Who are Bailiffs and what they do!

I have noticed that sometimes people confuse debt collectors with the bailiffs. I have already written on debt collectors and how to deal with them. In this post I will focus on Bailiffs.

Who are Bailiffs?

Bailiffs are individuals appointed and authorized by the court to collect debt from the defaulters. They are sent to the debtor’s home only when the debtor is unable to get into an agreement with the court regarding debt payment.

They use legal powers to seize and take away some of the debtor’s belongings in order to settle debts. However, this tactics is not always used as their threats alone make the debtor pay off.

Types of Bailiffs

Bailiffs are of two types.

1. County Court Bailiffs – These bailiffs are employed by the County Courts and they work on enforcing CCJ debts.
2. Private Bailiffs – They are hired by the private firms who work under the consent of the Magistrates Court and Birmingham City Council for collecting fines on Council Taxes.

What bailiffs can do and what they cannot:

1. On a visit, the bailiff should carry his identity card and show it, on request.
2. He cannot enter your premises unless he is invited – “gaining peaceful entry”.
3. Bailiffs can only come inside your premises if they do not use any force.

However a bailiff can enter your premises if:

1. He is invited by a responsible adult
2. Climbing through an open window
3. Crossing the fence by jumping to reach the back door
4. He finds an unlocked door

But this does not include:

1. Breaking doors, locks and windows
2. Invited by a young child
3. Pushing past the people to get inside
4. Resisting the debtor when he tries to shut the door on him

Nevertheless if they somehow get to walk through an unlocked door or even an open window they will make it a walking possession order. This implies that they will make a list of all your belongings. Then they will settle an arrangement with you which will of course depend on their terms. Thus they will take away your belongings even if you do not agree to the arrangement.

What are they allowed to take away?

Bailiffs are only allowed to take away things that are considered non essential. It includes car, televisions, music systems, DVD players etc. They can also seize things that are jointly owned with the debtor.

The bailiffs cannot seize:

1. Fittings and fixtures
2. Goods that are on rent
3. Goods that has been hired
4. Goods that belongs to some other person

When a Bailiff comes to collect fines for Council Taxes or CCJ debts they are not allowed to seize items that include:

1. Bedding, clothing, furniture, household belongings and provisions that is required for basic domestic living.
2. Books, vehicles, working tools and everything that is necessary for his employment, vocation or business.

The fines of council taxes and the CCJ debts can be collected anywhere within England and Wales. These debts may be collected at any time.

Fees of the Bailiffs

Initially there are no charges when the walking possession agreement is signed. But after the warrant is issued, the creditors pay up the fees and add it to the debt. The fees depend on the type of judgement that has been made against the debtor.  For more information refer to the link: http://www.hmcourts-service.gov.uk/

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