What do bailiffs do?

It’s crucial that people know their rights when it comes to bailiffs. So, in this guide, we’ll dive into exactly what a bailiff is, as well as their responsibilities and powers. We’ll answer all your bailiff related questions, and provide you with some handy insights into managing your debts too.

Before we dive into it, it’s important to mention that bailiffs are now officially known as enforcement officers, but many still refer to them as the former. So, for the purpose of this guide, bailiffs is the term we’ll use.

What are bailiffs?

Bailiffs are enforcement agents who are authorised, on behalf of creditors, to collect debts which are legally owed.

Different types of bailiffs are issued to retrieve different types of debts. Some are officers of the court, and some are employees of private debt collection companies. Different bailiffs have different powers, for instance High Court Enforcement Officers have powers that privately hired debt collectors lack.

Here are the main types of bailiffs:

• Certified Enforcement Officers (equally known as civil enforcement agents)

• High Court Enforcement Officers Bailiffs who enforce Magistrates’ Court fines plus warrants for arrests (these are referred to as civilian enforcement officers/ Approved Enforcement Agents)

• County Court and Family Court Bailiffs

What rights do bailiffs have?

So, exactly what do bailiffs do, and what can bailiffs take? Well, Certified Enforcement Officers (non-high court ordered enforcement officers) are the most common types of bailiffs.

They request debts generally in relation to non-payment of business rates, council tax, and parking and traffic offences. Plus, they retrieve depths associated with failures to pay things such as commercial rent or child support. Also, in some cases, they may seize goods to raise funds for the money owed.

Usually, bailiffs are permitted to visit a home only between the hours of 6am and 9pm. And upon request, they are required to show the debtor evidence of their identity.

A notice period (usually of seven days) will have been given prior to a bailiff’s arrival. This is known as an enforcement notice, which gives people the chance to pay off the debt or agree terms within seven working days.

If a bailiff has been tasked with seizing goods, they may be able to take items to sell in order to begin settling the debt.

Below are some examples of what they cannot take:

• Household equipment for basic needs such as cookers, fridges, or beds

• Items belonging to someone else, for instance, those acquired through hire purchase however, you will need to be able to prove ownership

• pets or guide dogs

• vehicles, equipment or tools that you need for work or for study - up to a total value of £1,350

• a Motability vehicle or a vehicle displaying a valid Blue Badge

Bailiffs usually seize things such as electrical goods, jewellery or furniture. And, if you fail to let a bailiff into your home, or don’t agree to pay the money owed, they could end up seizing things from outside too (such as a car).

When it comes to the repossession of goods, a bailiff has to be reasonably certain that the property is yours. It’s important to remember that they cannot take possessions belonging to somebody else, as this means that they are wilfully denying someone’s property.

As a result, you’ll usually be asked for proof that someone else’s goods do not belong to you.

When can bailiffs enter a property?

As mentioned, there must be a seven-day notice period before a bailiff can arrive at a property. Equally, a debtor does not have to allow a bailiff into their home when they knock.

Bailiffs cannot push past an individual to enter the property, but they can enter a home, without force, by usual means of entry. Entering using ‘reasonable force’ is only allowed when permission has been specifically granted by a court.

Also, when a bailiff arrives, if the only person present is vulnerable or a child under 12, they cannot enter.

What if I can’t afford to pay?

If you let a bailiff in, but can’t afford to pay what you owe, you’ll usually have to make a controlled goods agreement. This means you’ll set up a repayment plan in order to stop any goods being removed.

If you’re struggling, there are options such as paying off most of your debt or setting up an agreement with smaller manageable payments. Bailiffs are not obliged to accept these arrangements, but it may make negotiation easier, and offering to pay some of the debt shows that you’re willing to work with them.

If bailiffs come to your house for someone else, make it clear that you are not the person named on the notice of enforcement. (You’ll need to do so by providing proof of identity).

What happens if bailiffs come to evict you?

When the court issues a warrant, tenants will be sent an eviction notice with a date by which they have to leave the property.

If the tenant/tenants fail to leave by this date, a High Court enforcement officer will be sent to evict them. Tenants will be asked to leave the property with their belongings and hand any keys over.

Top tips for keeping on top of payments

If you’re struggling financially and are worried about bailiffs, it’s important to get the necessary help. You can seek financial advice from Citizens Advice, National Debtline, or alternatively contact a charity such as StepChange.

In the meantime, here are a couple of top tips for managing your debt and keeping on top of your payments:

• Create and stick to a budget: tracking your income and spending is key to managing your finances. We’ve got a guide on effective monthly budgeting tips if this is something you’re looking for help with. Budgeting is also key for ensuring you have an emergency fund to fall back on.

• Automate your payments: Setting up direct debit payments can help ensure you never miss a payment. Another tip is to set up reminders on devices such as your mobile to prompt you when it’s time to pay.
  

A final point…

A final point to mention is that here at Moneyboat, we do not use enforcement officers. So, bear in mind that if you are approached by somebody claiming to be one on our behalf, this may well be a scam. Show caution, know your rights, and remain vigilant in order to protect yourself.

You should ask to see proof of identity, such as an ID badge or enforcement agent certificate, as well as proof of which company they are from.

We understand that the choppy waters of debt and bailiffs can be hard to navigate. But, hopefully you’re now feeling clued up on what bailiffs legally can and cannot do. And remember, if you’re struggling, make sure to check out our guide on how to get out of debt.

Before you go, why not head over to the Moneyboat blog where you’ll find plenty more insights? Over there, you’ll be able to brush up on your knowledge on everything from debt consolidation to loan sharks.