Bailiffs

Bailiffs

What is a bailiff?

A bailiff works on behalf of the courts to collect debt. There are several types of bailiffs who act differently according to the type of debt being collected. In Scotland they are known as sheriffs. In England and Wales they fall into catagories of county court bailiffs, certificated bailiffs, private bailiffs and Enforcement Officers each used to collect different types of debts. The type of bailiff that contacts you depends on what type of debt you owe, eg unpaid council tax, magistrates court fines and unpaid maintenance.

It's important to distinguish between a bailiff who has authority from the court, and a creditor's representative or debt collector who doesn't. A debt collector is NOT a bailiff. Some collection agencies may threaten to send someone to your home if you refuse to pay amounts requested. As a representative of a Debt Collection Agency, they have no powers at all. You do not need to speak to them if you do not wish to. If you are in any doubt, contact Citizens Advive Bureau for free, impartial advice. If they are threatening you at home then call the police. Ask to see ID and the warrant from the court as only a bailiff will have a warrant.

Can anyone be a bailiff?

Yes, providing they have legal authority to carry out their actions. Certificated bailiffs means that a firm of bailiffs has provided references to the county court and the bailiffs they employ are considered to be 'fit and proper' persons. Bailiffs collecting rent arrears and road traffic penalties must be certificated.

When are bailiffs used?

If your creditor gets a court order the judge can authorise bailiffs to visit and attempt to collect the debt. This is as a result of failing to pay following a County Court Judgement or CCJ. They can also be used to repossess your home or to enforce certain arrest warrants.

Do they have power of entry?

A bailiff cannot use force to gain entry into a domestic property on their first visit: they can only use “peaceable means”. Entering through an open or unlocked door, or via a window without causing any damage or disturbance, is acceptable. Forcing their way past someone at the door is not. If you have any concerns, ask the bailiff to show an identity card.

After the bailiff has gained peaceful entry they will make a list of all the debtor's goods to be seized in the event that the debt remains unpaid. The bailiff can take goods jointly owned by the debtor and another person, but if sold the other person will be paid their share of the money.

Bailiffs can take non-essential items, but they can't take essentials such as clothing, bedding, furniture, household equipment or other goods necessary to meet basic domestic needs. They can take possessions outside your home, such as your car, garden furniture and shed contents. .What bailiffs can't take is set out by statute (law).

Can they force their way in?

Unless the debt that you owe is a Crown debt (a fine or council tax), a bailiff does not have a right to force entry.

However, there are exceptions. If you're behind with rent or mortgage payments, your landlord / mortgage lender can get a court order to evict you. In this situation bailiffs are allowed to break into your home.

What is a walking possession agreement?

You may be asked to sign a 'walking possession agreement'. A walking possession agreement means that the bailiff is in control of listed goods but is leaving them on the premises for you to look after and continue using.

If you sign the walking possession, the bailiff can charge additional fees. Signing a walking possession agreement will give you time to make arrangements for repaying the debt before the bailiff returns with the intention of removing the goods to sell at public auction.

Suspending a bailiff’s action

If the bailiff is acting for a debt which has gone to either the county court or High Court, you can apply to the court to have the bailiff's action suspended.

You may be able to make an application to the court to suspend bailiff action. Contact Citizens Advice Bureau for advise on how this can be done. If you cannot suspend the bailiff's action, try offering to repay the debt over a period of time. Most bailiffs are reasonable and are more likely to accept an offer of payment if of a reasonable and affordable amount. If your offer is accepted try to stick to paying on time and remember to contact the bailiff immediately if you have problems keeping up with payments.

If you cannot afford to make the bailiff an offer, your local CAB may be able to help by negotiating with the bailiff on your behalf. When you seek advice make sure you have all the necessary papers left by the bailiff.

Making a complaint about a Bailiff

You can make a complaint about a bailiff, for example if the bailiff has gained entry forcefully / illegally, seized wrong goods or failed to produce the correct documents.

First register your complaint with the bailiff's firm.

If this does not resolve the complaint, you can take the complaint to the creditor for whom the bailiff is acting for.

Check to see if the creditor has a formal complaints procedure and codes of practice.

If the complaint is not resolved you can take the matter to the bailiffs’ professional or trade organisation.

All have the power to discipline the bailiff including exclusion from membership.

Professional advice is recommended to be sought for all action taken such as Bailiff Advice Online, an independent advice service specifically dealing with and providing advice for bailiff related issues.

Details on Bailiff regulations are available on the website for 'Her Majesty's Courts Service' which is;

http://www.hmcourts-service.gov.uk/infoabout/enforcement/bailiffs/index.htm