Court / Legal & Recovery Action
c) Bailiffs
If you address / deal with your debts at an early stage and keep in touch with them, creditors on the whole usually refrain from taking legal action leading to bailiff involvement. Unfortunately, this is not always the case (see below). Not all creditors and circumstances are the same.
County Court Judgements - CCJs (county court bailiffs)
If a creditor has successfully obtained a county court judgement and a warrant of execution has been issued you may be able to stop the bailiffs visiting your home by filling in an N245 court form, making an offer to pay and requesting the warrant be suspended. County Court bailiffs can't force their way in, but they can enter through an unlocked door or open window. Forced entry includes pushing past you once you have opened the door or leaving their foot in the door to prevent you from closing it. (Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant).
Local Authority / Council (private bailiffs)
Where a Liability Order has been obtained through the Magistrates Court for council tax / business rates private bailiffs can be engaged to recover the debt. They cannot break in or gain entry by force however if they do 'gain peaceful entry' and a 'Walking Possession Agreement' is signed they can return and force entry into your home if any payment arrangement is not maintained.
Magistrates Court Fines (private bailiffs)
If you have been fined for a criminal offence the court can send private bailiffs if payments are not maintained and will usually try to recover the fine as a lump sum. They have the power to gain initial entry to your home by force (though they should only do this as a last resort).
Eviction for mortgage & rent arrears (county court bailiffs)
If you fall behind with your mortgage / rent payments and the landlord / lender has followed the correct legal procedure eventually obtaining an eviction warrant the bailiffs can break in and evict you. If you receive a warrant you may still have time to stop the eviction by completing and submitting an N244 court form outlining your proposals and reasons to stop / suspend the eviction.
High Court (enforcement officers / private bailiffs)
If a creditor has obtained a county court judgement they may be able to transfer the debt to the High Court for enforcement if they want to use 'execution against goods' to enforce the debt. High Court bailiffs (enforcement officers) can act more quickly than county court bailiffs - they do not need to send a warning letter first (not all debts can be transferred to the High Court). With the High Court you may be able to / or need to apply to set aside the judgement or for a 'stay of execution'
Bailiff negotiation & fees
If it has reached the stage where bailiffs have become involved you are usually at the end of the line and will need to negotiate and / or apply to court to suspend a warrant. Bailiffs may be prepared to take part in reasonable negotiation (subject to legal & contractual constraints). It is likely fees and charges will be added to the debt you owe and these may increase if extra visits are involved. You may ask for details of these at any time, and fees can be disputed.
What can bailiffs take?
Bailiffs can't / should not take essentials such as clothing, bedding, fridges, cookers, most furniture and the 'tools of your trade' (example, a computer you use for work). They can take non-essential items such as televisions and possessions outside your home or in unlocked garages or sheds (examples - cars and garden equipment /ornaments.
Useful Websites
- Advice Now - Dealing with bailiffs
If you require in depth information on bailiffs including your rights, charges, and complaints click on this excellent guide from Advice Now. - Consumer Action Group - Bailiff advice and support forum