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Family >> Bailiffs The Law And Your Rights |
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2006-02-08
| Geoff Hibbert
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We aim here to explain the role of the bailiff his
responsibilities, powers and authority together with your rights
in connection with a bailiff visit.
What is a bailiff?
A bailiff is a person authorised to collect a debt for a
creditor. They must have what is known as a warrant or a warrant
of execution (issued by the Court) to collect a County Court
Judgement "CCJ" debt .
What do I do if a bailiff calls?
*First DO NOT invite the bailiff into your homee. They may ask
if they can discuss things inside your home or they may try and
march in as soon as you answer the door do not fall for this
tactic. As with any stranger, always answer the door with the
chain on and a suspicious mind.
*All bailiffs should carry id. Always ask for it and for a copy
of the warrant they are collecting. Some creditors will send
people around to your house who are not bailiffs to try and
secure payment from you, again this is a tactic do not fall for
it.
Can the bailiff force his way into my home?
*A bailiff cannot use force to gain access to your home. They
can only enter via what is called peaceful entry. Entering
through an unlocked door or window this would be allowed as
peaceful entry, though sneaky. Pushing their way past you at the
front door is forcible entry and is not permitted.
*Bailiffs should know these rights but you should be aware they
may try to gain entry by asking you to let them come in to
discuss things.
What could happen if I let the bailiff enter my home peacefully?
*If the bailiff has been allowed in peacefully they have the
right to search your entire home. They will look for any
property of value which they can take away and sell (possibly at
auction) to pay your debt.
*They will usually list the property they want to take or
clearly mark it as property they have seized they usually put a
sticker on it. They can then leave someone in your house whilst
they arrange to collect the property or more usually they will
ask you to sign a "walking possession agreement".
*This means that you agree not to remove these goods and that
you acknowledge they now belong to the bailiff. He will then
usually advise you that he will return to collect the goods for
sale or you agree with him a schedule for paying him the money
you owe.
*Your goods are also likely to be sold at auction where they may
be sold for as little as 10% of their cost. So you should be
prepared that ,for any given debt, they may seize goods of
substantial original cost.
*In addition to the original debt and court costs, you will
usually have to pay for each visit the bailiff makes. So if they
return at an agreed date and you are not there your debt may
increase substantially with their costs.
*Remember that once the bailiff has entered peaceably they then
have the right to force their way in to collect the goods at a
later date.
Is there any property in my home a bailiff is not allowed to
seize?
*A bailiff is only allowed to seize goods that you own. They
will usually assume everything in the house is yours and it will
be up to the owner of the goods to prove to them that they are
not yours. If you have receipts or rental agreements which show
the goods are not yours it is much simpler to show the bailiff
them before they have seized them.
*If the debt is rent arrears they may seize property in your
home even if it does not belong to you.
*Finally, a bailiff cannot seize any tools, equipment or
vehicles used by you in your employment , trade or occupation.
They also cannot seize property used by you for your basic
living needs and those of your family. This includes things like
your fridge and cooker and clothing. They must also leave you
with at least one TV although additional TV's and things like
DVD players can be taken.
Can I remove or hide goods from a bailiff?
*It is not illegal to do this before a bailiff arrives unless
the debt is for rent due. Remember that once a bailiff has
gained peaceable entry they can come back at anytime to look for
more goods they may think you have in your house.
Who pays for a bailiffs visit and how much do they charge?
*The costs of a bailiff are added onto your debt. If you think
the bailiffs costs are unreasonable you can ask a Court to
review them to see if it agrees.
*Remember each visit will result in additional costs being added
to your debt each time. So a small debt such as a parking ticket
could end up costing you hundreds of pounds to pay off.
What happens if a bailiff does not gain entry to your home?
*The bailiff will usually keep visiting your home and if they
are unable to gain entry the warrant for the debt will be
eventually be returned to the Court. They will advise the Court
that they have been unable to gain entry or that you have
insufficient goods to pay your debts and the bailiffs costs in
full.
Is a bailiff allowed to visit my home at anytime of the day or
week ?
*If the debt is in respect of rent then they are only allowed to
visit during daylight hours. For any other debts bailiffs should
call at a "reasonable time of day". *If you are unhappy with the
times at which they call you should take their details and
contact the persons who instruct them to complain. Often
bailiffs belong to an association or trade body and it may be
possible to complain to them.
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