Bailiffs

May 7th, 2018 by

There are a lot of people in the UK dealing with pressures from bailiffs to repay a debt, here are some of the more common issues people with bailiffs’ are facing.

I have bailiffs chasing me and I don’t have the money to repay them

Don’t worry. There are financial solutions designed to help you with scenarios like this. Two of the most common debt solutions are as follows:

(1) The Debt Management Plan – an informal arrangement between you and your creditors
(2) The IVA (Individual Voluntary Arrangement) – a more formal agreement between yourself, an insolvency practitioner and your creditors to arrange more manageable repayments.

Both of these debt solutions can help you with dealing with bailiff actions.

What Should I do if a Bailiff tries to enter my property?

This question is answered at the following page where there is extensive information in relation to stopping bailiffs, see this page for more information.

However here are some quick guidelines for if a bailiff tries to enter your property:

Bailiffs are not permitted to enter your property without permission from yourself unless they either:

i) Find an entrance method such as an open window or open door
ii) Have a warrant (rare) for entry due to the enforcement of high priority debt that has been outstanding for a long period of time
iii) They are granted entry from a resident or occupant of the property

If you wish to prevent the entry of your property from a Bailiff, ensure all entrance points are closed and locked, do not invite them onto the property and if they are insistent ask them to produce a warrant for you to look at.

Bailiffs are NOT allowed to do the following

Force entry to the property without a warrant
Physically assault anyone on the property or threaten anyone on that property
Take goods that are essential to a basic standard of living or goods that belong to people other than the person in debt (see: Goods that bailiffs cannot take)
Damage property (unless they have a warrant but even then they must use “reasonable force” to gain entry to the property (generally through the use of a locksmith)
Take goods that are protected (anything already being paid for under an existing finance agreement)
Bailiffs also cannot place their foot in the doorway to prevent the door from closing – this is not allowed (common question).
Bailiffs’ cannot take a washing machine.

Goods that bailiffs cannot take

Bailiffs cannot take any of the following goods:

1) Items that you need for contact such as phones, mobile phones that you need for essential communication
2) Items that belong to other people (not the person in debt)
3) Household Pets, Or guide dogs (it is not permissible for bailiffs to take pets)
4) Items that you need for work or study, such as a vehicle, tools, handbooks, materials for work or any devices related to work or study
5) Anything under a hire purchase, or something being purchased or bought on a form of finance or personal contract plan
6) Anything displaying a blue badge or mobility vehicles or equipment

They MUST leave you with items you need to live including items such as:

Cooking machinery, cooker, microwave, pans, plates, utensils etc
Table & enough chairs for everyone living in the property to be able to have a seat.
A fridge
A bed & bedding material (duvet, undersheeting etc)
Any medication, medical equipment and anything you may need to take care of a child or the elderly.

Do Bailiffs Work Weekends?

Many people wish to know “Am I Likely To Get A Weekend Visit from a bailiff?

The general rules around bailiffs is that they should be visiting between 9am to 6pm daily except Sundays, bank holidays, and Christmas day & good Friday.

Do Bailiffs Have To Give You Notice?

The short answer here is yes. The court will issue them with documentation known as a “warrant of control” and in order to visit a property they will also need a “court order”, and they are supposed to provide you with a “notice of enforcement” before visiting your property, they should be asked to produce evidence of a court order if they visit your property.

Notice must be provided prior to a visit.

Can I pay a bailiff without granting entry?

Absolutely. If you have cash to pay a bailiff you can easily pay them on your doorstep if you have the money without granting them entry to your property, this is perfectly acceptable in all cases we are aware of.

Further reading:

Stop The Bailiffs! Your Guide To Stopping Issues, Visits & Calls

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