Bailiffs: What they are entitled to do and Your rights

What is a bailiff?

A bailiff is simply an individual who has been authorized by the courts to collect debts on behalf of a creditor. In the unfortunate event that you have to deal with a bailiff, this article will help advise you on what they are and are not allowed to seize. It should be noted, before we continue, that these days, bailiffs prefer to be called “Civil Informant Agents.”

You should keep in mind that the law is on your side – even if you have unsecured debts. Under the 1974 Consumer Credit Act, you are only required to pay back what you are realistically able to afford. That means, what you are able to pay back after all your essential living expenses for the month have been taken care of.

Once a bailiff becomes involved, however, then the law is on the side of the individual or company you owe money to. This is because of the fact that your non-payment has gone to court, a judgment has been made, and you still have not made the repayments that the court has judged to be affordable and reasonable for your personal situation.

While you do have rights when a bailiff comes to visit you, you should also come to terms with the fact that you are going to lose your personal possessions in the event that you are not able or unwilling to make repayments immediately.

While the following advice offers you some protection in the event of such an unfortunate scenario, you should keep in mind that only an appeal against a judgment or repayment will stop the debt from being repaid by means that are beyond your control.

Bailiffs & access to your home/premises

Peaceful Entry

You should get a warning before a bailiff arrives at your doorstep. By law, you should be offered at least seven days’ notice beforehand, during which time you can reach a settlement with your creditor.

You do not have to allow entry to a bailiff. Bailiffs are not allowed to use force to enter your home for the first time. Walking in through an unlocked door, however, or climbing in through an open window without causing any damage to the property – these are both considered to be peaceful means, so keep that in mind.

Forced Entry

For debts related to unsecured lending, forced entry by a bailiff is forbidden. Once inside your home, however, a bailiff is allowed to use force to open cupboards and internal doors. If you have previously allowed a bailiff into your home by peaceful means, the bailiff is allowed to use force in the future to gain entry to your home – but only in respects to the same debt.

Denied Entry

In the event that you refuse the bailiff entry to your home indefinitely, then the warrant will be returned to the court, at which point the court will have to find another means to settle the debt. This may include stopping the money directly from your benefits or instituting an attachment of earnings order.

Bailiffs & Removing Items.

Items bailiffs can't take

After a bailiff has attained access to your property, they may take any of your belongings except for the following:

Items that you use in your business or self-employment. This may include computing equipment and cars.
Items that you and your family need for your basic domestic needs. This includes bedding, furniture, and clothing. This does not include DVD players, washing machines, microwave ovens, video recorders, and second television sets.
Items that have been rented or are on hire purchase – such items technically do not belong to you.

Joint Ownership

The bailiff is allowed to take belongings that are jointly owned by you and another individual. In the event that those items are sold, then the second individual must receive their share of the money. If you are able to prove that an item is jointly owned, then it is highly unlikely that the bailiff will take that item. It is your responsibility to demonstrate that an item is jointly owned.

Walking Possession Agreement

The bailiff is permitted to immediately remove goods from the premises upon gaining entry to your home. In the case of vehicles, the bailiff will typically remove those items from the house immediately. In a lot of cases, however, the bailiff will instead ask you to sign a walking possession agreement which consists of a list of items that will be removed from the premises should you refuse to pay. In order to compile this list, the bailiff has to have access to your property (i.e. he cannot list things that he has seen through a window.) Once such a list has been compiled and you have signed the agreement, you will usually have around five days to make the payment before the bailiff returns to remove the items from your property, whereupon they will be sold at a public auction.

Hidding Possessions

While you are entitled to hide possessions, once a bailiff gains access to your property, he is entitled to thoroughly search the premises, even using force to gain entry to areas, if necessary. Removing, selling, or hiding items that have been listed on a walking possession agreement is against the law.

Making offers to Bailiffs

Offering to pay whatever you can to a bailiff is advisable. You do not have to let them in to your home to do this, however. Ask them to wait outside. Get a receipt for whatever money you pay them.

Seizing Goods of greater value than the debt

It is much better to sell off items yourself and to use the money to pay the bailiff, rather than to allow the bailiff to seize items and sell them at a public auction. This way you have more choice as to what you get to keep and what you ought to lose.

How We Can Help

If you are concerned about bailifs 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.

An advisor will phone you for a free consultation.

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