What rights do you have if the bailiffs turn up?

You may have read in the news recently about many people having problems with sorting out Dart Charge payments, and several of them having bailiffs turning up on the doorstep. Despite mistakes being made about some of the payments supposedly owing, people reported intimidation and harassment by the bailiffs.

One customer described the bailiff as “quite abrupt, quite pushy, quite rude” and said that he was constantly harassing her by text and phone. In the end, finding his behaviour very threatening and intimidating, she paid up to make it stop – even though it was subsequently found to all be a mistake and her money refunded.

This kind of report can be very worrying, particularly if you either owe money to a business, or are currently in dispute over a bill. So in this article we take a look at:

What are bailiffs?
When are bailiffs likely to be called in?
What can you do to prevent bailiffs being called in?
What rights do you have if a bailiff turns up at your door?

What are bailiffs?

Bailiff is the original name for what is now called an enforcement agent. But the term bailiff still sticks and is well understood.

A bailiff may work for the council, a private company or even be used by a company on a self-employed basis. They have legal powers to collect debts, mostly:

Council tax arrears;
Parking fines;
Child maintenance arrears:
County Court Judgments (CCJs).

As part of their debt collection powers, they are legally allowed to visit your home, remove items you own and sell these items to pay off your debt.

When are bailiffs likely to be called in?

Bailiffs are always used as a last resort. They will only be used if other means of getting you to pay a debt have failed.

You will usually be given at least 7 days notice of a bailiff’s first visit. And if you are vulnerable you are entitled to extra care, for example having more time to respond to other means of communication, and having someone with you – such as a relative or carer – if the bailiffs do visit.

You could be classed as vulnerable if you:

are disabled;
are seriously ill;
have mental health problems;
have children or are pregnant, especially if you’re a single parent;
are under 18 or over 65;
don’t speak or read English well;
have been through recent stressful or emotional circumstances.

What can you do to prevent bailiffs being called in?

If you receive a letter saying that a bailiff might visit you to collect debts, it is essential not to ignore it. If you know the debt is genuine, the first thing to do is to make contact with your creditors and explain the situation.

Even if you have been in touch already, it’s worth giving it another try. Many organisations will be willing to work out a way forward with you, such as allowing you to spread your repayments over a longer period to make them more affordable. But it’s important to take action quickly to keep the bailiffs away.

If this doesn’t work, and you have no way of paying what you owe, there are various organisations who can give you information and support, and can talk you through the options available to you. So try to get in touch with one of the following:

One of the things they may be able to help arrange for you is a bit of breathing space. In England and Wales there is a Debt Respite Scheme which can provide up to 60 days protection from creditors while you get debt advice and make a plan.

During this time, you will still need to make debt repayments that you are able to, but creditors are not allowed to contact you about debts, add any further interest or charges to your debt, or take any enforcement action – such as sending bailiffs – against you.

As we saw earlier in this article, there are cases of companies pursuing debts that are mistakes. Even if you know this to be the case, it is important not to ignore letters about bailiff visits, as they are still likely to turn up. Instead, keep contacting the company and also try one of the advice organisations mentioned above.

What rights do you have if a bailiff turns up at your door?

If a bailiff does end up coming to your home you do not have to open your door or let them in. Bailiffs are not allowed to enter your home by force, for example by pushing past you, unless as a very last resort. And they are not allowed to enter at all between 9pm and 6am or if there are only children under 16 or vulnerable people in the home.

So the first time they visit, start by speaking to them on the doorstep. If you are able to pay them any money there and then, you can do this. Or you may be able to come to an agreement to make weekly or monthly repayments. Either of these could be enough to diffuse the situation.

But if you can’t pay or reach any kind of agreement, they do have the right to take some of your belongings. If you do decide to let them into your home, they are likely to take more luxury items such as TVs or games consoles. They are not allowed to take things you need such as clothing, kitchen equipment, or work items. If you don’t let them into your home they could take things from outside your home, for example your car.

This can be a very stressful and unpleasant experience, so if you are sliding into uncontrollable debt, the most important thing is to seek help sooner rather than later. Don’t put it off until it is effectively too late.

We hope that this article gives you helpful information about the role of bailiffs and what to do if you are faced with the prospect of bailiffs coming in or if one turns up at your door.

If you are ever in urgent need of financial assistance – such as a personal loan to pay off an existing debt – remember that Loans 2 Go offer loans for bad credit which may be able to help.

For more helpful financial and lifestyle tips, visit us here again soon at Loans 2 Go.