Your Rights When Dealing With Bailiffs

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Dealing with a bailiff visit is stressful, especially when you aren’t sure of your rights. Our quick guide will take you through:

• What a bailiff is
• When and where they can visit
• When they can force entry
• How much they can charge
• What they can take
• How to stop bailiffs
• 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. 

When can bailiffs visit?

There are no set rules about when bailiffs can visit, as long as they are not unreasonable. This usually means that a bailiff will visit between 6am and 9pm.

Bailiffs also need to avoid religious and cultural festivals unless absolutely necessary to visit on these times. If you are dealing with a debt collector, you can request that they limit house visits and contact you by letter. 

However, a HCEO might be able to visit outside of these times if they have a warrant from the court that allows it. 

Where can bailiffs visit?

Bailiffs are allowed to visit:

• Any property in England and Wales – Scotland has a separate legal jurisdiction so a sheriff’s decree is needed instead of a CCJ. 
• Any property where you live or run a business. 

That said, you’re most likely to be visited at home. But bailiffs can visit someone else’s property if:

• A court warrant allows it
• It’s known that you store goods there.

Can a bailiff force entry into my home?

Some bailiffs can force entry into your home. 

Debt collectors

Debt collectors cannot force entry into your home. They are not allowed on into your property without your permission.

So, if you don’t want them in your home, tell them to leave. They can’t do anything apart from leave. But it is a good idea to keep your door and windows locked if you are expecting a visit from a debt collector.

You can even refuse to open the door at all and talk to them through the letterbox if you feel more comfortable. 

HCEOs

HCEOs can force entry into your home, but they can’t on their first visit. On their first visit to your home, they are not allowed to:

• Climb through a window or skylight
• Push past you to get into your house
• Block you from closing your door. 

However, after the first visit and if they have a controlled goods agreement, they can use force if you don’t pay what was agreed.

Do I have to pay bailiff fees?

Yes, you have to pay fees that are added to your debt by bailiffs as long as they can prove that the debt is yours. 

Debt collectors’ fees can vary by company, but HCEO fees are standard. They’ll charge you:

• £75 for the Notice of Enforcement letter
• £190 and 7.5% of the debt value over £1,000 for the first visit
• £495 if you refuse to make arrangements to pay or if you break a payment agreement
• £525 plus 7.5% of the debt value over £1,000 for a second visit to take your goods
• Additional costs for the storage and auction of your belongings. 

You can get advice from a debt charity if you think you’ve been charged incorrectly.

What can’t bailiffs 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.

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.

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Can I stop bailiffs?

You can usually stop bailiffs chasing you by paying off your debts. But you can also stop them with a Stay of Execution if your creditor has already got a CCJ against you.

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 about a bailiff? 

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.