Dealing with Bailiffs – Rules and Solutions

In the last article I discussed about who bailiffs are and what they do. In this article I will focus on how to deal with bailiffs.

Bailiffs are not Debt Collectors

They are actually more than that. While a debt collector can call you, mail you or come to your house and threaten you, a bailiff has the power to seize your belongings. Even if they cannot enter your house, they have the power to take away your car if they are confirmed that it belongs to you.

Dealing with bailiffs?

If you have outstanding debts you may receive letters that they will be sending bailiffs to recover debts. But there is no need to panic. You need to take prompt action to restrict the bailiffs from knocking your door.

If you have arrears on your council tax, call them up immediately after you receive the letter. You can request them to stop bailiffs and make a repayment offer. If anyone else is equally liable for the debt tell them directly. You should also send the request via mail. The Council usually asks the debtor to pay off before the financial year ends.

If you are on an income support they also allow you to pay a small amount every week to meet up with the debt. An approximate £2.90 per week gets deducted directly from your income support benefit. However if you do not want a direct deduction you can write a letter to the council and the bailiffs informing them that you can make the repayment on your own every week.

In case of other creditors, you can avoid the bailiffs by arranging a suitable repayment plan with them.

Bailiffs knocking at the door?

Many credit agencies send bailiffs without informing the debtor. However if you get a hint that bailiffs will be visiting, you can get a letter from your local advice agency. The letter will say that the bailiffs are not allowed to enter your house. While you pass it on to the bailiffs they will know that you have already consulted an expert and are aware of the laws.

According to bailiff’s rules, they can only enter your home if you permit him or he gets in through unlocked doors. If he enters he will make you to sign the Walking Possession Arrangement to seize your belongings and sell them off to pay your debts. You can keep your belongings as long as you repay the debt as per the arrangement. But if you falter they will take away your possessions forcefully.

However the bailiff cannot enter your premises illegally. They are not allowed to break doors or windows and enter forcefully. If they do, you may not sign the Walking Possession Arrangement. Some bailiffs threaten to call the police, but the law does not provide them with the power of doing so. In return you can call the police if they break in illegally and act violently.

Where you may complain about Bailiffs?

Unlike a debt collector a bailiff cannot work unlawfully or misbehave with you. Nevertheless, if the bailiff breaks in illegally, take away essential things forcefully, damage your belongings, or take away more than what is required to pay off your debts, you can complain. You can call the police straight away for help.

If you are complaining about bailiff sent from a private firm, then you need to talk to the legal authorities who have sent them. For County Court bailiffs, complaint should be made addressing the Manager of the County Court. Complaints about council tax collection bailiffs should be lodged to the Council office. Lastly if the bailiffs are sent to collect fees for criminal charges then you may complain at the desk of Clerk of the Justices of the Magistrates’ Court.

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