area that I will try to change, mainly because I have been there, got the badge and it is such s..t, more stress on those who least deserve it.
Signed Compassionate.’
john Phillips | Feb 5, 2008 | Reply
Let’s face it …
Bailiffs are a certain breed ! To do the job one has to be Ruthless in mind and soul. NOT the sort of person one would want as a friend.
Most, if not all of them are meely mouthed jumped up little shits. FACT ! I Know !
Hayely | Jun 17, 2008 | Reply
I have a baliff at the day and i tryed to explain tat i couldnt pay in full so this went on for a few days and then he said he would help me out by letting me pay half of the debt but i cant afford to do that. All i want to do is pay in installments but he said that its gone past that stage and he wont accept that. But he will accept installments if i pay half the debt. Im so scared i just feel like crying and i hate being in my own home and just feel sick all the time. HELP ME!!!! Will i just pay the installments and just not answer the door then it will get paid i never said i dont want to pay i just need to pay the way i can.
Intel UK | Jun 24, 2008 | Reply
What Richard is saying here is true yet most peole dont want to listen and in doing so create the hate bailiff and scare stories that make it so much harder for the genuine people who have financial problems.
mandy | Aug 15, 2008 | Reply
what is the county court form that i need to ask for?and what can the form do to keep baliffs off my back
Dave | Aug 21, 2008 | Reply
I had a ccj againts me for a small amount of money witch i paid a week later i had a bailiff turn up at my place of business ( the complantant had not notified them that the bill had been paid,. have i any rederess?
STEVE | Nov 13, 2008 | Reply
i have marstons baliffs attending my address for my ex girlfriend threatining to take my goods,Their phoning me at 7.30 at night harrasing me what can i do to stop them,the debt aint in my name.
andy | Nov 29, 2008 | Reply
My 19 year old son who lives with me owes money and now have a letter saying bailiffs will be colleting money owed,i have heard that because he is logeing at my house they can take my stuff because all he has in this room is what i have lent him ie tv dvd bed
lesley | Dec 9, 2008 | Reply
i had the bailiffs turn up yesterday demanding £1000 for a council tax bill i paid last year in cash(can not find the receipt yet). They said they would take my car worth £8000 and on finance. They would give me 48 to pay in full only even though i had not heard anything from anyone. My mother sold her wedding rings and a few other items (as i had to sell my house last year and had nothing) to get this money together as he was very rude and intimidating (she has a heart condition) and my 75 year old grandmother. I had asked them to advise what time they would be coming and they did not call back but 3 very large men turned up baning on our door at 7 am this morning. I thought that they had to turn up in working hours unless it was agreed between myself and them???? Is there anyone i can go to as i felt very threatened and intimidated by them????
emma | Jan 6, 2009 | Reply
the wrong people are in prison the real criminals work 4 the baliffs
steve cleaver | Jan 6, 2009 | Reply
if the bailiffs are for council tax they have to be certyificated at a county court, ask to se the certificate, they have by law to show it you, if the bailiff in your opinion acts badley you can make a formal complaint to the court they have been cerified at, if proven the bailiff can lose his certification and his work, perhaps thehe will be visited by some one of he same ilk.
alison | Mar 18, 2009 | Reply
i was in the shop and when i came out the baliffs had bloked me in and demanded 325 pound for out standing parking fines i had offered to pay 20 a week and he said that they would not accept that i am only on incapacidy benifit and live alone i am already on anidepresses and need my car to gwt about as my knees are so bad i now have till 12 on friday to pay 200 pond and 150 the folling weeek or they will take my car please advice i feel so ill about all this as i did not get the tickets in the begining but is my car they have no feelings for any one kept me bloked in for over half and hour and i missed my hospital appointment.
michael | Apr 21, 2009 | Reply
I sympathise with anyone who gets a bailiff knocking on their doors, but lets be honest – most people who do are the sort who simply regard the courts with contempt or who are so dumb that they think by burying their head in the sand and ignoring all the letters sent by the courts will make the matter go away – it wont.
People need to contact the courts IMMEDIATELY when they get any kind of reminder letter and explain why they have defaulted in payment – as once a distress warrant is issued, they will be unable to recall the warrant (unless the defendant can prove they fall within the vulnerable group)
Ignorance is no excuse and complaining that your choice of action has resulted in the courts passing the debt to a bailiffs smacks of hypocrisy.
gary lloyd | May 18, 2009 | Reply
why go on at the balliffs they are only doing there job and before they come and knock they send letters out adv of this so if you owe pay thats how simple it is to keep them away.
Peter | Jun 10, 2009 | Reply
Not always that simple Gary. Sometimes no matter how hard you try and explain a situation, the companies don’t listen or make a mess of things and you end up with them threatening courts and all sorts of things. Plus I’ve had bailiffs come knocking at my door before for the previous tenants in my rental property – not a nice wake up call I can assure you! Although I do agree that the majority of cases people should just cough up!
caz | Oct 27, 2009 | Reply
Actually, the reason why people go on at Bailiff’s is because they are corrupt. They SAY they have sent letters but really most of the time they have NOT they are making big money out of people with false claims that they have sent letters to them.
That is why people are getting at the bailiffs.
BTW are you one??
mandy | Jan 29, 2010 | Reply
My partner is going bankrupt after a failed IVA he is awaiting for the bankruptcy procedings to start in the mean time the company he owed money to who was entered into the IVA are now threatning him with Bailiffs and sherrifs county court procedings he has rang and told the companys and told them he is going bankrupt but they are still threatning him, we are loosing our house as well this is due to a combination of my partners lack of work being self employed and illness, the majority of what we have in our home is in my name and i have receipts for items, can Bailiffs still take what i own ? if so we will both be homeless and own nothing afetr 30 yrs hard work building a future where is the justice ! please reply asap as we have 7 days before they start action thanks