Who's afraid of the big bad bailiff?

Similarly to the arrival on the doorstep of hit man Martin Q Blank in the film “Gross Pointe Blank”, if a bailiff turns up at your door, the chances are you did something to bring them there.

What is a bailiff?

A bailiff is authorised by the court to collect monies owed, generally following a court order, and they are authorised to remove and sell a company’s or a person's possessions in order to repay the monies owed.

There are different types of bailiff such as court bailiffs, certificated bailiffs and private bailiffs. For more detailed information concerning the differences between a bailiff and an enforcement officer, you may wish to check Her Majesty’s Courts Service.

Debt collectors are not court officials and they do not have the same powers as bailiffs. Debt collectors cannot enter your home or company premises or seize your possessions. However, they must adhere to the Office of Fair Trading debt collection guidance.

When will creditors employ a bailiff?

A creditor may make a claim against you in the County Court, know as a County Court Judgement or CCJ. The issue of a CCJ requires you to repay the debt.

A bailiff may be employed to help recover the debt if the creditor asks the court to issue a “warrant of execution”. Often HM Revenue & Customs or the Local Council Tax department may send a bailiff to recover monies owed to them.

In the case of commercial rent, the landlord does not require a court order to recover the monies owed. A certified bailiff can collect the monies owed on behalf of the landlord by “levying distress”.

Bailiffs are human, too, and simply trying to do their job. However, if you don’t know what their job is all about, you may inadvertently leave the door wide open to them …..

Can bailiffs force entry?

Bailiffs can call at any time of day or night, but they usually keep reasonable hours, for example between 8 am and 8 pm.

A bailiff is not permitted to force entry past you, prevent you from closing the door or walk in as soon as you open the door. Bailiffs do not have automatic right of entry unless you invite them in.

So, they may huff and they may puff but they can’t blow your house down.

You should note that any person can permit entry to a bailiff; they don’t have to be a person of authority or the indebted party.

Once a bailiff has been granted entry, they have made “peaceful entry” and can enter the premises on subsequent occasions through the use of “reasonable force”.

Peaceful entry can also be gained through an open door or window so ensure that premises are kept secure at all times.

You may be surprised to know that if commercial rent is owed, a bailiff can lawfully break in to the premises and change the locks, known as “forfeiture”. This is not the case for unpaid residential rents.

Additionally, bailiffs trying to recover money owed to HM Revenue & Customs are permitted to break into your property, provided that they have a magistrate’s warrant. Furthermore, bailiffs recovering unpaid magistrates’ court fines do have the power to force entry.

For every visit, the bailiff’s fee and expenses will be added to the debt that you owe. You can ask for details of these fees at any time and you are permitted to dispute them.

Dealing with bailiffs

If a bailiff pays you a visit, you may want to consider negotiating payment of some or all of the debt so that they don’t take any of your possessions. Subject to legal and contractual restraints, bailiffs may be able to negotiate settlement of the outstanding sum. However, you should only enter into negotiation and make an agreement if you are able to stick to it.

If you make a payment to the bailiff, make sure you are given a receipt.

If you are unable to pay the debt and the bailiff is required to seize your possessions, they are not permitted to take essential items such as clothing, bedding, cookers, fridges, most furniture and tools of your trade. Items considered to be non-essential including televisions, motor vehicles, or garden equipment, may be taken in consideration for the debt owed.

Sources of advice

If you have received a visit from a bailiff or are struggling to repay your debts, you may wish to contact one of the following organisations:

Community Legal Advice
Citizens Advice Bureau

Or perhaps a specialist insolvency firm or debt adviser such as:

Chamberlain & Co
The Debt Helpline