Bailiff Law

Being threatened with bailiff action can be distressing. Payplan can reassure you about your rights and provide free, immediate and objective advice about how bailiffs operate.

Call Payplan free on 0800 716 239 or use our online Debt Calculator for a quick and easy way to get free, impartial and confidential advice about bailiffs from experienced professionals.

monthly

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 Payplan 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 Judgement or CCJ): they can also be used to repossess your home or to enforce certain arrest warrants.

In this section, we’re focusing on the role of a bailiff who seizes goods for Council Tax arrears, 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 they 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.

Remember! YOU DO NOT HAVE TO LET A BAILIFF INTO YOUR HOME

For further advice about a bailiff’s power of entry, visit Bailiff Advice Online, an independent advice service specifically dealing with and providing advice for Bailiff related issues.

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.

...and what can’t the 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:

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 Payplan for specific advice about how best to move forward if you’re unsure about your rights.

For further advice about walking possession agreements, visit Bailiff Advice Online, an independent advice service specifically dealing with and providing advice for Bailiff related issues.

Suspending a bailiff’s action

If the bailiff is acting for 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 Payplan adviser for further information on 0800 716 239.

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 bailiffs

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 organisations

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. For more information, see Debt Collection Harassment.

Call Payplan free on 0800 716 239 or use our Debt Calculator to submit your debt problem online for free advice about how to deal with bailiffs and any underlying debt issues you may have. We’re here to help.

Click here to Contact us