Why Are Bailiffs Rude? Psychological Tactics to Fight Back!

Are you worried about a bailiff visiting your home? Feeling stressed about dealing with them? You’re not alone. Every month, over 170,000 people come to our website seeking guidance on problems like these.

In this article, we’ll help you understand:

• Why bailiffs might visit your home.
• What they can and cannot do.
• How to handle the stress they can cause.
• How to complain if you need to.
• Where to find more advice and support.

We know that dealing with a bailiff can feel scary. We understand because some of us have been in your shoes. But remember, you have rights, and there are rules that bailiffs must follow. We’re here to help you learn how to handle this tough situation.

Let’s get started.

What do I do if a Bailiff Comes to my House?

Having a bailiff knock on your door can be scary and intimidating. And with so much conflicting advice it is hardly surprising that some people don’t know what to do.

If you are in a similar situation as this forum user, the first thing that you should do is contact a debt charity for some free advice. Their advisors will be able to walk you through your rights and options in detail, as well as work out if a debt solution will work for your circumstances.

But, in the meantime, here are some quick-fire points on your rights when it comes to dealing with bailiffs:

• They can’t force entry but can enter through an unlocked door if you are out.
• Bailiffs will come to your house after a CCJ and after a Notice of Enforcement has been given to you.
• They can’t take things that belong to other people unless the other person is also liable for the debt – this includes things that belong to your children.
• There are strict rules on what they can take.
• There are strict rules if bailiffs are dealing with a vulnerable person.
• Some debt solutions will stop your creditor from taking legal action, which means bailiffs won’t be able to visit if the debt is part of a formal solution.

Dealing With Bailiff Psychological Tricks

Every county court bailiff is certified and on the official bailiff register. This means that a) every bailiff has to conform to a code of practice to retain their certification, and b) if you believe a bailiff has acted inappropriately, you can lodge an official complaint.

However, despite this, bailiffs often still try rude and threatening behaviour to try and get you to pay the debt or let them inside. They are often very good at walking a fine line between being rude and making you feel threatened that you will be harmed physically. Don’t let this scare you, they are all bark and no bite.

The best way to keep a bailiff in line, is to video the entire encounter on your mobile phone. That way, the bailiff knows that if they do act poorly, you have evidence of them doing so. Always ask the bailiff for their official ID when they call, and take a photograph of this ID. You can check they are actually on the bailiff register.

What if I am a Vulnerable Person?

Before you start addressing the Notice of Enforcement, you should know that if you: 

• Are disabled in any way or extremely ill
• Suffer from any kind of mental illness 
• Have children or are pregnant 
• Are under the age of 18 or over the age of 65
• Are dealing with a stressful situation such as the death of a loved one or unemployment 
• Don’t speak English very well 

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.

Furthermore, if any of these conditions apply to you, you can get more time to deal with the Notice of Enforcement. You can also get more time if the Notice of Enforcement was not sent to you properly by the bailiffs.  

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. I have a free letter template that you can use to explain your situation.

When you speak to the bailiffs, 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.

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How do I Complain About a Bailiff?

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

Make your first complaint to the bailiff’s company or agency 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’s company or agency may be fined. You could even be owed compensation.

If the bailiff’s company or agency 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.

Bailiff Visits for Council Tax Debt

If the county court sends in bailiffs to collect council tax arrears, you may have already settled the arrears prior to the visit. It takes a little time for the bailiff to be notified you have settled the debt. Therefore, to stop a bailiff from collecting a council tax debt you no longer owe, show them proof of payment. They must then leave.

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Bailiff Visits for Unpaid Court Fines

You might owe either civil or criminal fines to the court. A bailiff will generally have different powers, depending on which type of fine it is, as covered below.

• Civil fines – these are treated the same as any other debt and follow the same basic bailiff visit process that we have already covered.
• Criminal fines – in this case, the bailiff will likely be serving a criminal warrant to collect the fine. In this case, they can force their wait into your home. They might also arrest you as well.

Baliff Visits for Unpaid Car Loans

A bailiff visit for unpaid car finance is probably the most expensive kind of visit from a bailiff. And this is for several reasons. Your car is likely you most expensive item you own. If you don’t pay the car finance debt, your car could be taken away by a bailiff.

Remember we mentioned earlier that a bailiff can take items they find outside your home? And it is only items inside you can protect by denying them entry? This means that if your car is parked on the street or on your drive, then unless you can prove you need it for work (not just commuting), it is going to be taken on the very first bailiff visit to your home.

Other Bailiffs Visits

Some general advice for any kind of bailiff visit is listed in bullet points below. Follow these tips to ensure the bailiff visit goes as smoothly as possible.

1. Stay calm and don’t get angry even if the bailiff is being rude and threatening.
2. Do not leave the door unattended while talking to them. For example, moving away to get documents from inside your house. The bailiffs can then come inside.
3. If you have a sick or disabled person inside your home when the bailiff visits, you should tell them. They must then leave.
4. Take photos and video footage of the actions the bailiff takes.