If the bailiff cannot get payment, get into your house or seize any goods from outside your house they may refer your debt back to your creditor. Your creditor may then take court action, make you bankrupt, or in extreme cases, file for imprisonment.
They'll normally leave if you refuse to let them in - but they'll be back if you don't arrange to pay your debt. It's important to do this as quickly as you can, otherwise the bailiffs can add fees to your debt. You can complain if the bailiff won't leave and you think they're harassing you.
Don't ignore the letter - this is called a 'notice of enforcement'. If you do the bailiffs can visit your home after 7 days. As well as collecting payment for the debt they can charge you fees so you could end up owing more money.
Most bailiffs can only enter residential property through a door, in a peaceful way, with your permission. There are exceptions: bailiffs collecting tax debts or criminal fines may try to enter your house with the help of a locksmith.
Dealing with bailiffs
You usually do not have to open your door to a bailiff or let them in. Bailiffs cannot enter your home: by force, for example by pushing past you. if only children under 16 or vulnerable people (with disabilities, for example) are present.
If your council has passed the debt on to bailiffs then you may still be able to negotiate with the council. They may agree to stop the bailiffs' action and accept a repayment plan. If they do, you will avoid having to pay bailiffs' fees. You may also be able to negotiate a repayment plan with the bailiffs themselves.
After 90 days after being given the warrant or liability order. If after 90 days, the bailiff cannot recover the debt, or cannot find the debtor or his vehicle, the bailiff is under a contract with his firm to return the enforcement power.
A bailiff can visit your home up to three times.
However, if you're not there to answer the door the number of times could increase. After three visits further legal action will be taken against you.
If the bailiffs come into your home and you can't afford to pay your debt you'll normally have to make a 'controlled goods agreement'. This means you'll agree to a repayment plan and pay some bailiffs fees.
Check if bailiffs should treat you as vulnerable
you're seriously ill. you have mental health problems. you have children or are pregnant - especially if you're a single parent. your age makes it hard for you to deal with bailiffs - usually if you're under 18 or over 65.
—(1) Subject to paragraphs (2) and (3), the enforcement agent may not take control of goods of the debtor after the expiry of a period of 12 months beginning with the date of notice of enforcement. The creditor may be able to obtain a fresh warrant depending on the debt.
For most debts, the time limit is 6 years since you last wrote to them or made a payment. The time limit is longer for mortgage debts. If your home is repossessed and you still owe money on your mortgage, the time limit is 6 years for the interest on the mortgage and 12 years on the main amount.
If you think bailiffs could take your vehicle you should move it somewhere safe while you sort out the debt. Bailiffs can only clamp your vehicle if they find it parked at your home, business or in a public place like a road or car park.
They can't take goods into control just by seeing them through your window or letterbox. Their main target will be motor vehicles, electrical goods, jewellery and furniture, but they'll be interested in any goods which can be sold easily for a good price at auction. Bailiffs can't take everything.
If you ignore a CCJ, it won't go away. It'll be recorded on your credit file for six years from the date it was issued, and you're at risk of further action being taken to recover the debt if you don't pay it.
After six years, your CCJ will be removed from your credit report, so lenders won't be able to see it when they're deciding whether or not to lend you money. When the CCJ is removed, your credit score should go up too – making you an all-round stronger applicant for future finance.
Owing money to your bank
Banks can invoke something called 'Right to Set-Off' and this means they can take money out of any savings or current accounts that you have with them and put it towards your unpaid debts.
Bailiffs do not need to show a warrant on paper, or a 'wet signature' warrant. It can be shown on a device, and you can take a picture of it using your phone.
Does bailiff action affect your credit rating? - No it doesn't. If the debt being recovered by bailiffs are council tax, NDR, parking and motoring fines, or court fines then it does not affect your credit rating. A credit score is an assessment of your ability to repay money you borrowed, in other words - credit.
A locked gate is the same as a locked door, bailiffs cannot break entry to any residential property unless the bailiff has a warrant of possession (evisting tenants). Bailiffs cannot climb over locked gates or fences, only enter by usual means, Regulation 20 of the Taking Control of Goods Regulations 2013.
What times can they visit? In practice bailiffs should not come before 6am, after 9pm, on Sundays and bank holidays, or on specific religious festivals. If they do, this could count as harassment.
Can a bailiff clamp a car that is on finance or hire purchase? Yes he can. In fact, if the vehicle is located on a highway he has no choice but to do so.
If you have moved a bailiff may take the law into their own hands and try to trace your new address if they have discovered you are no longer living at your previous address.