If you have an unpaid debt, you may receive a letter advising you that bailiffs, also known as enforcement agents, will be coming to your home to collect payment.
You are strongly advised to take action if you receive this type of letter, which is an official notice of enforcement, as bailiffs can call on you seven full days (excluding weekends and bank holidays) after the letter has been delivered to you.
If bailiffs gain entry to your home, either you have left a door unlocked or you let them in, they can take your property to cover the debt. If they are not able to gain access, they can take property from outside of your home, such as your car.
You should contact the bailiffs and arrange to make payment of the debt wherever possible. If you cannot pay the whole amount, you can ask to pay in instalments.
The Difference Between a Bailiff and a High Court Enforcement Officer
A bailiff is employed by the HM Courts and Tribunals Service, and like an enforcement agent is usually authorised by the county court and is often used to recover debts of up to £5,000.
Bailiffs may also be certified enforcement agents or civil enforcement agents but not employed by the courts.
A high court enforcement officer enforces high court orders as well as county court orders that have been transferred to the high court for enforcement. They have more powers than a bailiff or enforcement agent and can recover higher levels of debt. High court enforcement officers are privately employed and generally paid according to the results they achieve, meaning they can have a higher level of motivation.
For more information, see high court enforcement officers - best practice.
Notice of Enforcement Letters
A notice of enforcement is the first letter you will receive from bailiffs, giving you a warning that they intend to visit your home to collect payment of a debt.
A Bailiff’s Right of Entry
Bailiffs cannot force entry to your home unless the debt owed is a criminal fine or unpaid tax or Stamp Duty, although they can enter if a door is unlocked. You are advised to speak to them through a shut door or over the phone.
In some circumstances, they may be able to ask a locksmith to unlock your door so that they can enter.
Contact Us
If you have received notification that a bailiff will be coming to your property and you would like help dealing with the situation, our debt advice solicitors can speak to you.
Email us at info@witansolicitors.co.uk or fill in our contact form and we will be happy to help you. We have offices in Birmingham, Northampton, Wellingborough and London.
FAQ
How many times can a bailiff visit?
Bailiffs can call repeatedly until a debt is satisfied, either through payment or by taking away goods that will be sold to cover what is owed.
What can you do if bailiffs only want full payment?
You may be able to negotiate payment in instalments with the bailiff to avoid them taking away your possessions. You should contact them as soon as they write to you so that you can arrange to pay what you can afford.
Arranging payments early on can also reduce the amount you will need to pay by way of bailiffs’ fees.
How to stop bailiffs from entering your home?
The best way of stopping a bailiff is by dealing with the debt before they come to your home. Contact them to try and arrange a payment schedule and stick to this so that the enforcement action does not go any further.
If you need help working out how to pay, you can speak to a debt advisor for help.
What time can bailiffs knock on your door?
Bailiffs can turn up at any time, but can only carry out enforcement between 6 am and 9 pm unless they have an order from the court allowing them to attend at other times or if your possessions are at a business premise that trades outside of these hours.
They are also allowed to continue seizing goods after 9 pm if they are partway through doing this.
What do I do if bailiffs come to my house?
When a bailiff arrives, you should ask for their identification without opening the door. Check that they are a bailiff or enforcement agent and not a debt collector. Debt collectors do not have the same authority as a bailiff and you should ask them to leave, which they are then required to do.
A bailiff or enforcement agent should have a badge, ID card or enforcement agent certificate and should be registered on the bailiff’s register. High court enforcement officers should be listed in the high court enforcement officers’ directory.
If they cannot prove their identity and stand satisfactorily, you should ask them to leave and, if they do not, you can call the police.
Can a bailiff take away items that do not belong to me?
Bailiffs can take jointly owned items, but they can only retain the sale proceeds from your share of these. If some of the seized goods are with you under the terms of a hire purchase agreement, you should seek legal advice. In some circumstances, a bailiff may still be able to seize them, but this is not always the case.
Where goods are wrongfully seized, an application can be made for them to be returned.
How much will bailiffs charge?
You are required to pay the bailiff’s fees for collecting the debt that you owe, however, this must be reasonable and is generally fixed.
The fee for the initial notice is £75 if you speak to the bailiffs after receiving it and the matter is dealt with at that point.
At the next stage, when bailiffs visit your home, the fee is £235 plus 7.5% of debts over £1,500.
If goods are seized and sold, the fee for this stage is £110 plus 7.5% of debts over £1,500.
If you believe that the fees charged are excessive, you may be able to challenge them in court by asking for a detailed assessment of the amount you have been charged.
