Having a bailiff call can be a harrowing experience; especially if they are looking to remove your property. Staying calm and making sure you don’t invite them in to your property is essential. In a lot of circumstances they don’t have the right to enter. Don’t be fooled by their initially friendly manner – the repercussions will probably come back to haunt you.

What is a bailiff?

A bailiff is someone authorised to collect debt on behalf of a creditor. A creditor being someone you owe money to.

• A court bailiff delivers legal documents to people, and might recover some kinds of debts.
• A certificated or private bailiff tries to negotiate getting debts paid. As a last resort, they can repossess property or remove a debtor's goods.
• Certificated bailiffs are private bailiffs that have supplied references to the court and are deemed to be ‘fit and proper individuals’. Bailiffs that collect road traffic fines and rent arrears need to be certified.
• In Scotland, officers of court serve documents relating to debt recovery. They also give debtors advice on their best course of action.

Bailiffs can be used to collect different types of debts, such as county court judgments, unpaid council tax, magistrates court fines, outstanding rent, unpaid maintenance to the Child Support Agency.

Even though different bailiffs have different powers when collecting debts they all have to adhere to certain rules that apply to all bailiffs.

Anybody can act as a bailiff providing they have the legal authority from the creditor to do so. Most reputable firms however use only Certified Bailiffs.

Do bailiffs have a code of conduct?

Yes, all bailiffs should adhere to the following:

• If the only person present is, or appears to be, under the age of 18 then the bailiff must leave.
• Ideally visits should be made between the hours 6am and 9pm and should not take place on a Sunday, bank holiday unless permitted by the Court; an exception to this could be when the debtor is conducting his business, i.e. works night time only.
• They should not divulge the nature of the visit to anyone other than to the debtor.
• In the absence of the debtor any documentation left should be in a sealed envelope.
• Unless permitted unlawful force should not be used to enter the premises.
• Goods that clearly indicate that they belong to a child should not be seized.
• If goods are removed then the debtor should be given a receipt.
• The debtor should be notified of the fees incurred for each visit and be made aware of additional costs should further action be implemented.
• The value of any goods seized is in proportion to the debt and the additional charges owed.
• If Police are in attendance it is to be explained that they are only there to prevent a breach of the peace and that their presence will not influence or assist with the actions of the bailiffs.

What are the different types of authority a bailiff can have?

• Warrant of execution - sometimes known simply as a warrant - the authority that is issued if recovering money owed under a County Court judgment.
• Distress warrant or liability order - generally issued by a Magistrate’s Court to collect unpaid council tax or maintenance, compensation or outstanding fines.
• Collectors, advisers or counsellors - often represent a creditor and will try to work out what payments you can make to the lender. They do not have power to enter your home or to seize goods or property.

When is it an unreasonable time for a bailiff to call?

Visits should ideally be made between the hours 6am and 9pm and should not take place on a Sunday or bank holiday unless permitted by the Court. An exception to this could be when the debtor is conducting his/her business, i.e. works night time only.

How do I know the person at my door actually is a bailiff?

All bailiffs should carry some form of identification or authorisation. If collecting rent they must, upon request, provide a certificate issued by the County Court. If collecting for Council Tax arrears then they will need to be in possession of written authorisation from the local authority.

What can I do if I receive a notice to say that a bailiff will visit my house?

• You can either negotiate with the bailiff or the lender/creditor that they are representing.
• You may wish to make an application to the Court to suspend the bailiff’s action. It would be prudent to contact your local Citizens Advice Bureau for further advice on this.
• Try and have a friend/witness present to help you record what is being said and note under what authority he/she is acting.
• You will need to ensure that all windows and doors are kept locked to prevent the bailiff from entering; only in exceptional circumstance can they force entry.
• A bailiff must remain professional at all times and not use offensive or insulting language, if you are unhappy with a bailiff’s conduct then you can enter a complaint to either the court or the lender concerned.

