Can County Court Bailiffs Break in? Your Rights & The Law

Are you worried about a County Court Bailiff coming to your home because of a debt you have not paid? This is the right place to get some help.

Every month, more than 4,600 people like you visit our website looking for guidance on how to deal with courts and debts. We’ve offered useful information to many people, and we want to do the same for you.

In this article, you’ll learn:

• Who a County Court Bailiff is.
• What to do if a bailiff contacts you.
• When and why a bailiff might visit your home.
• How to lower or even write off some of your debt.
• What to do when a bailiff comes to your home.

We understand that this is a hard time for you. You might be worried and stressed about not being able to pay your debt. You might also be scared about court action or a visit from a bailiff. Some of our team members have been in your shoes, as they’ve also faced debts and court action. We know how you feel, and we are here to help.

Let’s get started.

What to do when County Court Bailiffs visit

If bailiffs send you a notice of enforcement, you should get a minimum of seven days before the first visit. It’s best to contact your creditor or the debt collection agency in charge of your debt and reach an agreement before bailiffs show up. 

This is because county court bailiffs will charge you for virtually every phase of the debt recovery process, from writing to you to visiting your home and even removing and selling your belongings.

However, if bailiffs visit your home, you want to ensure you handle the situation carefully to avoid getting into trouble with the court. Failing to comply with bailiffs can lead to the seizure of your valuables to settle your creditors. Here’s what to do if they visit you.

1. Pay up your creditor –  although you might incur additional charges if bailiffs visit, you should pay your debts off if you can afford to. Doing this saves you the stress of dealing with bailiffs and puts your mind at rest.

2. Pay in instalments – if you can’t pay what you owe at once, you might consider paying in instalments from your weekly or monthly earnings. Doing this will also keep enforcement officers off your door and give you peace of mind.

3. Seek a suitable debt solution – you can find a suitable debt solution to help clear your debts if you are in a financial situation. Some debt solutions can help you write off certain debts or make your repayment much easier. Typical examples of these debt solutions include:

· Individual voluntary arrangements (IVAs)

· Debt management plans

· Debt relief orders

· Administration orders

· Bankruptcy

4. Change your payment terms – although this may seem far-fetched to some, it’s a feasible way to avoid getting into further trouble with bailiffs’. You can contact your creditor and explain your financial circumstance to them while stating a new payment plan that will fit your situation.

This technique can be especially effective if you’ve paid part of your debts but can’t keep up with the payment due to a significant change in your financial situation, such as during a loss of employment.

Can County Court Bailiffs break in?

County Court bailiffs often cannot break into your home or business premises to recover debts or seize goods unless they have a court order. But even with a court order, they can only break in using “reasonable force.”

Reasonable force implies employing a locksmith to unlock your door, even though you may be charged the locksmith’s fees if they resort to such measures. The locksmith will unlock your door, and bailiffs will take your possessions to cover the owed money if you don’t pay.

It’s important to note that bailiffs can not force entry for all debts. They can only break in using reasonable force when collecting:

· HMRC tax debt

· Some court fines

· Goods listed on a Controlled Goods Agreement (CGA)

When can bailiffs visit?

Bailiffs can only visit you at reasonable hours between 6 am and 9 pm. Plus, they can come any day from Monday to Saturday, but not on Sundays, Bank Holidays, Good Friday, or Christmas Day, except with a court permit or legislation.

Can I refuse to open the door when bailiffs visit?

It’s often best to keep bailiffs outside your house or business premises and communicate through closed doors, especially on their first visit. That’s because even though they can’t seize your possessions on the first visit, they can list goods they can see in your home or business premises if you allow them in.

If they can list your possessions, they may present you with a “controlled goods agreement,” and it’s your choice to sign the agreement or not.

With the list of items in your home, they can get a court order to seize your possessions, called “a seizure order.” But if you don’t let them in, they can’t know the items in your home and cannot list them.

Will I get a warning before County Court Bailiffs visit?

Yes. Bailiffs will send you a letter known as “notice of enforcement” before the first visit. If you’re visited without a prior warning, you should double-check the identity of the officers to ensure you aren’t dealing with debt collectors.

Debt collectors can show up in your house unannounced to ask for unpaid debt, but they must not pretend to be county court bailiffs. They do not have the legal powers that bailiffs wield and so can not threaten you or take your goods.

If they pretend to be bailiffs, it’s a criminal offence, and you can report them. Debt collectors such as Lowell, Cabot, and PRA Group can ask for unpaid debts, but they must go through bailiffs to take any enforcement action.

Thousands have already tackled their debt

Every day our partners, The Debt Advice Service, help people find out whether they can lower their repayments and finally tackle or write off some of their debt.

Natasha

I’d recommend this firm to anyone struggling with debt – my mind has been put to rest, all is getting sorted.

Get started

Reviews shown are for The Debt Advice Service.

What is a controlled goods agreement?

A controlled goods agreement is an agreement that secures your goods to the debt you owe. When bailiffs visit your home for debt collection, and you’re unable to pay, they will list valuables belonging to you present within or outside your home if you allow them in.

If they return to demand owed money on the spot and you cannot pay, they decide to take some of the listed items. But, with a controlled goods agreement, you get to retain the right of use of your belongings by agreeing to and signing a repayment plan which will help settle the debt.

Typically, this repayment plan will clear the debts in instalments while you keep your belongings. If you don’t agree to sign the controlled goods agreement, bailiffs can get a seizure order, which means they may remove your goods and sell them to settle your debt.

Also, if you sign the contract but refuse to keep to the agreement, the bailiff could return to take your things and auction them to pay off your debt.

However, with a controlled goods agreement, you can negotiate a repayment plan and keep your possessions while you pay off your debt in instalments.

What does a controlled goods agreement contain?

The agreement should contain the following:

· The signature and name of the debtor or any person authorised by him

· Bailiff’s signature and name

· The name and address of the debtor

· The date of the agreement

· The contact phone number for the bailiff company.

· The hours of operation for the bailiff company’s contact number

· Description of the items listed, including manufacturer model and serial number. If there’s a vehicle, the registration, colour, and description should be taken.

· A schedule of the payment terms the debtor must make to settle the debt

If the possession is a vehicle parked on the road (a highway), the bailiff must leave a “notice after entry, and/or taking control of goods on a highway.” 

FAQs

What goods can bailiffs remove if they break in?

Bailiffs can take non-essential or luxury goods, such as:

· Vehicles you don’t need for work (including cars, motorbikes, or bicycles)

· Furniture

· Jewellery

· Art

· Televisions

· Technology/games consoles

What should bailiffs not take from my house?

Bailiffs can’t take essential items or things that belong to other people. For instance, they can’t take your kids’ items for a debt you owe. Other things bailiffs shouldn’t take include:

· pets or guide dogs

· things you need for your job or study, e.g., tools or computer equipment

· a vehicle displaying a valid Blue Badge (a Motability vehicle)

· permanently attached items

· things such as a kitchen unit can cause much damage if removed.

· beds and bedding, chairs and table, cooker, fridge, washing machine, phone, medical equipment, and other basic domestic needs