What Can Bailiffs Do To You?

This article was originally sent to Fools as part of our 'Good, Bad and the Ugly' email series.

We continue our 'the Good, the Bad and the Ugly' series with a look at bailiffs. And boy are they ugly.

There are different types of bailiffs. In Scotland they're known as sheriffs and messengers-at-arms. In England and Wales they've previously been known as bailiffs and sheriffs. The one that visits you depends on what type of debt you have.

However, the English/Welsh officers have a new name now, in a transparent attempt to distance themselves from their bad reputations. They're all now called 'Enforcement Officers'. And so they'll remain until people catch on. Then they'll probably be known as EATHTPWTOs (pronounced Eeth-ter-pwat-toes): Ethical Assistants That Help The Public With Their Obligations.

But let's just call them all bailiffs. So what can they do to you? I'll answer that with help from debt expert SON1C, from our Dealing with Debt discussion board.

My apologies to residents of Scotland, but it's far harder to obtain accurate information about bailiffs in Scotland. I have attempted to contact the society for Scottish bailiffs (the SMASO) to explain the differences with Wales and England, but without success.

You should still find this article useful though. On the whole, I believe that Scottish bailiffs behave better and are more tightly regulated than English and Welsh ones, so it's appropriate for you to consider the following as a 'worst-case scenario' and rule-of-thumb.

If your creditor sends a representative to your door

It's important to distinguish between a bailiff, who has authority from the court, and a creditor's representative or debt collector, who doesn't. (A 'creditor' is a person, company or council that you owe money to.)

If you have a visitor, ask to see their ID and their warrant from the court. Only a bailiff will have a warrant. If it's merely a company representative or debt collector, SON1C's sound guidance is:

'Keep your cool and don't panic, you do not have to discuss the matter with them and they do not have a right of entry to your home. Tell them you have made your position clear and that you do not wish to discuss it any further. If they won't take no for an answer, tell them that you have asked them to leave and if they remain then they are trespassing and you will call the police. If they remain, do so.'

This time it is a bailiff at the door. What can they do?

If your creditor gets a court order, the judge can authorise bailiffs to visit and attempt to collect the debt. (In Scotland, a judge doesn't need to authorise bailiff visits for council debts.) You will know if you can expect bailiffs, because you should have received notice in writing.

Further advice from SON1C is:

'Contrary to popular belief, most bailiffs are reasonable, they just want to get the job done and they don't bear you any personal malice. If they call and you are not in, they will generally leave you a letter to say they have been and will leave you a number to call them on. You would be best advised to call them and try to make an arrangement to pay the debt, they will always generally listen to any proposal that you make, but don't mess them about.'

What can they take?

Bailiffs can take non-essential items, but they can't take essentials such as your oven, fridge, clothes, most furniture and reasonable tools of trade. They can take possessions outside your home, such as your car, garden furniture and shed contents. What bailiffs can't take is set out by statute (law).

Can they force their way in?

The basic rule is:

'Unless the debt that you owe is a Crown debt (a fine or council tax), a bailiff does not have a right to force entry.'

However, there are exceptions. If you're behind with your rent or mortgage payments, your landlord or mortgage lender may get a court order to evict you. In this situation, the bailiffs are allowed to break into your home.

SON1C also points out:

'You do not have to let them in and whatever you do, do not fall for the "well OK, if you just sign this to say I can't come in, I'll go" trick.

'What they will be asking you to sign is a walking possession order. Warning: If you sign this, then they can return at a later time and they can force entry then. The best way to deal with enforcement officers is to be polite but firm. My advice in this situation is: Make an offer of payment if you can afford to (it doesn't matter if this is only a couple of pounds per month) Do not let them in and Do not sign anything'

More dirty tricks

Experiences reported by our board users include bailiffs:

• Peering through windows to log your possessions
• Entering through open windows and unlocked doors, and scaling walls
• Taking vehicles
• Attempting to 'befriend' you, or asking to borrow your phone
• If you get a court summons, always attend to get your case across. If you've made a reasonable offer within your means and kept written evidence of this, the judge may even reduce what you have offered to penalise the creditor for wasting the court's time.

These are all tricks to gain entry. Once inside, they can force their way into the home next time they visit.

What you should do

• Contact your creditors before bailiffs get involved, if possible. Offer them something, but not more than you can afford, regardless of how little that is. Always follow-up phone calls with your offer in writing.
• Don't answer the door to bailiffs. Ask them to leave their card and say you will make an offer in writing.
• Keep your curtains and windows shut, and your car parked away from your property.
• If you get a court summons, always attend to get your case across. If you've made a reasonable offer within your means and kept written evidence of this, the judge may even reduce what you have offered to penalise the creditor for wasting the court's time.

Useful resources: see SON1C's excellent website. Read our guide: How To Get Out Of Debt. And talk anonymously to SON1C and other knowledgeable Fools on our Dealing with Debt board.

This article was amended after a tip-off from a bailiff: a Scottish Sheriff Officer, in fact. They are beautiful people after all.