Will the Police arrest me if I refuse a bailiff entry into my house?

No. The Police are there only to prevent a breach of the peace. You can however be imprisoned if you wilfully refuse to pay council tax, child maintenance or Magistrate Court fines. Before this can happen you will be required to attend Court for a means enquiry hearing.

Can I refuse to let a bailiff in?

Yes you can! However, if you leave a window or door open then they have the right to enter, and more importantly, they can then force other doors once inside the property. It is important to note that once they have gained peaceful entry they can return and force entry. Be careful of persuasive ways of gaining peaceful entry such as:

• Attempting to walk in as soon as a door is opened.
• Asking if they can use your telephone to check if an arrangement is satisfactory with their office.
• They may simply ask you if you would prefer to discuss matters inside.

Do not be fooled by these kind of tactics.

What will happen if I let a bailiff in?

Upon gaining peaceful entry a bailiff may look to seize goods of value that belong to the individual named on the warrant with the intention of selling them at public auction so as to raise money to pay the creditor/lender. Now that the bailiff is in the home he/she can force open any locked doors and cupboards. By allowing peaceful entry you have now given the bailiff the right to return and enter, even without your permission; in effect they can break in and remove your goods.

Can I throw out the bailiff once they have gained peaceful entry?

Any physical contact with the bailiff may lead to an allegation of assault against you.

What is a walking possession order?

A walking possession agreement is where goods that have been seized legally belong to the bailiff. The items can remain in your home for your continued use, providing you make any agreed payments, but can be removed at any time.

For this order to be valid the bailiff must have obtained peaceful entry. It is not acceptable for the bailiff to peer through the letter box or window and note down the items and then push the walking possession order through the letter box for your signature at a later date. For this reason it is important that you should only consider signing the order if peaceful entry has been allowed and not in the circumstances detailed above.

Once the walking possession order has been signed you will incur a daily charge as well as any amount you have agreed to pay towards the debt.

How do I know which goods will be taken?

The bailiff will make clear his/her intention of the items of property to be seized, either verbally, or by attaching a mark to them, or by touching them. This is often known as levying distress or distraining upon goods.

If goods are removed then they will be stored elsewhere ready for a public auction, if goods that have been seized are to remain on the premise then the bailiff will request that you sign a 'walking possession agreement'.

What if I can prove that I don’t own the goods that are to be seized?

Only the goods that belong to the person who owes the money should be seized, although, any goods can be seized under distress for rent. It is common practice for bailiffs to try and seize any goods of value leaving the onus on the individual to disprove ownership. To support your case of non ownership you will need to produce receipts confirming someone purchased and owns the relevant item.

What goods can a bailiff not seize?

Unless the bailiff is representing the Magistrate Court he/she cannot seize the following:

• Bedding, clothing, furniture, household equipment and provision necessary for basic needs for you and the family.
• Tools, vehicles and goods and any other items within reason that is necessary for your use in connection with your employment, business or vocation.

If the bailiff is acting on behalf of the Magistrates' Court then he/she cannot seize the following goods:

• Clothing, beds and tools of the trade.
• Basic domestic needs of the family - normally to include fridge, cookers, freezers, but not necessarily to include jewelry, additional televisions, DVD / video recorders, stereos, microwaves and washing machines.

What sort of value of goods could be seized?

It is most probable that the goods will be sold at public auction. What you believe to be valuable may well only sell for 10% of its initial cost. A new item costing £500 may only return £50 at auction.

How do I formally complain about a bailiff?

Your first point of call is to complain to the person who instructed the bailiff, for example a local authority, the county court (if the bailiff is certificated or a county court bailiff) or a trade association.

The majority of private bailiffs will also belong to a trade association, which will have a complaints and grievance procedures you can use. The main trade associations are the Certificated Bailiffs Association (CBA) and the Association of Civil Enforcement Agencies (ACEA).

Contact details as follows: