What is a bailiff?
A bailiff is an authorised individual who collects the debt on behalf of a creditor, someone legally owed money. They can either request immediate payment of the debt or seize the debtor’s goods and sell them at an auction to cover the debt (UK Parliament).
For debts associated with an individual’s property, a bailiff will visit your home if they have a court order authorised from courts. Bailiffs are required to give seven days’ notice before they first visit a debtor’s property (known as an enforcement notice).
A debtor does not have to let bailiffs into their home when they knock on the door, nor are they allowed to push past an individual to gain entry or jam their foot into a door to prevent it being shut.
Bailiffs are only permitted to enter the property without force using a standard means of entry, such as entering through an unlocked door, gate or garage.
Receiving a letter from bailiffs
The first contact an enforcement agent will make with you is by letter. It’s important to contact the agent immediately to avoid any further changes. Failure to respond to the agent will lead to an in-person visit to your home to seek possessions of your property.
By contacting the enforcement agent, an option is to arrange payment for the amount owed to the lender. Contact Fast Cash Houses urgently on 0800 088 7522, we can attempt to stop the Bailiffs from visiting your home and seeking possession of your property.
What are the types of bailiffs?
County court bailiffs
County Court Bailiffs are employed bailiffs of the County Court, they typically enforce small claims under £600 as well as bank repossessions.
Certificated enforcement agent
These agents are authorised by a local court to enforce Warrants of Control for commercial rent, parking offences & Liability Orders for Council tax and business rates. They also enforce Writs of Control which is authorised by a High Court Enforcement Officer.
High court enforcement officer
A High Court Enforcement Officer has various responsibilities, involving sending a Bailiff to:
- Enforce High Court judgments
- Enforce County Court judgments over £600 that have been transferred to the High Court
- Enforce Employment Tribunal and ACAS awards.
- Enforce Orders for Possession for the recovery of property, including land
- Enforce Orders for Delivery to repossess specific goods
Preparing for a bailiff visit
Bailiffs are likely to visit your home due to:
- Missed mortgage payments
- Coming the end of your mortgage term
- Outstanding charges on your property
- Missed payments on financed purchases
Dealing with bailiffs
In the unfortunate case, all measures to prevent Bailiffs from attending your property fail, it is best to be well prepared for their visit.
We recommend asking for proof of identity such as a badge, ID card or enforcement agent certificate, the company they’re from along with a telephone contact number and a detailed breakdown of the amount owed.
They should also have with them a High Court ordered entitling them to take possession of the property. If one or more of these are not provided, you are not obliged to cooperate or let them in your home.
Allowing bailiffs into your home
Typically, you do not need to open your door to a bailiff or allow them entry to the property. They’re unable to enter your home under the following conditions:
- Using force
- Children under 16 or vulnerable people (with disabilities) are present
- Between the hours of 9pm and 6am
- Through anything anything except the door
What powers do bailiffs have?
As representatives of the court, bailiffs have special legal powers when it comes to debt recovery and in certain circumstances can enter a debtor’s home and seize assets to sell at auction. Bailiffs do have the power to obtain a warrant so they can forcefully enter a premise, allowing them to break doors to gain entry.
The first visit of a bailiff will generally see them entering a debtor’s home and begin compiling a list of assets to place under their control. They can then take these items with them or leave them with the debtor to collect at a later date if the money owed is not repaid.
Bailiffs can take items such as jewellery, vehicles or electronics. They cannot take items that are needed for living purposes or work purposes, such as bedding, furniture or tools of the debtor’s trade.