It can be a bit scary having a stranger pound on your door demanding to be allowed entry, knowing they are there to take your household possessions!
Have you been struggling to pay an account or possibly your council tax and now it has got to the point you are being threatened with Bailiffs being sent out?
— A Bailiff is an individual who is sent out due to an enforcement order being issued as the result of a CCJ/County Court Order being in place.
The Bailiff can be a private Bailiff or a certified bailiff. A certified Bailiff have supplied references and personal details to the court and the court has deemed them fit to certify. Bailiffs can be sent out for a variety of reasons, but usually in the attempt to collect a debt. A court Bailiff delivers legal paperwork to debtors on behalf of a creditor.
Certified Bailiffs are used to collect different types of debts, unpaid fines, council tax, enforcements of CCJ’s, etc. The various types of Bailiffs have different powers or authorities they can use in the collection of a debt. And they all must adhere to certain rules and regulations. Only a certified Bailiff can remove goods or possessions from your home.
— Warrant of Execution: This can be issued if you owe money to someone and it is being recovered under a CCJ/County Court Judgment.
Distress Warrant or Liability Order: These can be issued by a Magistrates Court in order to collect unpaid fines, council tax or maintenance payments..
— All Bailiffs must carry identification and show it upon request. Certified Bailiffs must show their Bailiffs General Certificate.
— Bailiffs must call at a “reasonable time”. This time is considered between the hours of 6am and 9pm. A Bailiff should never visit you on a Sunday or a bank holiday without permission from the court.
— There should be no reason for the police to be involved with Bailiffs unless it is to prevent a breach of peace. The police cannot assist Bailiffs in gaining entry to your home
— Do not allow any Bailiffs into your home and do not sign any paperwork or documents.
Keep your doors locked, windows closed and all shade, and curtains drawn.
If a Bailiff has already been allowed entry into your home and taken an accounting under a Walking Possession Agreement, and you fail to maintain the agreed payments, they can force entry upon their second visit. But they can only remove the items listed in the accounting. There are certain possessions Bailiffs cannot remove.
— Yes, you can complain about a Bailiff. bailiffs are expected to behave in a professional manner at all times.
You can first complain to the court or authority that had the Bailiff sent out, this may be a creditor you owe money to. Many Bailiffs belong to some form of trade association, you can complain to those as well.
Lastly you can take the Bailiff to court. If the proper procedures were not followed, or if goods were taken and sold at less than their second hand value, it can be considered negligence.