Can Bailiffs force entry with a Locksmith?

Are you worried about bailiffs coming to your home? You are not alone. Every month, over 170,000 people come to our site for information about their debt problems. Believe it or not, Citizens Advice estimate households have around £18.9 billion in unpaid bills like council tax and utilities¹.

One question that comes up often is: Can bailiffs force entry with a locksmith? This can be a big worry, but we can help answer your questions and ease your fears.

In this easy-to-understand article, we will:

• Explain when a bailiff can use a locksmith to force entry.
• Discuss what types of debt they can’t force entry for.
• Share how you might be able to write off some debt.
• Talk about what you can do if bailiffs harass you.

We know it’s hard to deal with debt and bailiffs. That’s why we’re here to lend a hand. We have lots of experience in this area and will share our knowledge with you.

We understand what you’re going through, and we’re here to help you figure out the next steps. Let’s find out more about bailiffs and what your options are.

When Can a Bailiff Use a Locksmith to Force Entry?

A bailiff must have a warrant or writ from court to gain access to your home using a locksmith. A bailiff can only use a locksmith if they are collecting for:

• Tax debts on behalf of the HMRC
• Magistrates court fines, Income Tax or VAT

Also, The FCA state that a bailiff must not misrepresent their authority or legal position, and cannot suggest that an action may be taken where it legally can’t².

Can Bailiffs Break Down My Door?

Bailiffs can’t break your door down to gain entry to your home.

They can use reasonable force if they have the writ or warrant, as mentioned above. Reasonable force means getting a locksmith to come and open your door. They cannot smash their way in or break a window.

What Debts Can’t Bailiffs Force Entry For?

Bailiffs can’t force entry for the following debts:

• Council tax
• Catalogue debts
• Credit cards
• Parking tickets
• Energy debts
• Phone debts

Bailiffs cannot force entry into your home if the debt doesn’t belong to you. You will have to prove the debt isn’t yours and contact the bailiff company directly.

Our financial expert, Janine Marsh, advises on letting a bailiff into your home: ‘It’s crucial you check who they are before you open your door. Ask for their certificate through the letterbox or a window.’

Do I Have to Let a Bailiff In?

You don’t have to let a bailiff in. When visited by a bailiff, you should ask for proof of ID. Ask them for the following information.

• ID badge or enforcement agent certificate
• The contact information for the company they’re from
• The breakdown of the debt they’re collecting for

Don’t open the door when requesting this information. Keep all doors and windows locked. Ask them to pass the information through the letterbox or hold up the documentation at a closed window.

You can use the information provided to contact the company and verify the ID of the bailiff. Further checks can be made to confirm the authority of the bailiff.

For example, you can

• Check the register of certificated bailiffs for certified enforcement agents.
• Contact the court that instructed the bailiffs for county court bailiffs.

Note that bailiffs can’t enter your home if only children under 16 or vulnerable people are present. And they can’t enter between 9 pm and 6 am.

To learn more about your bailiff rights, please check out the table below.

» TAKE ACTION NOW: Fill out the short debt form

Can Bailiffs Put Their Foot in the Door?

Bailiffs cannot force entry by putting their foot in the door or pushing past you. They cannot try to stop you from closing the door.

You should contact the police (or 999) if a bailiff tries to do this.

From experience, you can avoid their intimidation tactics by simply refusing to open the door or window, even a little bit. Next, inform the bailiff you will call their office and arrange to settle the debt.

You can do this even if you know you can’t afford to repay the debt in full. A repayment plan can stop the bailiff from returning.

That said, if a bailiff has already been allowed peaceful entry into your home, they can come back and force entry if they need to return.

Will Bailiffs Leave If I Don’t Let Them In?

Usually, the bailiffs will leave the property if you don’t let them in.

However, they do have the right to take your belongings, including vehicles, which are outside the house or flat.

Furthermore, they will return if you don’t arrange to repay the debt. Additional fees are added for visits, so it’s best to make a payment offer or arrange instalments as soon as possible.

Can I Complain if Bailiffs Harass Me?

Make a complaint if you have asked a bailiff to leave, and they continue to harass you. Complaining about bailiff misconduct can even help buy you some time to arrange repayment of the debt.

It won’t erase the debt or the problem. However, it can provide some relief if you are dealing with harassment. The types of bailiff harassment you can complain about include:

• Repeatedly phoning, texting, or coming to your home
• Using offensive language
• Threats, including verbal and physical
• Violence
• Pressuring you to pay a debt that belongs to someone else
• Continuing to contact you after you have paid the debt off

You should also complain if the bailiffs can’t provide proof of the debt they’re collecting for.

Additionally, complain about a bailiff if they break the rules regarding gaining entry or refuse an offer of payment you propose, providing it’s reasonable.

Where Can I Complain About Bailiffs?

There are several places to launch your complaint about bailiffs’ behaviour.

The first step is to write a letter of complaint and send it to the bailiff company and the creditor to whom you owe money. Keep a copy of the complaints you send and proof of postage.

The bailiffs shouldn’t visit you again until the creditor has dealt with the complaint. If they visit, inform the bailiffs through closed doors or over the phone that you are awaiting a response to a formal complaint.

If you’re unhappy with the response to your complaint, you can take it further by complaining to the civil enforcement association or the ombudsman for the creditor you owe.

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Will the Bailiffs Come Back?

If you refuse entry, the bailiffs can return.

You can stop them from returning by calling their head office and arranging debt repayment. You might want to contact the original creditor (the company you owe the debt to) and offer to pay them directly.

In most cases, they will allow you to do this. However, you must pay off the bailiff fees in addition to the original money you owe. Otherwise, the bailiffs can continue to chase what you owe them.

What Happens If I Let a Bailiff In?

If you decide to let a bailiff in, they will take an inventory of the goods they want to seize and sell. They can walk around your home and even rummage through your drawers.

Bailiffs can’t seize:

• Household items that are necessary for your or your family’s domestic needs (e.g. fridge, washing machine, bedding, etc).
• Medical equipment or items that you need for care
• Vehicles, tools, or other items that are essential for your job (e.g. computer, phone, etc.)

When the inventory is completed, they may make a controlled goods agreement with you. If you don’t make a controlled goods agreement, the bailiffs can take your belongings and sell them to recover the debt.

If bailiffs have threatened to return with a locksmith, I suggest you contact an independent debt charity like Citizens Advice or National Debtline for help.

References

1. Citizens Advice – Debt Statistics and Bailiff Issues
2. FCA Handbook – CONC 7