Bailiffs: the law and your rights

A bailiff is a person authorised to collect a debt for a creditor. They must have what is known as a warrant or a warrant of execution (issued by the Court) to collect a County Court Judgement “CCJ” debt .

What do I do if a bailiff calls?

First DO NOT invite the bailiff/person into your house. They may ask if they can discuss things inside your home or they may try and march in as soon as you answer the door. As with any stranger, always answer the door with the chain on.
All bailiffs should carry identification. Always ask for it and for a copy of the warrant they are collecting. Some creditors will send people around to your house who are not bailiffs to try and secure payment from you.

Can a bailiff force his way into my home?

A bailiff cannot use force to gain access to your home. They can only enter via what is known as peaceful entry. Entering through an unlocked door or window this would be allowed as peaceful entry. Pushing their way past you at the front door is forceable entry and is not permitted.
Bailiffs should know these rights but you should be aware they may try to gain entry by asking you to let them come in to discuss things.

What will happen if I let the bailiff enter my home peacefully?

If the bailiff has been allowed in peacefully they have the right to search your house. They can even forceably enter locked areas. They will look for any property of value which they can take away and sell to pay your debt.
They will usually list the property they want to take or clearly mark it as property they have seized. They can then leave someone in your house whilst they arrange to collect the property or more usually they will ask you to sign a "walking possession agreement".
This means that you agree not to remove these goods and that you acknowledge they now belong to the bailiff. He will then usually advise you that he will return to collect the goods for sale or you agree with him a schedule for paying him the money you owe.
Your goods are also likely to be sold at auction where they may be sold for as little as 10% of their cost. So you should be prepared that ,for any given debt, they may seize goods of substantial original cost.
In addition to the original debt and court costs, you will usually have to pay for each visit the bailiff makes. So if they return at an agreed date and you are not there your debt may increase substantially with their costs.
Remember that once the bailiff has entered peaceably they then have the right to force their way in to collect the goods at a later date.

Is there any property in my home a bailiff is not allowed to seize?

A bailiff is only allowed to seize goods that you own. They will usually assume everything in the house is yours and it will be up to the owner of the goods to prove to them that they are not yours. If you have receipts or rental agreements which show the goods are not yours it is much simpler to show the bailiff them before they have seized them.
If the debt is rent arrears they may seize property in your home even if it does not belong to you.
Finally, a bailiff cannot seize any tools, equipment or vehicles used by you in your employment , trade or occupation. They also cannot seize property used by you for your basic living needs and those of your family. This includes things like your fridge and cooker and clothing. They must also leave you with at least one TV although additional TV’s and things like DVD players can be taken.

Can I remove or hide goods from a bailiff?

It is not illegal to do this before a bailiff arrives unless the debt is for rent due. Remember that once a bailiff has gained peaceable entry they can come back at anytime to look for more goods they may think you have in your house.

Who pays for a bailiffs visit and how much do they charge?

The costs of a bailiff are added onto your debt. If you think the bailiffs costs are unreasonable you can ask a Court to review them to see if it agrees.
Remember each visit will result in additional costs being added to your debt each time. So a small debt such as a parking ticket could end up costing you hundreds of pounds to pay off.

What happens if a bailiff does not gain entry to your home?

The bailiff will usually keep visiting your home and if they are unable to gain entry the warrant for the debt will be eventually be returned to the Court. They will advise the Court that they have been unable to gain entry or that you have insufficient goods to pay your debts and the bailiffs costs in full.

Is a bailiff allowed to visit my home at anytime of the day or week ?

If the debt is in respect of rent then they are only allowed to visit during daylight hours. For any other debts bailiffs should call at a “reasonable time of day”.
If you are unhappy with the times at which they call you should take their details and contact the persons who instruct them to complain. Often bailiffs belong to an association or trade body and it may be possible to complain to them.

ClearDebt IVA Help Online Application Form Apply Now

ClearDebt is the only IVA company to offer full online IVA applications
Five simple sections to complete a full IVA application
No time consuming filling debt forms by hand
Login when it suits you and complete at your own pace
Personal, private, confidential and secure
You stay in control

Latest news about UK debt

Nationwide welcomes credit card praise
(Fri, 15 Feb 2008) Nationwide Building Society has welcomed the news that it has been named as the best credit card provider in the UK at this year’s Card Awards. With millions of consumers struggling with high levels of debt management, the building society has suggested that the transparency and the quality of the information it provides has played an ... more >>
Brits ‘being hit’ by balance transfer hikes
(Fri, 15 Feb 2008) Many British consumers are facing increased pressure on their personal finances as a result of rising balance transfer fees, according to a recent report. Moneyfacts.co.uk has claimed that since people with credit card debt first started being charged for transferring their balances four years ago, the associated costs have become increasingly difficult to pay off. The price ... more >>
Report highlights UK’s ‘credit culture’
(Thu, 14 Feb 2008) UK consumers are far more comfortable about paying for goods and services using credit card debt than any of their European cousins, according to a new report. Research by Datamonitor has found that at the end of 2006 the average British adult had at least twice as many credit cards as ordinary consumers from any other ... more >>
Statto declared bankrupt
(Thu, 14 Feb 2008) The man known to TV sports fans as ‘Statto’ has been declared bankrupt by Manchester county court, it has been revealed. It is not known exactly how betting expert Statto, real name Angus Loughran, found himself in such serious debt management difficulty but it is believed to be related to unpaid council taxes. The Insolvency Service has ... more >>
Credit card users warned over order of payments
(Thu, 14 Feb 2008) Credit card users have been warned that many of the foremost providers in the UK do not clear the most expensive forms of debt first. Research by Moneysupermarket.com has found that the order of payment patterns used by financial service firms could leave people with credit card debts in the red for longer than necessary. In fact, ... more >>

Subscribe in a reader

IVA FAQs

Tired of debt jargon? Search our glossary of debt terms:

ClearDebt Analyser

The ClearDebt Analyser is a unique free tool which shows you your best way out of debt - whether an IVA, debt management, debt consolidation or bankruptcy. Immediate results on screen help you say goodbye to debt worries for good!

Debt Management Comparison

The Debt Management comparison tool compares the likely impact of an IVA or a debt management plan on your debt and your pocket. Once you have input your real figures you’ll get an instant comparison for free. You might be surprised by the result!