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A bailiff is someone authorised by the courts to collect debts on behalf of someone owed money.
This article includes advice on how they can gain access to your premises/home and items they cannot seize. Bailiffs are also referred to as Civil Enforcement Agents.
Under the Consumer Credit Act 1974, you are only required to pay back what you can realistically afford to pay back on your unsecured debts once all your essential living expenses and personal circumstances are taken into account.
Normally the law is on the side of the debtor. However if a debt is passed to a bailiff it has done so for a reason. The debt will have gone to court for non payment and a possible judgment made and the debtor has still not made any payments towards the debt, thus the bailiff has got involved as the court will have considered the debtor to be able to afford the repayments but refuses.
If you get threats of bailiff action you must be realistic and start making repayments on your debt or face up to the fact that you will lose possessions. The advice on these pages will offer you some protection, but only an appeal against a judgment or the commencement of repayments will stop the debt being repaid by means you are not in control of.
Bailiffs & Terms of Entry
Peaceful Entry
You will or should be given 7 days notice for any bailiff action to allow you a final chance to reach settlement.
Remember: You do not have to allow a bailiff into your home or premises. Bailiffs cannot use force to gain initial entry to a property. Walking in through an unlocked door or climbing in through a window without causing damage in classed as peaceful means.
Forced Entry
A bailiff is not allowed to force their way past you at your door for unsecured debts. However once inside the bailiff has the power to break or gain forceful entry to any internal locked doors or cupboards.
If a bailiff gains peaceful entry to your property the bailiff can then gain forceful entry on subsequent visits for the same debt.
Denied Entry
By refusing the bailiff entry indefinitely, the warrant relating to the debt will return back to the courts. The court will then take other means to settle the debt, such as an attachment of earnings order or stopping the money directly from your benefits.
Items Baiiff Cannot Remove
- Items or tools used in self employment/business by the debtor.
- This can include vehicles and computing equipment.
- Household equipment and provisions necessary for the basic domestic needs of the debtor and their family.
- This includes clothing, bedding and furniture. Bailiffs can take video recorders, DVD players, second TV's, jewelry, washing machines, Hi-Fi and microwave ovens.
- Items Rented or on Hire Purchase (as technically these don't belong to the debtor).
- Joint Ownership -The bailiff can take goods which are jointly owned by the debtor and another person or persons, but if they are sold they must pay the other parties their share of the money. If proven, it is not likely the bailiff will remove jointly owned goods. The onus is upon you to prove joint or non-ownership.
Walking Possession Agreement
The bailiff can remove goods immediately, and will usually do so in the case of vehicles. More commonly, they will leave the item on the premises, asking you sign a walking possession agreement. This lists items marked suitable for removal. To list items, the bailiff must have access. They can't list items viewed though a window.
The bailiff is now in control of the listed goods but is leaving them on the premises allowing for continued usage. You will have a short period of time to come to an agreement to pay the arrears, typically 5 days, before the bailiff can return to remove the goods to sell at public auction.
Hiding Possessions
You can remove or hide possessions before the bailiff arrives, however once inside your home/premises, they are entitled to search for them, using force if necessary. The bailiff can not take items from someone else's premises/home. Removing, hiding or selling items subject to a Walking Possession Agreement is an offense.
Making offers to Bailiffs
It is advisable to offer whatever payment you can afford to the Bailiff. However, do not let them into your premise/home to do so. Close your door and ask them to wait outside or in their car. Make sure you get a receipt for any money paid.
Seizing goods of greater value than the debt
Goods are seized with the intention to be sold at public auction. Typically this will attract a sale price of about 10% of their 'as new' value. Therefore, the bailiff will try to seize goods of round 10 times the 'as new' value of the outstanding debt.
You would be better off selling the items yourself before the bailiff arrives and using the proceeds towards the debt. This way you'll have more choice as to what you keep and what you lose and are likely to be able to achieve a fairer better price.
Complaints
There are ways to make a complaint if you feel the bailiff acted unlawfully. Initially you should direct the complaint to the bailiff's firm. If this does not resolve the complaint you can take the complaint to the creditor as the bailiff is acting on behalf of the creditor. Check to see if the creditor has a formal complaints procedure and any codes of practice.
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 this is a route you want to pursue it may be advisable to contact your local free advice centre for assistance. 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.
How We Can Help
If you are concerned about bailiffs then please tell us about your circumstances. If you are genuinely unable to repay your debts at the rate you are being asked, then we may be able to help you.
Contact us today and we'll deal with your creditors, their debt collection agents and bailiffs for you. We'll arrange for reduced payment levels - affordable to you, and acceptable to your creditors.
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