Bailiffs now like to be referred to as Civil Enforcement Agents.

For most people with unsecured debts, the law is on their side. This is because under the Consumer Credit Act 1974, you are only required to pay back what you can realistically afford once all your essential living expenses and personal circumstances have been considered.

If bailiffs have become involved, then the law is on the side of whomever money is owed to. This is because the non payment has gone to court, a judgment has been made and the debtor is still not making repayments under what the court considers to be affordable and reasonable terms.

If you're being visited by bailiffs, of course you have rights as to how they conduct themselves, but you must face up to the fact that your are about to lose some possessions or must start repayments very soon.

Advice contained here can offer you some protection, but only a appeal against a judgment or the commencement of repayments will stop the debt being repaid by means you are not in control of.

Bailiffs & access to your home/premises

Peaceful Entry

Bailiffs will not arrive at your door without warning - you should be given 7 days notice to allow you a final chance to reach settlement.

You do not have to allow a bailiff into your home/premises. Bailiffs cannot use force to gain initial entry to a property. Walking in through an unlocked door or climbing in through a window without causing damage in classed as peaceful means.

Forced Entry

Forcing their way past you at your door is not allowed for debts relating to unsecured lending. Once in your home, a bailiff can use force to open internal doors and cupboards.

If a bailiff has previously accessed your home be peaceful means, they are entitled to force entry on subsequent visits in respect of the same debt.

Denied Entry

If you refuse the Bailiff entry indefinitely, the warrant will be returned to the court. This means Bailiffs are saying they have not been able to get payment. The court will then take other means to settle the debt, such as an attachment of earnings order or stopping the money directly from your benefits.

Bailiffs & Removing Items.

Items bailiffs can't take

Once the bailiff has gained access, they can seize any goods belonging to the debtor with the following exceptions:

• Items or tools used in self employment/business by the debtor.
  This can include vehicles and computing equipment.
• Household equipment and provisions necessary for the basic domestic needs of the debtor and their family.
  This includes clothing, bedding and furniture. Bailiffs can take video recorders, DVD players, second TV's, jewelry, washing machines, Hi-Fi and microwave ovens.
• Items Rented or on Hire Purchase (as technically these don't belong to the debtor).

Joint Ownership

The bailiff can take goods which are jointly owned by the debtor and another person or persons, but if they are sold they must pay the other parties their share of the money. If proven, it is not likely the bailiff will remove jointly owned goods. The onus is upon you to prove joint or non-ownership.

Walking Possession Agreement

The bailiff can remove goods immediately, and will usually do so in the case of vehicles. More commonly, they will leave the item on the premises, asking you sign a walking possession agreement. This lists items marked suitable for removal. To list items, the bailiff must have access. They can't list items viewed though a window.

The bailiff is now in control of the listed goods but is leaving them on the premises allowing for continued usage. You will have a short period of time to come to an agreement to pay the arrears, typically 5 days, before the bailiff can return to remove the goods to sell at public auction.

Hiding Possessions

You can remove or hide possessions before the bailiff arrives, however once inside your home/premises, they are entitled to search for them, using force if necessary. The bailiff can not take items from someone else's premises/home. Removing, hiding or selling items subject to a Walking Possession Agreement is an offense.

Making offers to Bailiffs

It is advisable to offer whatever payment you can afford to the Bailiff. However, do not let them into your premise/home to do so. Close your door and ask them to wait outside or in their car. Make sure you get a receipt for any money paid.

Seizing goods of greater value than the debt

Goods are seized with the intention to be sold at public auction. Typically this will attract a sale price of about 10% of their 'as new' value. Therefore, the bailiff will try to seize goods of round 10 times the 'as new' value of the outstanding debt.

You would be better off selling the items yourself before the bailiff arrives and using the proceeds towards the debt. This way you'll have more choice as to what you keep and what you lose and are likely to be able to achieve a fairer better price.

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