Hi Laleanne
I have some info which may be helpful, appologise for the length.
If the bailiff is enforcing a debt which has gone to either the county court or High Court, you can apply to the court to have the bailiff's action suspended. Where the bailiff is acting on behalf of the county court you will need to fill in an N245 - Application to Suspend the Warrant. This form can be obtained directly from your local county court or downloaded from the court service web site atDebt information library | Bailiffs | Bailiff Law
Bailiff Law
"Bailiffs have threatened to visit my home, can they do this? What powers of entry do they have? What would your advice be?"
NB. Some collection agencies will threaten to send someone to your home if you refuse to pay them the amounts they request.
This is not a bailiff, they are simply a representative of a Debt Collecting Agency and have no powers at all. You do not need to speak to them if you do not wish to.
A bailiff is someone who works on behalf of the courts. They can be used to take items from your home when you have not made a payment to one of your debts and they can also be used to repossess your home or to enforce certain arrest warrants. Here we are looking at the role of the bailiff when seizing goods.
Bailiffs can be used to seize goods for payment of arrears on all kinds of debt such as council tax arrears, child support arrears, debts in either the county court or High Court, national insurance, VAT and tax. There are several types of bailiff and it is important to find out what debt the bailiff is collecting as the rules and the law are slightly different in each case.
Before bailiffs can act they will first receive instruction by the issue of a warrant, which will specify how much you owe. How a warrant is issued and whether it can be stopped is dependant on the type of debt involved.
If the bailiff is enforcing a debt which has gone to either the county court or High Court, you can apply to the court to have the bailiff's action suspended. Where the bailiff is acting on behalf of the county court you will need to fill in an N245 - Application to Suspend the Warrant. This form can be obtained directly from your local county court or downloaded from the court service web site at
www.courtservice.gov.uk. You will need to complete the form and make an offer of payment. Instructions on how to complete it are contained on the form itself. You should then send the form (along with the relevant fee) to your local county court. In the High Court you will need to apply for a Stay of Execution. Contact a Payplan advisor for further information.
If the bailiff is collecting other types of debt you should contact the creditor and ask that they withdraw the bailiff and try to come to an arrangement to pay.
What powers does the bailiff have?
You do not have to let a bailiff into your home.
Bailiffs cannot use force to gain initial entry to a property; they can only use 'peaceable means'. Walking in through an unlocked door or climbing in through a window, in such a way as long as they cause no damage, is acceptable. Forcing their way past someone at the door is not. (The only exception being that bailiffs acting for the inspector of taxes can apply for a warrant to force entry on a first visit, but this is very rare).
A bailiff who has gained peaceful entry can use force to open internal doors and cupboards, and will be able to return to the property in the future and if peaceful entry is denied they have the power to break in.
Once the bailiff has gained access they can seize any goods which belong to the debtor although there are some general exceptions: tools, goods, vehicles and other items of equipment as are necessary to that person for use personally by him in his self-employment, business or vocation' and 'such clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of that person and his family'.
The bailiff is not allowed to take goods that do not belong to the debtor or are subject to hire purchase or conditional sale agreements . The bailiff can also take goods which are jointly owned by the debtor and another person, but if they are eventually sold they must pay the other person their share of the money.
If the bailiff gains peaceful entry they will make a list of all the goods that have been seized. The bailiff can remove goods immediately, and will usually do so where the goods in questions are vehicles. More commonly however, they will leave them on the premises and ask you sign a 'walking possession agreement'. A walking possession agreement means that the bailiff is now in control of the listed goods but is leaving them on the premises for you to look after and continue using. If you sign the walking possession the bailiff can usually charge an additional fee. You will have a short period of time to come to an agreement to pay the arrears (usually 5 days) before the bailiff can return with the intention of removing the goods to sell at public auction.
Complaints
Occasionally, the bailiff may do something wrong or act beyond their powers. When this happens there are various avenues for making a complaint. In the first instance, you should try complaining to the bailiff's firm. If this does not remedy the matter you can take the complaint to the creditor as the bailiff is acting as the creditors' agent. Check to see if the creditor has a formal complaints procedure and any codes of practice.
If the complaint is still not resolved you can take the matter to the bailiffs' professional or trade organisation. All have the power to discipline the bailiff including exclusion from membership and they can award compensation. If this is a route you want to pursue it may be advisable to contact your local free advice centre for assistance. You may consider taking action against the bailiff in the county court. Sometimes the issue of a Claim can prompt the bailiff into settling without the need and expense of actually having to attend court.
LILY
I asked God for a solution and have to live with his reply.
