How Bailiffs Operate: Procedures, Powers, and Limitations

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Dealing with a bailiff visit is stressful, especially when you aren’t sure what’s going to happen. Our quick guide will take you through:

• What a bailiff is
• How bailiffs operate
• Bailiff limits
• What to do if you’re vulnerable
• How to complain about a bailiff.

What is a bailiff?

The term ‘bailiff’ is used to describe any agent who has been sent to recover debts. They can be sent on behalf of your creditor or a court.

There are two types of bailiffs:

• Debt collectors, and 
• High Court Enforcement Officers (HCEOs).

While debt collectors and HCEOs are technically both bailiffs, they have very different powers. We’ll go into more detail in the rest of this post, but, in essence, an HCEO acts on instructions from the court, so has much greater powers.

If you would like more information, you can visit our more detailed debt collector or HCEO pages, or you can contact a debt charity for some free and specific advice. 

How do they operate?

There are different types of bailiff with different powers and modus operandi. We’ll quickly discuss each here, but keep in mind that we do have a more detailed guide here, as well as other resources.

Debt collectors

Before we go further, you need to know that different creditors will react differently to missed payments and accruing debt. You can contact your creditor to find out their specific policies on debt colleciton. 

However, most will follow a procedure similar to the following:

• Missed payments: You miss a few payments and get reminder letters from your creditors. You should contact them to let them know you’re having trouble paying. You might be able to negotiate and find a plan that works for everyone.
• More missed payments: Your creditor’s tone is going to get more firm the longer you don’t pay. Any Consumer Credit Act debts are likely to default and you’ll get a notice. After a notice, your creditor can take action against you to collect – this means debt collectors could get involved.
• Legal action: If you still haven’t paid, your creditor might try and get a County Court Judgement (CCJ) against you. A CCJ is legal order from a judge that says you have to pay the debt
• Your rights if you’re vulnerable
• The limits on what bailiffs can take
• How to complain about a bailiff.

HCEO

Once you and your creditors have gone through the above steps, they might be able to apply to the High Court for further action. We will go through these latter processes quickly, but we do have a more detailed guide available here.

If you are facing legal action because of your debts, you need to get some legal advice. There are several charities that will offer these services for free.

The High Court can be used if:

• The debt is more than £600 in value,
• The debts are not included in the Consumer Credit Act
• Your creditor pays for their case to be heard in the High Court.

With a CCJ already issued, the creditor can apply for a Writ of Control which allows a High Court Enforcement Agent to enforce the debt by requesting payment or seizing goods. An advantage of a creditor or company using the High Court for enforcement is that the debt is subject to 8% statutory interest, which is not always the case in the County Court. 

What can’t they take?

Only specific types of bailiff can take things from your property, and only after following the procedure that we went through above. HCEOs can only remove your goods if there is a Writ of Control and warrant – debt collectors are never permitted to enter your property or take your belongings without your permission. 

There are strict rules on what bailiffs can’t remove from your property even if you aren’t vulnerable. These items include:

• Anything that belongs to someone else – this includes things that belong to your children
• Pets or service animals
• Vehicles, tools, or equipment that you need for your job or to study up to £1,350
• A mobility vehicle or any vehicle with a valid Blue Badge
• Anything permanently fitted to your home – kitchen units, etc.

Bailiffs also can’t take things that you need to live. These items can be anything that you use for your ‘basic domestic needs.’ They can take some of these things but must leave you with:

• A table with enough chairs for everyone in your home
• Beds and bedding for everyone in your home
• A phone or mobile phone
• Any medicine or medical equipment that you need to care for someone
• A washing machine
• A cooker or microwave, and a fridge.

If you think that a bailiff has taken something that they shouldn’t, you need to complain immediately.

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What if I’m a vulnerable person?

There are specific rules in place to help protect vulnerable people. If you are:

• Disabled in any way or extremely ill
• Suffering from any kind of mental illness 
• Have children or is pregnant 
• Under the age of 18 or over the age of 65
• Dealing with a stressful situation, such as the death of a loved one or unemployment 
• Someone who struggles to communicate in English

You are considered a vulnerable person. This means that any bailiffs will have to follow some additional rules to ensure their visit is as easy on you as possible.

First of all, if any of these conditions apply to you, you can get more time to deal with the Notice of Enforcement. This is the letter that you receive from the bailiffs that let you know they are chasing you for a debt.

You can also get more time if the bailiffs did not send you the Notice of Enforcement properly.

If you fall into any of the above categories, you need to either tell the bailiffs yourself or get a relative or carer to do it for you. You can then contact them by phone or by post. We have a free letter template that you can use to explain your situation.

When you speak to the bailiff, you need to:

• Tell them that you’re vulnerable
• Explain why you would find dealing with bailiffs more difficult than other people in the same situation
• Ask them to stop any visits in the future because it will cause harm and distress to you
• Tell them if a letter or a visit could make your situation worse – this could be the case if you have a mental health problem or a heart condition, for example.

Make a note of what you agree with the bailiffs about future contact. This will make it easier to argue with them if they don’t stick to this new agreement or if you need to make a complaint.

What is a stay of execution?

A Stay of Execution is a legal procedure that allows courts to suspend CCJs. This is usually done to give the debtor some time to pay off the debt or start a repayment plan.

If granted, a Stay of Execution will pause any potential bailiff action by preventing the CCJ from going ahead for a specified period of time.

A Stay of Execution is a good time to assess your finances and come up with a plan to pay off your debts. You may also need this time for a court hearing or other mediation between you and your creditor.

You apply for a Stay of Execution by filling out an N245 form, so I recommend getting some legal advice on how to get the ball rolling. I have linked several debt charities at the bottom of this page that offer free legal advice services.

How do I complain? 

If you think that the bailiff has been unreasonable or behaved inappropriately, you can make a complaint. You can also complain if you feel they have broken any of the Financial Conduct Authority’s (FCA) guidelines.

Make your first complaint to the bailiff’s company directly so that they have the chance to sort out the issue themselves. If you feel that they have not taken your complaint seriously enough or have not addressed your issue properly, you can escalate matters.

You can make any secondary complaint to the Financial Ombudsman Service (FOS). They will investigate, and if your complaint is upheld, the bailiff may be fined. You could even be owed compensation.

If the bailiff’s company is not registered with the FCA, you can make your secondary complaints to the Civil Enforcement Authority (CIVEA). CIVEA has its own set of guidelines and procedures for dealing with complaints against its members.