Dealing with Bailiffs

A bailiff is an enforcement agent who collects unpaid debts for a creditor. If you fall behind on your payments, they may visit your home to take your belongings. These items are then sold to repay the money you owe. We know this can feel scary, but you have rights and we’re here to help you understand them.

When will a bailiff visit my home?

A bailiff must give you seven days’ notice before their first visit. They will send you a letter called a Notice of Enforcement. You’ll be charged a £79 fee for this notice.

Bailiffs can only visit your home between 6am and 9pm. They can visit on any day of the week, including public and religious holidays.

Are there different types of bailiffs?

Yes, there’s four main types. The type of agent that visits depends on the money you owe:

• Private agents collect council tax, parking fines, and tax debts.
• County Court agents collect unpaid County Court Judgments.
• High Court agents collect larger County Court Judgments over £600 and are not regulated by the Consumer Credit Act 1974.
• Magistrates Court agents collect fines for criminal offences.

Can a bailiff force entry into my home?

In most cases, you don’t have to let a bailiff inside. They must try to enter peacefully. This means they can walk through an unlocked door or an open garage. You should always keep your doors shut when expecting a visit.

A bailiff can only force their way into your home as a very last resort, and with special permission from a court. They can only do this for specific debts, such as criminal fines or tax debts (provided they have a warrant to force entry from the Courts). They can’t force entry to collect standard debts, such as credit card, personal loan, or parking ticket debts.

What happens if I am not home?

If you aren’t home, they’ll leave a letter saying they tried to visit. If someone else is home, they can’t come inside unless that person invites them in. They also can’t enter a property if the only person there is under 16 or a vulnerable person.

What items can a bailiff take?

If a bailiff comes inside your home, they’ll make a list of things they can sell to help pay off your debt.

Items a bailiff can take include:

• Your car or vehicle
• Televisions and games consoles
• Jewellery and furniture

There are strict rules about what they can’t take. They can’t take things you need for basic living, such as:

• Cookers, fridges, and washing machines
• Your mobile phone or landline
• Things you need for your job or studies, up to a value of £1350
• Your pets
• Items that belong to someone else, provided there is a receipt to show that the other person owns it

What is a Controlled Goods Agreement?

This is a formal plan that gives you time to repay what you owe. The bailiff will list the items they intend to take. If you sign the agreement, you can keep your items at home while you make regular payments.

You aren’t allowed to sell these items once they’re listed. If you miss a payment, the bailiff can return and take the items away to sell them.

What happens if a bailiff takes my things?

If an agent removes your belongings, they’ll be kept in storage for seven days. You’ll receive a Notice of Sale that explains where and when your items will be sold. If you can raise the money to pay your debt before those seven days are over, you’ll get all your goods back.

What fees can a bailiff charge?

Agents charge fees for visiting your property. These costs are added to the money you already owe.

Standard fees include:

• £79 for the first letter
• £247 + 7.5% of the debt (if it’s over £1900) for the enforcement visit
• £116 7.5% of the debt (if it’s over £1900) for selling your items

High Court fees are much more expensive. These can include a £520 charge for a second visit and a charge of £550 + 7.5% of the debt (if it’s over £1900) for selling your items. Coming to an agreement early is the best way to avoid these extra costs.

Can I stop a bailiff from visiting?

If the agent is collecting a County Court debt, you can ask the court to stop the action. You’ll need to fill out an application to suspend a Warrant. This is also called Form N245. You can download this for free from the government website and send it to your local court with a £14 fee.

If they’re collecting a High Court debt, the bailiff will be working under what’s known as a Writ of Control, and you must apply for a Stay of Execution by completing form N244. You can contact us for advice or your local Citizens Advice for help with this.

How do I complain about a bailiff?

Most agents will treat you fairly and follow the law. If a bailiff acts poorly or breaks the rules, you have the right to make a complaint.

You should first complain directly to the bailiff firm. If that doesn’t resolve the problem, you can file a complaint with your original creditor. If the complaint is still not resolved, you can take it to the bailiffs’ professional or trade organisation. There’s also the Enforcement Conduct Board, which can assist with complaints about a specific bailiff or bailiff company.

All have the power to discipline the bailiff, including by excluding them from membership, and to award compensation.

If you choose to take your complaint to this level, we recommend seeking professional advice.

Get free debt help today

You don’t have to face bailiffs alone. Get free debt advice online or call 0800 316 1833 to speak to one of our experts. We’re here to help you find a solution that works for you.