Your legal rights: Dealing with Bailiffs and Debt Collectors
Information for UK residents with Debt Problems who may have to deal with bailiffs.
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What's the different between Debt Collectors & Baliffs.
All a debt collector can do is ask you to pay. They have no legal authority. If they are behaving in a threatening manor, contact the police. If a debt collector is pretending or giving the impression of being an appointed baliff, contact your councils trading standards department.
Baliffs are only involved if you can't come to an arrangement to repay your creditors after your case has been to court. Baliffs usually work by threatening to take your possessions to persuade you to pay what you owe, or taking and selling things you own to repay your debt.
What can I do about bailiffs calling at my home?
An appointed bailiff can visit you at any reasonable time to seize goods. However, you don't have to grant access. They may not use force or cause damage attempting to enteryour property, but they allow to enter through any open windows or unlocked doors.
Be aware that after a baliff has being inside your home, they are then allow to re-enter without your permission using force if need be with respect to the same debt.
When seizing goods the bailiff must leave the premises safe. When in your house the bailiff has the right of access to all rooms and can force their way into other parts of the property.
What is a bailiff allowed to take ?
Bailiffs are not Debt Recovery Agents - they can't ask you for money. The bailiff can take anything with a resale value from your home. Bailiff can't seize items belonging to anyone other than the individual named on the distress warrant, however items jointly owned with someone else may be included.
A bailiff acting for the County Court may not remove anything needed for basic domestic living. This includes lighting, clothing, bedding and furniture.
The bailiff can't take anything required for personal use in employment or business. However, a bailiff acting for Poll Tax, Council Tax, VAT and Tax rears may be able to do so.
Bailiff cannot take items on hire purchase or rented.
Walking Possession Agreements.
The bailiff may remove items immediately, but more commonly, the bailiff and the debtor make a walking possession agreements . This is an agreement between the bailiff and the debtor such that seized goods now legally belong to the bailiff and can be removed at any time. However, the bailiff allow them to remain in the debtor's home providing they start making agreed payments.
What Happens to Seized Items ?
Items taken by the bailiff are to be sold at auction. The bailiff is legally obligated to get a fair price. Because the goods are 2nd hand, their expected resale price will on be a tiny fraction of the bought as new price. Therefore bailiff will often seize items that in the debtors option may seem to outweight the debt.
Types of bailiff
- County Court bailiffs. These are employees of the County Court, and enforce County Court Judgements. These are normally for consumer credit debts such as unsecured credit.
- Private bailiff. Private firms used by the Magistrates Court to collect fines, and by local Councils (once they have obtained a Liability Order from the Magistrates Court) to collect Council Tax and Community Charge.
- Certificated bailiffs are granted a certificate following an application to a County Court. Certificated Bailiffs can only collect unpaid Commercial Rents, unpaid Parking Fines, unpaid council tax, unpaid V.A.T and Income Tax and unpaid National Non-Domestic Rates.
- Sheriff's Officers are use by the High Court to work in geographical county areas. Debtors with CCJs of more than £600 they can transfer the judgement up to the High Court for enforcement.
It's important to realise that debt collectors are not the same as baliffs. Debt collectors cannot take any direct action against you, apart from asking you to pay. If you believe a debt collector is falsely acting as a baliff, contact the trading standards department at your local council. If you are bing physically threatened, contact the police.
Bailiffs and the Human Rights Act
The Human Rights Act, which came into force in October 2000, may see bailiffs being used less frequently. Part of the Act protects your right to 'peaceful enjoyment of possessions and respect for your privacy, family life and home'.
In practice, this should mean that courts and public authorities use bailiffs more as a last resort, and should consider using less intrusive and distressing ways of getting you to pay what you owe. These include:
- Benefit deductions;
- Attachment of earnings; and
- Voluntary payment arrangements.
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This material is for general information and only constitutes advice in the broadest of terms. You should not rely on this information to make any decisions. Call our advisors on 0800 043 2444 for professional advice for your own particular situation.