If you receive a visit at your home from someone collecting debts this can be a very scary experience. However, there are some simple things you can do which will help deal with the situation.
1. Keep your cool and don't panic
In many cases, you don't have to let a bailiff in. In this situation they can't force their way into your property or simply break in.
However, bailiffs are allowed into your property without your permission if they can enter without breaking in. This is called 'gaining peaceful entry' and includes getting in through an unlocked door or open window. As such if you are not at home and are worried that bailiffs might visit, make sure all of your doors and windows are locked.
2. Ask to see the collectors ID and their warrant from the court.
Only a bailiff will have a warrant. If the collector does not have a Court warrant, then they are a creditor’s representative and do not have the powers of a Bailiff.
3. Tell the bailiff that you are not in a position to pay the money that they are collecting
Explain that you are taking action and reviewing your financial situation with a debt management expert.
Tell them that a proposal to repay the debt will be with them shortly.
4. If they won't take no for an answer
Tell the bailiff that you have asked them to leave and if they remain then they are trespassing and you will call the police. If they remain, then go ahead and call the police.
5. Do not sign anything without getting further advice
Do not sign any paperwork which a Bailiff asks you to sign without first getting additional advice. It has been known for Bailiffs to ask for a signature to confirm that you have said they can't come in.
However, the document you have been asked to sign may be a Walking Possession Order
. If you sign such a document, then the Bailiff can return at a later time and in effect you have signed to give them permission to force entry into your home
Remember, the best way to deal with Bailiffs is to be polite but firm. Make an offer of payment if you can afford to (it doesn't matter if this is only a couple of pounds per month) but do not let them into your home and do not sign anything.
If a Bailiff gets into my home, what will they take?
Once inside your home, Bailiffs are not allowed to take essential items required for living such as such as your oven, fridge, clothes, most furniture and tools of trade. However, they can take non-essential items such as a television, DVD or stereo system. They can also take possessions outside your home such as garden furniture and shed contents.
In some circumstances, bailiffs may clamp your car until they receive payment for a debt or they may be able to take it away entirely.
Can Bailiffs take things that don't belong to me?
The basic rule is that bailiffs can only take away things that belong to the person who owes money. But they could take away goods that are jointly-owned by you and someone else. As a general rule, goods on premises where there are rent arrears can be taken away, whoever the goods belong to. But there are many exceptions to this.
What happens when my goods are taken away?
Goods that are taken by a bailiff will be sold at auction. The money raised will be used to first pay for the bailiffs' fees. Any remaining cash will be given to the creditor on whose behalf the bailiff was working. Unfortunately the second-hand value of goods can be very low and so, depending on the level of the outstanding debts, you may still owe money even if the bailiffs have taken away most of your things.
Can I negotiate with the bailiffs?
Generally bailiffs will be reasonable and allow you some time to pay what you owe. However, this will depend on the individual circumstances of your situation. Sometimes the bailiffs say that you must negotiate directly with the creditor. Local authorities collecting council tax often have codes of practice instructing the bailiffs to accept very small repayments if you're on Income Support or Jobseeker's Allowance.
Bailiffs may agree to give you time to pay your debt. However, in return you may have to sign a Walking Possession Order
. This order lists the goods which the bailiff will take away if you don't pay within the time set out in the agreement or if you miss an instalment. If you try to remove the goods from the premises after signing a Walking Possession Order
, this would be a criminal offence.
Signing a walking possession agreement might give you a breathing space to get the money together to pay the debt, but it does mean that the bailiffs could break in to take your goods away if you don't keep to the agreement.