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A visit from a bailiff can be a very frightening and distressing experience. This section explains what a bailiff can and cannot do if they visit your home and what your rights are.

How do I know it is a bailiff at my door?

Bailiffs should provide identification or authorisation if you ask them to. Bailiffs collecting for rent must show their certificate from the county court if you ask them to. Bailiffs collecting unpaid council tax must show written authorisation from the local authority.

Can a bailiff call at night or on a weekend?

Only bailiffs collecting rent are obliged to call between sunrise and sunset, all other bailiffs can call at any time of day or night. However most bailiffs should call at a reasonable time, either during normal office hours or between 8.00am or 8pm.

Can a bailiff force his/her way into my house?

Most bailiffs do not have the right to force their way into your home to seize your goods. The only exception is that bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, but this is very rare. All other bailiffs have a right of peaceful entry only. This means that they cannot use force to enter your home, for example, by breaking a window or a door. However, they can enter your property through an open door or window (front and back) and can climb over fences and gates, but cannot break them down.

You do not have to let a bailiff into your house. A bailiff cannot force their way past you if you answer the door. If all your doors and windows are securely closed they will not be able to gain peaceful entry to your house unless you let them in.

Bailiffs are well aware of their limited powers and may use a variety of different means to gain entry peaceably. They may attempt to walk in as soon as a door is opened. They may ask if they can use your telephone to check if an arrangement is satisfactory with their office. They may simply ask you if you would prefer to discuss matters inside. You do not have to go along with any of these methods.

Can I be arrested or imprisoned for not letting a bailiff into my house?

No. If a bailiff is accompanied by the police, they are only there to prevent a breach of the peace. You cannot be arrested for refusing to allow a bailiff into your home.

You cannot be imprisoned for not paying your debts. However, non-payment of council tax, child maintenance or magistrates court fines can lead to imprisonment if you 'wilfully refuse' to pay. This means that the magistrates must be satisfied that you have the money but choose not to pay. You should be required to attend a magistrates court means enquiry hearing before this is decided. This gives you the chance to explain why you have not paid.

Are there any goods that the bailiff cannot seize?

Bailiffs (except bailiffs acting on behalf of the magistrate's court) cannot seize the following goods:

• tools, goods, vehicles and other items of equipment necessary for use by you in your employment, business or vocation;
• clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying the basic domestic needs of you and your family

Bailiffs acting on behalf of the magistrates' court cannot seize the following goods:

• clothing, beds and bedding tools of the trade
• basic domestic needs of the family would normally include fridge, cookers, freezers, but may not include video recorders, second TV's, jewellery, washing machines, stereos or microwave cookers.

What if the bailiff does seize goods that do not belong to me?

If a bailiff seizes goods that are subject to a Hire Purchase agreement, seek advice urgently. Goods on HP do not belong to you until you make the final payment, but there may be circumstances in which they can be seized.

If goods have been seized wrongfully, then the owner of the goods can apply for them to be returned. You will need to get further advice about this.

What should I do if a bailiff is about to visit my home?

Remember you do not have to let a bailiff into your house or flat. If you make sure that all doors and windows are locked, the bailiff will not be able to gain access to your home. If they cannot get in, they cannot lawfully seize goods. A bailiff may call a number of times to try and gain entry. Eventually they will return the warrant to the court or local authority if they are unable to gain entry, or you do not have enough goods to pay off the debt and fees.

Secondly, get the matter out of the hands of the bailiff and back to the county court, local authority or creditor. The next paragraph tells you how to do this.

If the debt is an unpaid county court judgement you can apply to the court to stop (suspend) the warrant and vary the instalments you were ordered to pay by the court.

You can apply to do this on form N245, available from the court. The form asks for details of your income and outgoings with a few personal details such as whether you work. You will have to pay a fee at the court (currently £30), unless you are getting income support, income-based job seeker's allowance or tax credits*. You may have to show proof that you are receiving these benefits.

(*You must have a gross annual income of £14213 or less and receive both working tax credit AND child tax credit, or working tax credit with a 'disability element' or a 'severe disability element'. Your tax credit award notice will contain this information)

The fee can also be waived if you are on a low income and payment of the fee would involve undue financial hardship. Applications for a fee reduction or waiver are dealt with entirely on an individual basis according to circumstance and there are no precise guidelines about when a fee should or should not be reduced or waived. In either case you must complete Form Ex160 and send or take it to the court with the N245.

Some county courts may refuse to suspend a warrant of execution until a walking possession agreement has been signed. This goes against guidance issued by the Lord Chancellors Department and if it happens to you seek further advice.

If bailiffs are collecting unpaid council tax it is often difficult to negotiate instalment payments with the bailiff or the local authority until the warrant is returned or withdrawn from the bailiff. However, you should try to negotiate instalment payments with the local authority and encourage them to withdraw the warrant from the bailiff. It is important to make clear that although you are unwilling to let the bailiff in, you are willing to make instalment payments at a rate that you can afford

Summary

When you are being pursued by a debt collector it is important to know your rights. They are not allowed to make your life a misery and cannot demand money you haven’t got.

Other rules that they should follow include:

• A debt collector should not contact you at unreasonable times. (e.g. at 7.00am)
• They cannot embarrass you in front of friends / family or discuss your debts with them.
• They cannot threaten to take your goods or send letters that look like court orders.
• Debt collectors cannot use threatening language or gestures.
• They cannot contact you too many times. If they call you more than twice a day this could be regarded as harassment.
• They cannot charge excessive fees for letters and calls.
• If a debt collector visits your home they must leave at your request.

The above information is provided as information only and does not constitute as advice or guidance.

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