Your rights with bailiffs

As rogue bailiffs hit the headlines, we look at your rights when dealing with debt collectors.

Bailiffs hit the news last week after the Ministry of Justice called for changes to laws governing bailiffs in England and Wales.

It’s down to the number of complaints about the way that ‘rogue’ bailiffs behave and the fact that those in debt don’t have enough protection against them or know their rights.

We’ve heard stories of cars being repossessed seemingly without warning, bailiffs gaining unlawful entry by pretending to be reading the meter and aggressive actions and threats. It even veers into the bizarre sometimes, with reports of seized welcome mats.

Debt collectors and bailiffs: what’s the difference?

A lot of people get confused about the differences between a debt collector and an actual bailiff. The rules governing their behaviour are not the same and a doorstep collector is no different from - and has no more power than - an agent phoning to collect debts.

These agents often use threatening tactics over the phone to scare people into making payments that they can’t afford. We’ve outlined before what to do if a creditor keeps calling you in an attempt to inform and educate people about their rights and what they should do.

Often threats of bailiffs are made over the phone and by letter, but it’s important to realise that only the courts have the power to send bailiffs.

If the bailiff is instructed to visit a property because of an unpaid county court judgment, a ‘warrant of execution’ will be sent to the person with the debt first. If the bailiff is there to collect unpaid council tax or fines, a ‘liability order’ will be issued by the magistrates’ court. (The latter is more serious and these bailiffs can be harder to negotiate with.)

Anyone sent on behalf of the creditor is just a debt collector, and while they can be very intimidating there’s no need to try negotiating with them on the doorstep as this can be done in writing or over the phone.

We always recommend seeking advice before it gets to the bailiff stage. They can easily be prevented if you come to an arrangement to repay the debt at a realistic rate.

However we understand that there are many reasons why bailiffs can get involved and it’s vital to get advice rather than let the problem escalate or, in the worst case scenario, see your goods taken away.

What can bailiffs do?

Ultimately bailiffs exist to recover debts that have been ignored or somehow got to this stage of the debt collection process. However, most bailiffs would agree that they’d prefer to come to a mutual payment agreement rather than remove goods to sell them at auctions. Especially as removed goods tend not realise much money at auction.

If you or someone you know has debts that have been passed on to a bailiff, you don’t have to let them into the property. It’s best to try to negotiate through the door or an open window.

They can’t break into the property unless they’ve gained ‘peaceful entry’ through an unlocked door or they’ve been invited in on a previous visit. This is called ‘walk in possession’ and once they have this they can use force to enter again in the future.  

If a bailiff enters the property, they won’t take goods on the first visit. They’ll usually make a list of items of value which they can take further down the line. This is called a ‘levy’, but they’re not allowed to take items that don’t belong to you, are required for your trade or belong to children. Once they’ve listed items it’s an offence for you to remove or hide any of them.

There are always fees involved with bailiffs, depending on the type of debt that’s being collected. All bailiff fees (with the exception of magistrates' court bailiffs) can be examined by the county court to see if they are reasonable or excessive.

No matter what, if there’s a warning of bailiffs it’s definitely the time to get free debt help as soon as possible so that you’re aware of your rights and you don’t get bamboozled with the bailiff jargon.