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What can bailiffs do to you?

lovemoney staff
by Lovemoney Staff lovemoney staff on 05 October 2012  |  Comments 16 comments

If you're in the unfortunate position of facing a visit from the bailiffs, make sure you know your rights.

What can bailiffs do to you?

There are different kinds of bailiffs. In England and Wales there are bailiffs and enforcement officers. In Scotland they're known as sheriff officers and messengers-at-arms (although the latter are also sheriff officers). But, for the purposes of this article, let's just call them all bailiffs. So what can they do to you?

Note that a different system operates in Northern Ireland and there's more information about this at the nidirect website.

If your creditor sends a representative to your door

It's important to distinguish between a bailiff, who has authority from a court, and a creditor's representative or debt collector, who doesn't. (A 'creditor' is a person, company or council that you owe money to.)

If you have a visitor, ask to see their ID and their warrant from the court. Only a bailiff will have a warrant. If it's merely a company representative or debt collector, you're not obliged to let them in and they don't have the right to enter your home.

If they won't take no for an answer, tell them that you have asked them to leave and if they remain then they are trespassing and you will call the police. If they remain, do so.

This time it is a bailiff at the door. What can they do?

If your creditor gets a court order, the judge can authorise bailiffs to visit and attempt to collect the debt. (In Scotland, a judge doesn't need to authorise bailiff visits for council debts.) You will know if you can expect bailiffs, because you should have received notice in writing.

If they call and you are not in, they will generally leave you a letter to say they have been and will leave you a number to call them on. You should call them and try to make an arrangement to pay the debt.

What can they take?

Bailiffs can take non-essential items, but they can't take essentials such as your oven, fridge, clothes, most furniture and reasonable tools of trade. They can take items such as TVs, DVD players, games consoles and possessions outside your home, such as your car, garden furniture and shed contents. What bailiffs can't take is set out by statute (law).

Can they force their way in?

In England and Wales, the basic rule is that unless the debt that you owe is a Crown debt (such as an unpaid fine, Income Tax or VAT), a bailiff does not have a right to force entry.

However, there are exceptions. If you're behind with your rent or mortgage payments, your landlord or mortgage lender may get a court order to evict you. In this situation, the bailiffs are allowed to break into your home.

You're not obliged to invite the baliffs in and if they try to force their way in, you should call the police. You should try and pay something (make sure you get a receipt if you do) or offer to pay them in future.

Be warned: some enforcement officers have produced a piece of paper, saying something along the lines of "OK, if you just sign this to say I can't come in, I'll go". What they will be asking you to sign is a walking possession order. If you sign this, then they can return at a later time and they can force entry then.

In Scotland, if a sheriff officer has authority from a court to enter your home you are breaking the law by refusing to let them in. In these circumstances, they can use 'necessary reasonable force' to enter.

Dirty tricks

Experiences reported by lovemoney.com users in England and Wales include bailiffs:

  • Peering through windows to log your possessions
  • Entering through open windows and unlocked doors, and scaling walls
  • Taking vehicles
  • Attempting to 'befriend' you, or asking to borrow your phone

These are all tricks to gain entry. Once inside, they can force their way into the home next time they visit.

What you should do

  • Contact your creditors before bailiffs get involved, if possible. Offer them something, but no more than you can afford, regardless of how little that is. Always follow-up phone calls with your offer in writing.

If you live in England or Wales:

  • Don't answer the door to bailiffs. Ask them to leave their card and say you will make an offer in writing.
  • Keep your curtains and windows shut, and your car parked away from your property.
  • If you get a court summons, always attend to get your case across. If you've made a reasonable offer within your means and kept written evidence of this, the judge may even reduce what you have offered to penalise the creditor for wasting the court's time.

This article was compiled with help from lovemoney user SON1C

More help with dealing with debt

Where to get free debt advice

Four ways to clear your debts

The eight biggest debt myths

Our Dealing with Debt blog

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Comments (16)

  • reidy123
    Love rating 0
    reidy123 said

    if any one comes to your door in scotland claiming to be the sheriff i would ask them to go and have a look at the bankrupcy and diligiance scotland act 2007 abolition of offices of messenger at arms and sheriff officer it appears they are claiming to be a sheriff when there is no such title and trying to extort money or goods from people. i think the government should do more to protect the public from criminals like that but then i suppose they would need to lock themselfs and the bankers up (normaly who sheriff, bailiffs collect for) i would not hold my breath for that to happen . its a sad state of affairs when a country does not protect the most vulnerable people in society form the greed and arrogance of others

    Report on 26 October 2012  |  Love thisLove  0 loves
  • Doug627586
    Love rating 2
    Doug627586 said

    I have to say I am appauled at the comments made by 'Extremist' on 9th October.

    Clearly this moron has never had to suffer the way many are in this country now. My employer is exactly the same. They plead poverty, despite the fact that they pay themselves over 10 times the salary they pay me. That is not to mention the company financed cars and homes they have.

    I have, over the last 3 years, been made redundant a number of times. Unfortunately, because I had changed careers shortly before my first redundancy, not one of the jobs paid me any kind of redundancy money, so I was just dumped onto benefits.

    Because in my early career, I had worked and saved hard, I had bought a home (with a mortgage). This seemed like a good move at the time, but after going through as many redundancies as I have, and just accepting any job, even if the wages are minimal, it does mean that every penny I earn, has to go towards my bills. I don't have holidays, new cars, gym memberships, club membership, football season tickets or even enough money for a half of lager at the weekend. This still leaves me short when I attempt to pay my bills each month.

    I bought my house 8 years ago, when I was earning £8000 a year more than I do today. Energy bills have risen astronomically, food bills continue to rise, and don't even mention fuel costs for my 1992 car. My meagre salary simply doesn't meet todays living costs, and people like 'Extremist' are complaining that some of his customers haven't paid him! He needs to walk a few miles in my leaking shoes. Perhaps then he might be a bit more understanding.

    My only comfort is that I am the (and I quote) ****hole, who sits in his house, watching his nice new 50" plasma TV, curtains closed, pile of bailliffs' letters unopened on his doormat, while the bailliff shrugs his shoulders outside and says "Nothing I can do mate".

    Oh. Wait a minute, I do not have a 50" plasma TV. I have an aged 28" CRT TV with a remote that does not work. Still, at least the excercise I get from getting up to turn the TV over makes up for the gym membership I cannot afford.

    'Extremist' , Get a clue. The whole world does not revolve around you and your silver spoon up your ar5e existance. There are a lot of people out side your mansion who are really suffering. I do not count myself amoungst them, as I know there are many who are a lot worse off than me. I am grateful, I have a home, and a loving wife and son. In many ways, I consider myself amoungst the richest in this land, as many do not even have these basic things. Its about time people like 'Extremist' startied opening up their eyes to the misery they are causing others.

    Sorry about the rant everybody (except 'Extremist'), but people like him/her really p155 me off.

    Report on 21 November 2012  |  Love thisLove  0 loves

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