A visit from a bailiff, formally an enforcement agent, is stressful, but the law sets out what they must do first and what they may not do. GOV.UK’s guidance describes these rules, and the Taking Control of Goods Regulations 2013 (which apply in England and Wales) supply the detail. GOV.UK notes that Scotland has a different process.
Who can send a bailiff, and the notice you must get
GOV.UK explains bailiffs may visit over unpaid debts such as Council Tax, parking fines, court fines and county court, High Court or family court judgments. There are different types, including certificated enforcement agents, High Court enforcement officers and county and family court bailiffs. Under regulation 6 of the 2013 Regulations, notice of enforcement must be given not less than 14 clear days before the agent takes control of goods. Where a debt adviser submits a request on the debtor’s behalf before that notice period ends, the minimum is extended to 28 clear days, subject to the exceptions in the regulation.
Do you have to let them in?
GOV.UK says you usually do not have to open your door or let a bailiff in. Bailiffs cannot enter by force, for example by pushing past you, cannot enter if only children under 16 or vulnerable people are present, cannot enter between 9pm and 6am, and cannot enter through anything except the door. GOV.UK adds that for certain debts (unpaid criminal fines, Income Tax or Stamp Duty), bailiffs may force entry as a last resort. If you do not let a bailiff in or agree to pay, they can take things from outside your home, such as a car, and you could end up owing more.
Checking who is at the door
Before letting anyone in or paying, GOV.UK says to ask for proof of identity such as a badge, ID card or certificate, which company they work for, a contact number and a detailed breakdown of the amount owed. GOV.UK says bailiffs must hold a certificate unless they are exempt or accompanied by someone who does, and anyone falsely claiming to be a bailiff is committing fraud. GOV.UK explains how to check a certificated agent on the register or a High Court enforcement officer on the published list, and to contact the court if someone says they are a county or family court bailiff.
What they can take, and how long the power lasts
If you let a bailiff in and do not pay, GOV.UK says they may take non-essential goods such as a TV or games console and sell them to cover the debt and their fees. They cannot take items you need, such as clothes, a cooker or fridge, work tools and equipment worth less than £1,350 together, or someone else’s belongings, though you may have to prove goods are not yours. Regulation 9 of the 2013 Regulations generally stops an agent taking control of goods more than 12 months after the date of the notice of enforcement, although a court can extend that period in specified circumstances.
Different bailiffs, different complaint routes
GOV.UK separates private bailiffs (certificated enforcement agents and High Court enforcement officers), county and family court bailiffs, and those enforcing magistrates’ court fines. Most bailiffs work for private companies, even when collecting for a council or the government. For a council or Transport for London debt, GOV.UK says to complain first to the council or TfL and, if still unhappy, to the Local Government and Social Care Ombudsman. For a serious complaint about a High Court enforcement officer, you can ask a High Court judge to consider whether they should continue to operate. For a county or family court bailiff, complain to the court they came from. Complaining is free, though GOV.UK warns you may face legal costs if a court decides a complaint had no reasonable grounds.
Paying, arranging instalments and complaining
You can pay on the doorstep and should get a receipt. GOV.UK says you can offer weekly or monthly instalments, but the bailiff does not have to accept. To complain, for example about threats, wrong fees or taking essential items, GOV.UK says to complain both to the bailiff’s firm and to the creditor. It explains further routes, such as the Local Government and Social Care Ombudsman for council debts, trade associations for members, and asking a court to consider a certificated agent’s certificate using form EAC2. Free debt advice is available from Citizens Advice, MoneyHelper, National Debtline and StepChange.
FAQs
Can a bailiff take goods without entering my home?
GOV.UK says if you do not let a bailiff in they could take things from outside your home, such as a car.
Is there any way to get extra time?
GOV.UK says you may be able to get extra time or debt advice if you are a vulnerable person, and the regulations extend the notice period in some circumstances where a debt adviser acts for you.
Do the same rules apply in Scotland?
No. GOV.UK states there is a different process in Scotland; the 2013 Regulations quoted here apply to England and Wales.
Bottom line
In England and Wales a bailiff must give at least 14 clear days’ notice, usually cannot force their way into your home, must prove who they are, and cannot take essential items. If a visit is looming, contact the creditor and a free debt adviser early, because arrangements are easier to make before goods are taken. This article is general information, not legal advice.
Sources
- GOV.UK, “Bailiff powers when they visit your home: What you can do when a bailiff visits”
- GOV.UK, “Bailiff powers when they visit your home: How to complain about a bailiff”
- legislation.gov.uk, “The Taking Control of Goods Regulations 2013, regulation 6”
- legislation.gov.uk, “The Taking Control of Goods Regulations 2013, regulation 9”