Dealing with Bailiffs, what to do

Being in debt is stressful, and only gets worse once bailiffs and debt collectors start knocking. If you're feeling the strain from constant harassment by creditors, finding a debt solution can help. It's always best to get debt advice before it gets to this stage, but if it has and you have received a notice that bailiffs are coming, this information should help. If you have any other questions on bailiffs or need debt advice, contact the Debt Advice Trust.

• I've received a notice bailiffs are coming - what do I do?
• What are the rules with letting bailiffs in my home?
• Will the bailiffs compromise directly with me?
• I think a bailiff breeched the law taking my goods - what can I do?

I've received a notice bailiffs are coming - what do I do?

Don't ignore the notice! Once you've been notified bailiffs are coming, talk to an advice agency who can advise you on bailiff law and on what to do. If the creditors have not taken proper legal action, they many not be able to threaten you with bailiffs.

What are the rules with letting bailiffs in my home?

The laws surrounding letting bailiffs in your home and what they can do to gain entry is complicated, but they do usually need a court order to seize your property. Usually bailiffs are not allowed to force their way into your property - but are allowed to "gain peaceful entry" as long as they don't break in. This means they are allowed to enter if you have left your door unlocked or window open. However, if you have unpaid criminal fines, bailiffs contracted by the magistrates court may be allowed to enter your home using "reasonable force". This means they can break into your property without your permission in order to take your goods.

Bailiffs may also be given the permission of the court to force their way onto commercial properties without attached living accommodation.

Remember that while in most case you don't have to let bailiffs in to your home, continual visits will mean if they do eventually sell your goods, less money will go to pay off your debts and more money will go to pay the bailiffs. If a bailiff has forced their way onto your property without notice or permission, seek legal advice.

Will the bailiffs compromise directly with me?

Sometimes bailiffs will let you negotiate with them, other wise you may have to contact your creditor to try and compromise on an agreement. The bailiffs might ask you to sign a walking possession agreement. To do this, the bailiffs write a list of what they will take if you default again on repaying your debts. If you fail to make payments under a walking possession agreement, bailiffs won't need your permission to enter your house and are allowed to use "reasonable force" to enter. Quite often this agreement means you'll have to pay a daily fee and you won't be able to take the goods on the list out of your home.

I think a bailiff breeched the law taking my goods - what can I do?

If you think a bailiff has acted in a way that violates your rights, you can seek help from an advice agency, or complain via the relevant channels. Firstly you can contact your creditors who have hired the bailiffs. It usually takes a court order to get the right to use a bailiff. If it has, contact the court who has issued the order and lodge your complaint with them. The bailiff may belong to a professional body. If this is the case, you can ask the bailiff which professional body they belong to and make the complaint to them. If the bailiffs are breaking the law or committing an offence such as verbal threats or physical assault, then contact the police. People call the Debt Advice Trust everyday asking for advice about what to do with their debt once they have received notices from bailiffs.

If you'd like further advice on debt, bailiffs and debt collectors, contact Debt Advice Trust today. Our debt advice is free, honest and always impartial.