FAQs

Bailiffs work on behalf of the courts to collect unpaid debts. Bailiffs deliver paperwork on behalf of the council or creditor.

There are four types of bailiffs who at according to the type of debt being collected:

Private- They can be employed by a private firm, self-employed or employed by another organisation. They can collect council tax arrears, unpaid parking fines and money owed to HMRC.

County Court- These bailiffs are directly employed by the County Court to collect unpaid County Court Judgements (CCJs).

Sheriff/ High Court Enforcement Officers- They work within geographical county areas and are contracted by the High Court.

Magistrates Court Bailiff- They work for the Magistrates Court and mainly deal with money that is owed in criminal offences.

Bailiffs are instructed to collect a debt/seize goods on behalf of creditors when you fail to pay and the debt is passed to the courts to enforce.

Bailiffs can seize goods for unpaid debts such as council tax arrears, child maintenance arrears, national insurance, HMRC, and County or High Court debts.

Bailiffs have the powers to repossess your property or take your possessions and sell them and giving the proceeds to your creditor to pay back what you owe.

 Bailiffs can only take goods if you let them into your home. Bailiff Helpline strongly advise you do not let them into your home.

If you have received a ‘notice of enforcement’, you will then have seven days to initiate preventative measures. Failure to do so will mean that bailiffs may then pay you a visit at your home or business address at any point in the following 12 months.

 When you receive a ‘notice of enforcement’ you need to take action quickly.

Primarily, no, bailiffs are not allowed to use force without a court warrant, so can only enter through an unlocked gate or door, or if someone in the house over the age of 16 allows them entry.

However, it all depends on the type of debt they are collecting. Bailiffs do have the power to obtain a warrant for them to forcefully enter a premise, allowing them to break doors to gain entry.

The following situations include when a bailiff can force entry:

• Collecting unpaid fines – if they have a Magistrates Court warrant, they can force entry, whether they have been in your home before or not.
• They have previously gained peaceful entry – if they have previously been in your property before by means of ‘peaceful entry’, they can force entry on a second visit if you do not let them in.
• County Court bailiffs and commercial property – if there is no living accommodation attached to the commercial property then they can force entry, otherwise they need permission from the court to enter.
• Collecting VAT or income tax – they need to have permission from the court to enter forcefully and can only do this is they have failed at previous attempts of a ‘peaceful entry’.

If you are not home when a bailiff visits, they will attempt to gain ‘peaceful entry’ if a family member is in or if you leave any doors or windows open, they have the right to enter through them, as long as they use ‘peaceful’ means.

If they can’t gain entry, they might look through your windows and make a list of goods that they intend to seize and leave a letter to inform you they attempted a visit.

They may force entry if they have been before or if collecting VAT or unpaid fines of a criminal nature.

Bailiffs can only seize your belongings when they have the suitable written authority, e.g. a court issued warrant.

 If you are willing to let them into your house and take items, or are able to pay the bailiff then first ask to see proof of their identity, e.g. ID or badge and detailed paperwork, issued warrant and breakdown or their charges.

The items bailiffs can take from either a business or residential premise is limited. They can only take items that can be sold at auction, for example, televisions, consoles, tablets, jewellery, office equipment, machinery and vehicles (if not on a hire purchase agreement).

My Bailiff Helpline strongly advises you not to let them in but if you do, they may take some of your belongings. They can’t take anything that is attached to the wall, clothing, bedding, fridge, cooker, goods needed for your basic household needs or someone else belongings, such as your partners computer as long as you can prove it doesn’t belong to you.

Bailiffs can charge fees for visiting your property which will then be added on to the debt you already owe. These fees don’t differ depending on the type of debt you owe, the only difference in bailiff costs is when a High Court bailiff is involved; these charges are higher.

Bailiff fees:

• Compliance stage £75 (plus an extra 7%)
• Enforcement fee £235 (plus 7.5% if over £1500)
• Sale/Disposal fee £110 (plus 7.5% if over £1500)

High Court bailiff fees:

• Compliance £75
• First enforcement stage £190 (plus 7.5% if over £1000)
• Second enforcement stage £495
• Sale £525 (plus 7.5% if over £1000)

Bailiffs, High Court Enforcement Officers (HCEO) and debt collectors are different roles, but essentially, they all have the same purpose: retrieving a debt on behalf of a creditor. They can all visit your home but have different powers when it comes to entering your premises and taking your goods.

 HCEOs act on behalf of the courts and can force entry but only after exhausting all other options. Debt collectors do not hold the same power as they can’t actually seize any goods but are used more by creditors as a technique to try and intimidate people into settling their debts.

You are well within your right to make a complaint about a bailiff if they haven’t acted in a professional manner or broken the law. You should first speak with the creditor who instructed the bailiff, this is most likely your local authority or County Court.

If the bailiff has been employed by a private company, you should log your complaint with that company.

If the complaint still isn’t resolved, then you can take the matter to the bailiffs’ professional or trade organisation. They have the power to discipline the bailiff and award compensation where necessary.

We would recommend seeking professional advice if you choose to take your complaint to this level.

Contact Bailiff Helpline on 0161 660 7255 for free advice about how to deal with bailiffs. 

Open and read the letter. If a bailiff does come round, ensure all windows and doors are locked, do not let them in and never sign any paperwork that a bailiff puts in front of you.

Police Officers do not help bailiffs in any way to enter your home. Sometimes bailiffs call the police but this can only ever be to prevent a breach of the peace. If you feel intimidated by bailiffs you are well within your rights to call the police.

A controlled goods agreement is a contract used between a bailiff and a debt, allowing the debtor to retain the right of use of their goods in return for a promise that they will pay the debt according to the agreed payment schedule.

A valid controlled agreement must comply with the following:

• Signed by the debtoror person authorised by them
• Signed by the bailiff
• The debtor mustunderstand it
• The debtorsname and address
• Thedate of the agreement
• Thenames of the persons entering the agreement, the debtor and the bailiff
• Contact phone numberfor the bailiff company
• Thehours of operation for the bailiff company’s contact number
• Description of the goodslisted, including manufacturer model and serial number, if a vehicle, the registration, colour and description
• Aschedule of the payment terms the debtor must make to pay off the debt
• If the goods is a vehicle parked on the road, (a highway), the bailiff must leave a”notice after entry, and/or taking control of goods on a highway”