THE DIFFERENCE BETWEEN A BAILIFF AND DEBT COLLECTOR
The first rule if you have a knock on your door by a creditor representative is keep your cool and don't panic. If you know your rights you will be in a much better position to deal with the situation.
It's important to distinguish between a bailiff, who has authority from the court to collect money on a creditor’s behalf, and a creditor's representative or debt collector, who does not.
If someone knocks on your door and states that they are there to collect money on behalf of a creditor, first ask to see their 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. You do not have to discuss the matter with them and they do not have a right of entry to your home. Tell them you have made your position clear to the creditor themselves about your ability to pay and that you do not wish to discuss it any further.
If they won't take no for an answer, tell them 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.
WHAT IF I GET A VISIT FROM A BAILIFF?
If your creditor gets a court order, the judge can authorise bailiffs to visit and attempt to collect the debt. You will have advanced warning that a Bailiff is likely to visit because you will have received notice in writing.
Contrary to popular belief, most bailiffs are reasonable, they just want to get the job done and they don't bear you any personal malice. If they call and you are not in, they will generally leave you a letter to say they have been and will leave you a number to call them on. If you have received this type of notice, you should call them and try to make an arrangement to pay the debt, they will always generally listen to any proposal that you make.
CAN A BAILIFF FORCE THEIR WAY INTO MY HOME?
Unless the debt that you owe is a Crown debt (Income Tax, VAT, a fine or Council Tax), a bailiff does not have a right to force entry. However, there are exceptions. If you're behind with your rent or mortgage payments, your landlord or mortgage lender may get a court order to evict you. In this situation, the bailiffs are allowed to break into your home.
Do not sign anything 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. 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.
WHAT CAN A BAILIFF TAKE?
Once inside your home, Bailiffs can take non-essential items such as a television or stereo system, but they can't take essentials such as your oven, fridge, clothes, most furniture and tools of trade. They can take possessions outside your home, such as your car, garden furniture and shed contents.
GENERAL ADVICE FOR DEALING WITH COLLECTORS AND BAILIFFS
When ever possible, contact your creditors before a collector or bailiff gets involved. Offer them something, but not more than you can afford, regardless of how little that is. Always follow-up phone calls with your offer in writing.
If you get a court summons, always attend to get your case across. If you've made a reasonable offer within your means and kept written evidence of this, the judge may even reduce what you have offered to penalise the creditor for wasting the court's time.
Don't answer the door to bailiffs. Ask them to leave their card and say you will make an offer in writing.
The best way to deal with Bauiliffs 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.
Keep your curtains and windows shut, and your car parked away from your property.