Your legal rights: Dealing with Bailiffs & Debt Collectors

If you are a UK citizen in serious debt, you may find yourself having to deal with bailiffs. First off, you should be aware of the difference between bailiffs and debt collectors – as they are two completely separate legal entities.

What's the different between Debt Collectors & Baliffs.

Debt collectors are not allowed to do anything other than ask you to pay off a debt. They have no legal authority whatsoever. Therefore, if a debt collector is threatening you, you have every right to contact the police. If a debt collector is pretending to be in legal authority – sometimes they may pose as a court appointed bailiff – then you should contact your local trading standards department immediately.

The only time a bailiff will become involved with your case is if you are unable to come to an agreement on repaying your creditors after you have already been to court. Bailiffs will then typically threaten to take your possessions away in order to get you to pay back what you owe. They may also take or sell your belongings as a means of repaying your debt for you.

What can I do about bailiffs calling at my home?

Bailiffs have the legal right to visit you at reasonable times during the day to seize belongings. You do not, however, have to grant a bailiff access to your property. Bailiffs are not allowed to use force or cause damage when attempting to enter your property. They are, however, allowed to enter through any unlocked doors or open windows – so keep that in mind.

One thing you should keep in mind is that if a bailiff has already been inside your home once, they are allowed to enter it again without your permission – with the use of force, if need be. But that is only in connection with the same debt as before.

When they are in the process of seizing goods, a bailiff must leave the premises safe. Once they are in your home, the bailiff has the right to enter any of your rooms. They are also entitled to force their way in to other parts of your property, if they feel it necessary to do so.

What is a bailiff allowed to take ?

There are only certain items a bailiff is allowed to take. As a bailiff is not a debt recovery agent, they are not allowed to ask you for money. Anything that has resale value, however, is fair game for bailiffs. At the same time, the bailiff cannot seize any time that belongs to an individual who is not named on the distress warrant. Jointly owned items, however, may be removed.

Bailiffs are not allowed to remove anything that is needed for basic domestic living, such as bedding, lighting, furniture, and clothing. The bailiff is also not allowed to remove anything that you need for your job. Anything that you have rented or acquired for hire purchase is protected from seizure by the bailiff.

Walking Possession Agreements.

While a bailiff is entitled to remove items immediately, what usually happens first is that the bailiff and the debtor will make a walking possession agreement. Such an agreement stipulates that certain items now belong to the bailiff and can be removed at any moment. The bailiff will typically allow the items to remain in the home, on the condition that the debtor begins making payments by an allotted time.

What Happens to Seized Items ?

In the event that a bailiff seizes an item, it will typically be sold at auction. The bailiff is under legal obligation to get a fair price of the item. Owing to the fact that the goods are used, their expected resale price will only be a fraction of their price as a new item. This is why the bailiff often has to seize items that appear to outweigh the size of your debt.

Types of bailiff

• County Court bailiffs. These are employees of the County Court, and enforce County Court Judgements. These are normally for consumer credit debts such as unsecured credit.
• Private bailiff. Private firms used by the Magistrates Court to collect fines, and by local Councils (once they have obtained a Liability Order from the Magistrates Court) to collect Council Tax and Community Charge.
• Certificated bailiffs are granted a certificate following an application to a County Court. Certificated Bailiffs can only collect unpaid Commercial Rents, unpaid Parking Fines, unpaid council tax, unpaid V.A.T and Income Tax and unpaid National Non-Domestic Rates.
• Sheriff's Officers are use by the High Court to work in geographical county areas. Debtors with CCJs of more than £600 they can transfer the judgement up to the High Court for enforcement.

Bailiffs and the Human Rights Act

 

Bailiffs are used less frequently, thanks to the Human Rights Act of 2000. This is because the Act stipulates that UK citizens have a right to “peaceful enjoyment of possessions and respect for your privacy, family life and home.” What this means is that nowadays, courts and public authorities will only use bailiffs as a last resort. The authorities will typically search for a less intrusive, stressful way of getting you to pay the amount of money that is owed. Such alternatives might include benefit deductions, voluntary payment arrangements, and attachment of earnings.