If you are experiencing serious debt problems then you are very likely worried about the prospect of someone (possibly a bailiff) calling at your home to take away all your goods and sell them. Most people with a debt problem in the UK (unless it is a debt arising from non payment of fines/taxes) will not be visited by a bailiff, as the creditor will have to go to court to get a County Court Judgement (CCJ) before a bailiff can be instructed. Even once this has happened you will have to fall behind with your agreed payments before a bailiff (possibly) comes to call.
On a normal unsecured debt you are more likely to see a debt collector, but they have no powers whatsoever. You are perfectly entitled to slam the door on them and demand they leave your property! Any persistent attempts to contact you (standing outside shouting, knocking on the door constantly) could be construed as harassment and would therefore be illegal.
If you are unlucky enough to be visited by a bailiff then you will want to know…
Bailiff Rights of Entry – What Are They?
The first thing you should do when confronted by someone saying they are a bailiff is to get them to prove who they are. They must be able to provide some evidence of their identity and their instruction to collect a debt that you owe. If they don’t have this then they are just a debt collector, and can be sent packing as described above.
If they are a bailiff then unless they are recovering a tax debt and have obtained a court order, they are not allowed to force there way into your home. They cannot push past you when you stand at an open door. They have to gain “peaceful entry” to your home which means entering through an unlocked door or open window (or being invited inside by you). If they visit the house when there are only children present (younger than 18) then they must leave. It is very important to realize that your relationship with the bailiff and their powers to enter your home are massively changed if you let them into your home (or they manage to get in through an open window or unlocked door. If you keep them out then they have no powers. Once they have gained peaceful entry then they can:
Make a list of possessions to be seized (a walking possession order).
Break into locked areas within your house.
Return at a later date and break into your home to gain access to the good listed on the walking possession order.
Letting a bailiff into your house is a disaster and should be avoided at all costs. Don’t fall for any trick regarding using your phone/toilet etc. as it could have terrible consequences.
How do You Resolve the Situation?
You need to get the debt out of the hands of the bailiffs and back with either the courts or the creditor. To do this requires urgent and skilled money advice from the Citizens Advice Bureau or similar debt charity. Remember that the rules regarding unsecured debt mean that you should only have to pay an amount that you can afford (after allowing for essentials) so negotiating to pay your debt by instalments should be a lot less traumatic than being visited by bailiffs.
Tags: bailiff, Debt Advice, debt assistance, Debt Problems, right of entry
September 27th, 2010 at 10:40 pm
Hi. I recieved a phone call last week from a firm that had took over a debt I had from a catalogue in 1991. I think they said it was for £840. I dont know how they got my phone no, but they said can I confirm my address and without thinking gave my address. I think she said the firm was called Mackenzie something and she spoke with a Scottish accent. In 1991 I was involved in a R.T.A whch resulted in a coma and a severe head injury because of these I now worry about the slightest thing. Since I had that phone call I am worrying myself silly. How far can they take this, and I always thought that after so many years the debt was quashed. I have read your article and it seems very interesting and helpful.
Dave
October 22nd, 2010 at 1:29 pm
Hi Dave,
Many apologies for the delay in responding to you. This comment got lost in my spam comments for some reason.
If the debt dates back to 1991 and you have had no contact with them since then it should be “statute barred” unless they have obtained a Court judgement related to the debt within 6 years of the last contact that they had with you. If this is true it means that no enforcement action can be taken against you, although they can continue to contact you about the debt. As a result of this creditors are often willing to accept a very small offer to settle statute barred debts.
Please get this checked out by making an appointment with your local CAB. I am not a qualified debt advisor (just someone that has been through debt) so you shouldn’t rely on my opinions.
Best of luck and don’t hesitate to ask more questions/tell me how you get on.
Neil