When you have a debt that is secured against your goods and belongings, a bailiff can come and take these away from you, should you be unable to pay off the debt.

A bailiff is someone who is in charge of collecting debt from you on behalf of Creditors.

No, all the rules and regulations that are on the rest of this page relate to all types of bailiffs.

Bailiffs can only enter your home if you give them permission to enter. They cannot enter by force e.g. breaking a door down, pushing you or anything aggressive like that.

Yes, if you leave your any door in your house unlocked, a bailiff can enter. This is what is known as a ‘peaceful entry.’

As mentioned, it has to be a form of peaceful entry via a door. A bailiff cannot use other means e.g. a window to enter.

They must give you seven days notice before their first visit. After this, they are not required to give notice for subsequent visits.

Bailiffs can only turn up between 7am and 9pm.

To use a bailiff, creditors must obtain a “warrant of execution”. This does not mean you have to let bailiffs in.

Bailiffs will not cause any harm to your children or disabled people in the house. In fact, bailiffs cannot enter a home if the only people who are present are children and vulnerable people.

If you refuse entry, they cannot come in. However, they can still take belongings from outside your house, such as your car.

You must check their identity. Ask for their badge, the company they’re from, including a contact number and ask them questions about your debt. Only let them in when you are satisfied.

The best way is to ask for a contact number, which will usually be of the Court that sent the bailiffs.

If they are not from a Court, they need to be from one of the following companies:

Swift Credit Services Limited

Marston Holdings Limited

Compliant Date-Led Engagements and Resolutions Group

Excel Civil Enforcement Limited

Don’t feel rushed or pressured. You can keep them waiting at the door as you ring the Court or one of these companies to make sure they are who they say they are.

If you have the money to pay the debt, it is highly recommended to do so as the bailiff will no longer bother you. You do not have to let the bailiff into the house. You can pay them at the doorstep.

You have two options. Either enter into a controlled goods agreement with the bailiff or the bailiff will remove your belongings so that they can sell it to recover the debt.

It is like a debt repayment plan made between you and the bailiff.

You need to calmly and politely discuss with the bailiff how much you can afford to pay towards your debt every month.

They might make a counteroffer or want to know the justification behind your proposal. If you have the means, show them any budgeting tool or sheet you have prepared or simply verbally explain what your essential costs are and break down how you calculated your repayment plan.

The bailiff will do a stock take of your house. They will want to see what in the house is yours that they could potentially take to recover debt, if you fail to keep up with repayments,

The bailiffs will make a list. Make sure you have seen the list so you know exactly what is on the line. Remember, they can only take your belongings, not your partners, parents, siblings etc. If there is a dispute about the ownership of an item in the property, you will have to prove it’s not yours.

Like any agreement, it is a document that you need to sign.

Read over the document to make sure the details are correct, especially the amount of debt that is reported on it, your correct name and address, the type of repayment plan you have agreed to, the list of possessions a bailiff could take and the bailiffs own costs.

No, there is not. You decide the amount to be paid based on your affordability. Unlike most other types of debt repayment plans, you do not need to pay monthly, you could even agree to pay weekly or fortnightly – it’s whatever is suitable for you, provided you can convince the bailiff that it is a plan you can commit to.

In an ideal situation, yes. However, if you cannot meet the full debt and only a part of it, you will have to let the bailiffs know and explain and prove why this is the case.

The bailiff fee is one aspect that is dependent on the type of bailiff you are dealing with. This is split into two categories: High Court and non-High Court bailiffs.

By reducing the amount visits required. You can do this by a) paying off the debt or b) agreeing to a controlled good agreement.

You may be charged disbursement costs. Your bailiffs may charge for the following:

The cost of advertising and selling your goods.

Court fees.

Storing your belongings after they were taken.

7.5 per cent fee for any money made through an online auction.

The cost of a locksmith if the bailiffs were allowed to use force to enter your home.

Make sure you keep the receipts for all of these.

There are two things you can do. The first step is to let your Creditor know (i.e. the person who hired the bailiffs) to have the fees cancelled/amended. If that does not work, you can go to Court.

For some debts a bailiff may be able to force entry. Force entry does not mean breaking your door down but bringing a locksmith with them to unlock your door.

Bailiffs can serve arrest warrants, typically arrest with bail, which means you simply have to appear in court at the appointed time.

Yes, you can get it back before the bailiffs sell those items by paying the debt or agreeing to a controlled goods agreement.

There is no specific time period but when they do decide to sell it, you’ll get seven days notice.

This period is your last chance to claim back your items.

To nobody specific, usually at an auction.

In theory, yes, but chances are you cannot afford to take part in auctions given the situation you are in.

It’s much wiser to come to an agreement with your bailiffs before it gets to the auction stage.

The bailiffs have 12 months to sell your belongings, if they can’t, you can go and collect it off them. This will also exempt you from any bailiff fees.

28 days.

What happens to your belongings is at the bailiffs discretion. They may destroy it or simply give it away to charity.

The debt still stands. You’ll have to continue working with the bailiffs or the Creditors to sort it out via another method.

Yes, your bailiffs will let you know what was sold and for how much. They will also mention any fees owed to them.

If this happens, you can actually make a complaint because the bailiffs are only meant to take what they think will help cover the debt.

Anything extra will be given back to you.

Usually after 12 months, if no breakthrough is made, the bailiffs will cease their efforts to recover debt.

By either paying off the debt or entering into another form of debt solution.

Ask your creditor to either get the bailiffs to cancel the fees or return your money if you’ve already paid. You can make a complaint if,  for example, you’ve been charged the wrong fixed fee.