6 tips for dealing with bailiffs including when they can take goods and how you can complain
GETTING a visit from the bailiffs can be extremely worrying, so it helps to know your rights. We explain six tips from debt charity StepChange if you’re anxious about your belongings being repossessed. As of January 31, bailiffs are allowed to knock on doors over debts for consumer goods and vehicles, although a ban remains […]
GETTING a visit from the bailiffs can be extremely worrying, so it helps to know your rights.
We explain six tips from debt charity StepChange if you’re anxious about your belongings being repossessed.
As of January 31, bailiffs are allowed to knock on doors over debts for consumer goods and vehicles, although a ban remains in place for home repossessions until April 1.
Customers had previously been protected from enforcement visits during lockdown due to the coronavirus crisis.
But as bailiffs start up again, there still remains little regulation over visits or penalties for bad behaviour.
Charities have been calling on the Ministry of Justice (MoJ) to introduce a bailiffs regulator to hold officers to account.
How to get free debt advice
THERE are lots of groups who can help you with your problem debts.
- Citizens Advice – 0808 800 9060
- StepChange – 0800 138 1111
- National Debtline – 0808 808 4000
Speak to one of these organisations – don’t be tempted to use a claims managment firm that will claim it can write-off lots of your debts in return for a large up-front fee.
The MoJ had asked for evidence of rogue behaviour as part of a wider review in November 2018 but so far an outcome hasn’t been published.
A spokesperson told The Sun the MoJ is currently focusing on the coronavirus crisis and said it will respond to its call for evidence “as soon as possible”.
Don’t ignore debt problems
Not ignoring your debts is the first step to avoiding a call from the bailiffs in the first place.
Before a bailiff shows up at your front door, you’ll be sent a so-called “notice of enforcement” letter informing you that an agent will visit.
If you’re worried about falling behind with important bills, get in touch with your creditors as early as possible.
They may agree to a new payment plan, based on what you can afford, which will avoid them resorting to bailiffs.
You can also seek free advice from charities like StepChange and Citizens Advice.
Learn what bailiffs can and can’t do
It helps to know what bailiffs can and can’t do, as well as the difference between bailiffs and debt collectors.
Debt collectors can’t enter your home and they can’t take goods from you, but bailiffs can as they are appointed by courts.
However, they should still should follow rules and procedures, including contacting you first and giving you the opportunity to pay what you owe.
In most cases, a bailiff can only enter your house peacefully through a front or back door.
They must also explain who they are, say why they’re calling and enter without using force, unless they have a warrant to do so.
The bailiff could have the right to force entry to your home, or use a locksmith, to collect a criminal fine or tax debts for HMRC – but again, they’ll need a warrant to do this.
Bailiffs also aren’t allowed to climb through windows, push past you to gain access, or enter a property when there is only a child aged 16 at home.
In terms of timing, a bailiff can only visit you between 6am and 9pm, again unless they have a warrant allowing them to knock outside these hours.
Prepare for a visit from bailiffs
If you know you’re expecting a visit from the bailiffs, there are ways you can prepare.
Bailiffs can only enter through unlocked doors, unless they have a warrant, so StepChange recommends keeping your doors and windows locked.
It also says on the Gov.uk website that “you usually do not have to open your door to a bailiff or let them in”.
Instead, you can ask them to put the paperwork through the letterbox or show it at a window.
You should try to keep your curtains drawn as much as possible so they can’t take photos of your valuables from outside.
Keep in mind, if you decide not to let a bailiff in, they could take things from outside your home like your car.
You could also end up owing more money if you don’t arrange a way to pay your debts.
If you do let them in but don’t pay, they may take some of your belongings.
How to deal with a bailiff visit
Even though this is a stressful situation, try to stay calm and not lose your temper.
Before you let a bailiff take your things or you pay them, you should ask to see a proof of their identity and any warrants or writs they claim to have.
You should also check which company they work for and ask for a breakdown of what you owe.
At this point you have the chance to pay what you owe in full or agree to a
repayment plan.
Always get a receipt for any payments you make.
Bailiffs can also charge fees for collecting your debt, but how much you pay depends on your situation.
Know when they can take goods
Bailiffs won’t normally take away your goods the first time they visit your home.
Instead they will usually make a “controlled goods agreement” listing the items they can take.
They can’t take everything from you, they must leave basic household items and medicine.
They’re also only supposed to take goods that belong to you.
If you have furniture that belongs to a landlord or employer, you can mark up these goods as not belonging to you.
You can hide valuables before a bailiff visits, but if you hide or remove goods after they’ve already visited you and listed them, you’re committing a criminal offence.
What bailiffs can't take from your home
BELOW are the things that bailiffs aren't allowed to take from you in order to cover your debts.
- Things you need, such as your clothes, cooker or fridge
- Work tools and equipment worth a total of less than £1,350
- Someone else’s belongs, such as your partner’s computer. Just keep in mind you’ll have to prove that someone else’s goods don’t belong to you
How to complain
You can make a complaint against a bailiff if you think they’ve treated you unfairly.
The first step is to send the complaint to the bailiff’s employer and a copy to the creditor they are collecting for.
Make sure you send your complaint in writing and keep a copy, or if posting your complaint, send it by recorded delivery.
If you’re unhappy with the response, you can escalate the complaint to a governing body, ombudsman or the court.
You can see a full list of who to contact over the outcome of your complaint on the StepChange website.
Before considering court action, you should seek free advice as you’ll end up paying to take someone to court.
Examples of potential poor bailiff practice that you should look out for include bailiffs chasing a debt that’s not yours, forcing entry into the home, or acting aggressively.
Other bad behaviours could include rejecting payment offers and seizing exempt goods such as essential kitchen items, beds and vehicles used for work.
Bailiffs will normally record their visit on a body-worn camera.
You can ask for a copy of the footage if you think it will support your complaint.
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