money site for personal finance information on mortgages, savings, borrowings and taxes.money site for personal finance information on mortgages, savings, borrowings and taxes.money site for personal finance information on mortgages, savings, borrowings and taxes.money site for personal finance information on mortgages, savings, borrowings and taxes.

 

Bailiffs

With fines and debts worth millions of pounds going unpaid every year, bailiffs are busy as never before. We examine what you do and what rights you have when a bailiff knocks on your door.

If you are having problems paying a fine, contact the court or relevant organisation and try to negotiate with them. If they don't know your situation, they could assume the worst - that you have no intention of paying. Once it reaches this stage, the debt could be passed to a debt collection agency or a warrant might be issued by a court which authorises a firm of bailiffs to try to recover the debt from you.

How to pay a bailiff

Bailiffs recover money that people owe to their clients. They will ask for a secure method of payment - cash, debit or credit card. If you pay by card, you will also have to pay a handling fee. If a bailiff visits your home, you will have to pay a fee. Fees are set at different rates according to the type of debt and court.

Are they allowed in?

Bailiffs, generally, do not have the right to force entry into your home. They must gain 'peaceful entry' by you letting them in, by coming in through a closed but unlocked door or open window, or by you having let them in before. If you cannot pay, bailiffs are only entitled to take your belongings if they have the appropriate written authority - for example, a warrant issued by a court or creditor. However, this still does not guarantee entry to your home and they should leave basic household items such as beds, clothing and items of equipment you need to do your job.

Seeking advice

If bailiffs take your belongings, the company you owe money to can sell your goods at auction, perhaps for only a fraction of their value. More fees will be charged for removing, storing and selling your belongings. The law on bailiffs is very complicated and rules depend on what the debt is and who you owe it to. At most stages of the debt recovery process, there are opportunities to negotiate. Contact your local Citizens Advice Bureau for advice relating to your specific circumstances.

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The opinions expressed are those of the author. The material is for general information only and does not constitute investment, tax, legal or other form of advice. You should not rely on this information to make (or refrain from making) any decisions. Always obtain independent, professional advice for your own particular situation.

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