This article is from the source 'guardian' and was first published or seen on . It last changed over 40 days ago and won't be checked again for changes.
You can find the current article at its original source at http://www.guardian.co.uk/money/2013/jul/13/what-do-if-bailiff-comes
The article has changed 3 times. There is an RSS feed of changes available.
| Version 1 | Version 2 |
|---|---|
| What can you do if a bailiff comes to your home? | What can you do if a bailiff comes to your home? |
| (4 months later) | |
| What should you know when it comes to dealing with a visit from the bailiffs? | What should you know when it comes to dealing with a visit from the bailiffs? |
| When can a bailiff come to my home? | |
| If you have council tax arrears, the local authority can authorise the bailiffs to take your goods once a liability order has been made. They don't have to go back to the court for authorisation. | |
| Will I get notice of a visit? | |
| Generally, yes. If you have a liability order for council tax arrears, for example, the local authority must send you a warning letter at least 14 days before the bailiff's first visit. If you receive such a notice, do not ignore it. Get advice from an experienced adviser, for example at a Citizens Advice Bureau. | Generally, yes. If you have a liability order for council tax arrears, for example, the local authority must send you a warning letter at least 14 days before the bailiff's first visit. If you receive such a notice, do not ignore it. Get advice from an experienced adviser, for example at a Citizens Advice Bureau. |
| What times can they visit? | |
| In practice bailiffs should not come before 6am, after 9pm, on Sundays and bank holidays, or on specific religious festivals. If they do, this could count as harassment. | In practice bailiffs should not come before 6am, after 9pm, on Sundays and bank holidays, or on specific religious festivals. If they do, this could count as harassment. |
| What should I check if I am visited? | |
| Ask to see proof of their identity, a copy of the original court order saying you owe the money, and a copy of their authorisation to take your things away. Check the dates of the documents to see if they are still valid. | Ask to see proof of their identity, a copy of the original court order saying you owe the money, and a copy of their authorisation to take your things away. Check the dates of the documents to see if they are still valid. |
| Do I have to let them in? | |
| No. You can choose not to and they are not generally allowed to force their way in. There are exceptions, for example where the bailiffs are collecting income tax or VAT and have permission from the court. But they can get in without your permission if they can do so without using force, for example through an unlocked door or open window. This is called peaceful entry and once in by this method, they can break open the doors of other rooms. | No. You can choose not to and they are not generally allowed to force their way in. There are exceptions, for example where the bailiffs are collecting income tax or VAT and have permission from the court. But they can get in without your permission if they can do so without using force, for example through an unlocked door or open window. This is called peaceful entry and once in by this method, they can break open the doors of other rooms. |
| They can also force their way into other buildings on your property, such as a garden shed or detached garage, as long as they aren't attached to your home. And if you live in a flat, they may have the right to break down your door once they have got in through the main entrance to the block. | They can also force their way into other buildings on your property, such as a garden shed or detached garage, as long as they aren't attached to your home. And if you live in a flat, they may have the right to break down your door once they have got in through the main entrance to the block. |
| So do not open your door and keep windows shut if you know they are due; speak through the closed door. Politely tell them you are not going to let them in and that you will try to sort out the debt in another way. | So do not open your door and keep windows shut if you know they are due; speak through the closed door. Politely tell them you are not going to let them in and that you will try to sort out the debt in another way. |
| What if they force their way in? | |
| Depending on the circumstances, you may be able to complain to the person who instructed the bailiffs, report the matter to the police, complain to the professional body responsible for the particular bailiffs or take court action to get your goods back. | Depending on the circumstances, you may be able to complain to the person who instructed the bailiffs, report the matter to the police, complain to the professional body responsible for the particular bailiffs or take court action to get your goods back. |
| What if I move things so that they cannot get them? | |
| As long as the correct court orders are in place, the bailiffs can usually take your things from anywhere in England and Wales. So if you move your goods to a friend's house, the bailiffs can come there to get them – if they know where they are. However, you don't have to answer their questions. | As long as the correct court orders are in place, the bailiffs can usually take your things from anywhere in England and Wales. So if you move your goods to a friend's house, the bailiffs can come there to get them – if they know where they are. However, you don't have to answer their questions. |
| Can they take a vehicle from outside? | |
| Yes. They can take it from wherever it is parked. But if you are still paying for a vehicle on hire purchase, they shouldn't take it. You can prove the vehicle is not yours by showing the bailiff your hire purchase agreement. | Yes. They can take it from wherever it is parked. But if you are still paying for a vehicle on hire purchase, they shouldn't take it. You can prove the vehicle is not yours by showing the bailiff your hire purchase agreement. |
| What happens if they cannot get in? | |
