If you owe money and are worried about a visit from a bailiff, Oliver Elliot can help you deal with bailiff powers when they visit.
What are the powers of a Bailiff if he or she visits you at your home?
What you can do and what are bailiff powers when they visit at home
A bailiff (‘enforcement agent’) may visit your home if you do not pay your debts – such as Council Tax bills, parking fines, court fines and county court, high court or family court judgments.
This will happen if you ignore letters saying that bailiffs will be used.
There are different kinds of bailiffs, known as:
- ‘certificated enforcement agents’ (also known as ‘civil enforcement agents’)
- ‘high court enforcement officers’
- ‘county court and family court bailiffs’
- bailiffs who enforce magistrates’ court fines and warrants for arrests (either ‘civilian enforcement officers’ or ‘Approved Enforcement Agents’)
A bailiff may also visit your home for other reasons, for example to serve court documents or give notices and summons.
An Approved Enforcement Agent can arrest you if there’s a warrant for your arrest for breaking a community penalty order.
Bailiffs must usually give you at least 7 days’ notice of their first visit.
Pay what you owe before a bailiff visits
If you think a bailiff might visit you to collect debts, you can stop this by paying the money you owe. Get advice about how to pay your debt from whoever you owe money to as soon as possible.
If you do owe the money – pay the judgment
You’ll have to pay the person or business you owe the money to, or their solicitor. The name and address will be on the judgment form. Do not pay the court.
Make sure you can prove you’ve paid. Send a cheque or postal order by post, or make a bank transfer. Do not send cash through the post.
Keep a record of your payments and make sure you pay in time.
Pay in instalments
If you’re paying in instalments, ask the person or business you owe the money to about the best way to pay.
You may want to set up a standing order to pay the money directly from your bank account.
If you’re late with your payments, you could be taken back to court and you may have to pay extra costs.
Ask to change the payments
You can ask to change the amount you pay per week or per month.
To do this, fill in the N245 application form.
Give details of your income and spending, and say how much you can realistically afford to pay.
You may have to pay a £50 court fee.
If your offer is rejected, the court will decide on the amount you have to pay.
If you’re threatened with bailiffs
The person or business you owe money to may use bailiffs to collect the money.
They’ll have to apply to the court for a ‘warrant’, which will give the bailiff the right to visit your home or property.
You’ll be given 7 days to pay before they visit.
You may be able to stop the bailiff from visiting, by filling in the N245 application form.
Say on the form how you’ll repay the money – for example weekly or monthly payments.
If your offer is accepted, the warrant will be stopped as long as you keep up with the payments.
If you have other judgments or debts
If you have another judgment against you, you can arrange to pay all your debts to the court in a single weekly or monthly payment.
This will stop people taking action against you to get their money – for example by sending bailiffs to your home.
You can only do this if your total debts are under £5,000.
You’ll need to fill in the application for an administration order (N92).
You might be arrested if you do not pay criminal debts, such as fines or penalty notices.
Dealing with bailiffs
You usually do not have to open your door to a bailiff or let them in.
Bailiffs cannot enter your home:
- by force, for example by pushing past you
- if only children under 16 or vulnerable people (with disabilities, for example) are present
- between 9pm and 6am
- through anything except the door
Bailiffs are allowed to force their way into your home to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort.
If you do not let a bailiff in or agree to pay them:
- they could take things from outside your home, for example your car
- you could end up owing even more money
If you do let a bailiff in but do not pay them they may take some of your belongings. They could sell the items to pay debts and cover their fees.
You may be able to get extra time to make a payment or get debt advice if you’re a vulnerable person (for example, you have mental health problems or are seriously ill).
Check the bailiff’s identity
Before you let a bailiff in to take your things or pay them, ask to see:
- proof of their identity, such as a badge, ID card or enforcement agent certificate
- which company they’re from
- a telephone contact number
- a detailed breakdown of the amount owed
You can ask for proof of a bailiff’s identity and authorisation even if they’ve visited before – for example, ask them to put it through the letterbox or show it at the window.
All bailiffs must have a certificate unless they’re exempt or they’re with someone who does have a certificate.
Anyone who claims to be a bailiff when they are not is committing fraud.
To check a bailiff’s identity, find out what kind of bailiff they are from their proof of identity and then:
- check the register of certificated bailiffs if they say they’re a certificated enforcement agent (contact the county court business centre if you have a question)
- check the list if they say they’re a high court enforcement officer
- contact the court that sent them if they say they’re a county court bailiff, family court bailiff or a civilian enforcement officer
If they say they’re an Approved Enforcement Agent, check they’re from one of the following companies:
- Compliant Data-Led Engagements & Resolutions (CDER) Group
- Marston Holdings Limited
- Excel Civil Enforcement Limited
- Swift Credit Services Limited
Paying a bailiff
You can pay the bailiff on the doorstep – you do not have to let them into your home.
Make sure you get a receipt to prove you’ve paid.
If you cannot pay all the money right away, speak to the bailiff about how you could pay the money back.
Offer to pay what you can afford in weekly or monthly payments.
The bailiff does not have to accept your offer.
What bailiffs can and cannot take – Bailiff Powers When They Visit
If you let a bailiff into your home, they may take some of your belongings to sell.
Bailiffs can take luxury items, for example a TV or games console.
They cannot take:
- things you need, such as your clothes, cooker or fridge
- work tools and equipment which together are worth less than £1,350
- someone else’s belongings, such as your partner’s computer
You’ll have to prove that someone else’s goods do not belong to you.
What bailiffs can charge – Bailiff Powers When They Visit At Home
How much you pay depends on your situation. Citizens Advice has information on bailiffs’ fees.
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