Find out what to do when bailiffs visit your workplace and what rights you have in this situation
What is a bailiff?
A bailiff is someone authorised to collect a debt on behalf of a creditor (someone you owe money). Since 2014, bailiffs have also been known as enforcement agents.
You might receive a visit from the bailiffs if you have unpaid debts such as parking fines, Council Tax bills, or court judgements. Bailiffs might also turn up on your doorstep to serve you with court documents or a summons.
Even so, bailiffs shouldn’t turn up announced and should only visit your workplace under certain circumstances. You should also receive a letter of intention to visit in advance, giving you time to seek legal advice or impartial debt help.
When can bailiffs visit you at work?
If you’re an employee of a company, bailiffs should not visit you at your workplace. They can only visit properties where you live between the hours of 6am and 9pm.
However, if you’re a sole trader who works from home, they can visit any property where you live or work. Similarly, if you own a limited company, bailiffs can come to your business premises at any time between 6am and 9pm.
Any authorised bailiff visit should always come with warning; you or your business should receive a Notice of Enforcement letter at least seven days before the planned visit. As soon as you get this notice, consider seeking debt advice or speaking with the bailiff directly to negotiate a payment plan in advance.
What should you do if bailiffs arrive at your workplace?
No matter whether you’re a sole trader or the director of a limited company, bailiffs visiting your workplace must follow certain rules and regulations.
A bailiff cannot enter your workplace by force or by using any unorthodox entry points such as coming through a window or jumping the fence. In most situations, you’re also not required to let them in, and if you ask them to leave the premises, they must do so. You can ask to see their proof of identity, the name of the company they work for, and a phone number to ensure they’re acting legitimately.
Forced entry to your workplace can only happen if all three of the following occur:
- The bailiffs have taken control of the goods inside the premises
- You previously made a controlled goods agreements but have broken it by missing at least one payment
- They’ve given you two days’ notice that they’re going to inspect or take goods
Once bailiffs are on the premises, you can try to negotiate with them to find a way to repay your debts. You might be able to set up a new payment plan or make a partial repayment.
However, if you can’t reach an agreement, the bailiffs will start to make a list of goods that could be removed. This is known as a Controlled Goods agreement. Nothing will be taken straightaway, but any item included on this list must not be sold, removed, or given away before the bailiffs visit again.
What can bailiffs take from your property as an employee?
If you’re employed by a company, your personal assets and property may be at risk of being removed by the bailiffs. They will look to find items that could be sold at auction to cover your outstanding debts. This might include your TV, stereo system, jewellery, or even your car. However, they must not take any items that are essential such as your fridge or oven.
Any property that your employer owns should not be removed by the bailiffs. If you regularly take your laptop out of the office so you can work from home, for example, it’s not an item that you personally own and so does not fall under the bailiff’s remit.
On the other hand, if you have items that you purchased yourself but still need to do your job they also shouldn’t be taken. Any goods essential to your work are protected up to the value of £1350.
What can bailiffs take from your property as a sole trader?
If you’re a sole trader, your personal and business debts are both treated the same way. That means that bailiffs can remove any goods that aren’t essential to you doing your job.
Even so, if you have a work laptop, phone, or tools up to the value of £1350, these shouldn’t be removed as you won’t be able to keep working and trying to pay off your debts without them.
Bailiffs and limited companies
If you own or are the director of a limited company that has fallen behind with its debts, your business could receive a visit from the bailiffs. It’s important to remember that, unlike sole traders, business owners and limited companies are considered separate entities. As an owner or director, you usually won’t be pursued for business debts unless you’ve signed personal guarantees.
Once in your business premises, the bailiffs can only seize items that belong to the company, not those that you personally own, have rented, or have been bought using a hire purchase agreement. Money, stock, office equipment, and machinery are all up for grabs, even if the removal of these goods could damage the company and potentially force you out of business.
Even if they can’t enter your premises, bailiffs can take goods belonging to the company that they find outside, such as company cars or equipment.
Help dealing with bailiffs
If you’ve received notice of a bailiff visit and don’t know what to do next, consider seeking debt advice. An expert debt advisor could support you to negotiate a debt reduction, set up an affordable payment plan, or find a debt management solution that could help prevent future bailiff visits. The options available to you might include going into administration, setting up an informal debt management plan, or entering an Individual Voluntary Arrangement (IVA) or Company Voluntary Arrangement (CVA), which will temporarily prevent bailiffs from attempting to enforce your debt.
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