| The bailiffs may post a form, a "statement of means", through your letterbox and ask you to fill it in with details of your income and expenditure. They will return this to the court, which will use it to decide on a reasonable repayment schedule. You do not have to fill in this form, but the court may later take this as a sign that you have been unwilling to pay. | The bailiffs may post a form, a "statement of means", through your letterbox and ask you to fill it in with details of your income and expenditure. They will return this to the court, which will use it to decide on a reasonable repayment schedule. You do not have to fill in this form, but the court may later take this as a sign that you have been unwilling to pay. |
| Bailiffs will usually have a few attempts at getting into your property and, if they don't succeed, will eventually refer your debt back to whoever asked them to collect it. The lender or court may then take further legal action against you. | Bailiffs will usually have a few attempts at getting into your property and, if they don't succeed, will eventually refer your debt back to whoever asked them to collect it. The lender or court may then take further legal action against you. |
| What happens if the bailiffs do get in to my home? | |
| In most cases, they can only take things that belong to you, but this includes things you own jointly with someone else. They cannot take your partner's belongings. So make it clear to the bailiffs who owns what. The owner of the goods can swear a statement to say the goods belong to them. | In most cases, they can only take things that belong to you, but this includes things you own jointly with someone else. They cannot take your partner's belongings. So make it clear to the bailiffs who owns what. The owner of the goods can swear a statement to say the goods belong to them. |
| Is there anything they are not allowed to take? | |
| Children's belongings, items still being paid for on hire purchase and, in most cases, "protected items" including clothing, bedding, essential household equipment, furniture that you need for basic domestic use, fixtures and fittings such as a built-in wardrobes, tools, books, work equipment and vehicles that you need for work. However, bailiffs will usually take any goods, leaving it to you to show that they belong to someone else or are protected goods. | Children's belongings, items still being paid for on hire purchase and, in most cases, "protected items" including clothing, bedding, essential household equipment, furniture that you need for basic domestic use, fixtures and fittings such as a built-in wardrobes, tools, books, work equipment and vehicles that you need for work. However, bailiffs will usually take any goods, leaving it to you to show that they belong to someone else or are protected goods. |
| Will they remove my things there and then? | |
| The most common way bailiffs take legal control of your goods is to write a list of what they have seized and ask you to sign a "walking possession agreement". Once you have signed, the bailiffs have control over your goods and can return to remove them at a later stage, even by breaking in. If you refuse to sign the walking possession agreement, the bailiffs can immediately remove the goods they have seized. | The most common way bailiffs take legal control of your goods is to write a list of what they have seized and ask you to sign a "walking possession agreement". Once you have signed, the bailiffs have control over your goods and can return to remove them at a later stage, even by breaking in. If you refuse to sign the walking possession agreement, the bailiffs can immediately remove the goods they have seized. |
| How soon will my belongings be sold and what happens to the money? | |
| There is usually at least five days before the sale, which is normally by public auction. The money raised will be used to pay your debt and the bailiffs' charges. Any money left over must be given back to you. | There is usually at least five days before the sale, which is normally by public auction. The money raised will be used to pay your debt and the bailiffs' charges. Any money left over must be given back to you. |
| What if the sale doesn't raise enough to pay off my debt? | |
| You will still owe the rest of the debt to your creditor and they can take further action to recover the rest of the debt. But creditors or the court may also consider writing off the rest of the debt and it is worth asking them to do this. | You will still owe the rest of the debt to your creditor and they can take further action to recover the rest of the debt. But creditors or the court may also consider writing off the rest of the debt and it is worth asking them to do this. |
| What can bailiffs charge me for? | |
| Different types of bailiffs have different rules, usually set down in law, about what they can charge. In general you may be charged for letters, visits to your home, taking legal control over your goods, transporting (council tax bailiffs can charge for bringing a van even if they didn't actually remove the goods), storing and valuing the goods, advertising the sale and auction costs. | Different types of bailiffs have different rules, usually set down in law, about what they can charge. In general you may be charged for letters, visits to your home, taking legal control over your goods, transporting (council tax bailiffs can charge for bringing a van even if they didn't actually remove the goods), storing and valuing the goods, advertising the sale and auction costs. |
| Can I complain about a bailiff? | |
| If the bailiffs do not act correctly, you may be able to make a complaint against them or take court action against them or report them to the police. But the rules are complicated and often depend on the sort of debt and who is instructing the bailiffs. Even if you think something is unfair, the bailiffs might still be acting legally. You should seek expert advice on how to proceed.Citizens Advice offers online guidance on bailiffs at adviceguide.org.uk. | If the bailiffs do not act correctly, you may be able to make a complaint against them or take court action against them or report them to the police. But the rules are complicated and often depend on the sort of debt and who is instructing the bailiffs. Even if you think something is unfair, the bailiffs might still be acting legally. You should seek expert advice on how to proceed.Citizens Advice offers online guidance on bailiffs at adviceguide.org.uk. |