Bailiffs Role in Debt Cases

Bailiffs have a very specific role for the courts, distinguishing them from other ordinary ‘debt collectors’ commonly employed by Debt Collection Agencies. Debt collectors simply cannot act like bailiffs by law (and it is not necessary to engage with them if you do not wish to).

If a court has issued a County Court Judgement (CCJ) against you because you owe money to an institution, a bailiff may represent the court to try to recoup some of the debts. A warrant must be issued by the court before a bailiff is allowed to visit your home.

A common myth is that if required they can force their way into your home – in reality, they are only legally allowed to enter using ‘peaceable’ methods. In practice this could be through an unlocked door or window. They certainly are not allowed to force their way in through locked doors or windows, or somehow insist they come in should you answer the door and not grant them access.

If they do enter the house, their first step is to create an inventory of items which belong to you, that can be taken should the debt remain unpaid. Be aware, this can include items you jointly own, but never anything that does not at least partly belong to you. This means anything rented or on HP is exempt.

Their inventory cannot include items for your family’s everyday living needs; including any items (including vehicles) which you reasonably need to carry out work. They also cannot take any fixtures or fittings.

Frequently, the option is given to sign a ‘Walking Possession’ order, giving you five days to pay the debts in order to keep any items on their inventory.

However, it may also be possible to offer to make a payment towards some or all of the debt immediately, which may mean they agree to leave without further action. Make sure you always obtain a receipt in such circumstances.

Legal Avenues to Stop Bailiffs

It may be worth contacting the creditor with a repayment offer. Providing the debts the bailiff is being instructed upon are subject to County Court action, form ‘N245 - Application to Suspend the Warrant’ can be used to try and suspend their actions. You need to make an offer of payment and enclose the fee. We recommend you contact our team to get proper advice and perhaps help you formulate realistic offers.

Special Circumstances

Unpaid magistrates court fines or substantial debts owed to HMRC are two circumstances in which the law allows bailiffs to gain entry into your home by force. In practice these are very much last resorts rather than routine operations. In all cases, call our team for free, expert and confidential advice on the best way forward.