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Bailiffs

A Bailiff works on behalf of the courts to recover your belongings for payment of debts that you have failed to repay your creditors, usually after a County Court Judgment has been issued. However many debt collection agencies have been known to use the threat of bailiffs in order to recoup unpaid debts prior to the matter going to court. These types of bailiffs have no power at all, if you are in any doubt please contact one of our fully trained debt advisor for further advice and information today.

Do I have to let the Bailiffs in?

You do not have to let bailiffs into your home. Bailiffs must try to enter your home in a peaceful manner; this means that they cannot force entry into your home. A Bailiff can however enter your property through an open door – both front and back.
Bailiffs are aware of their limited powers and may use a variety of different means to gain entry peacefully such as attempting to walk in your house when you open the door, asking to use your telephone, asking to discuss matters inside etc. You do not have to go along with any of these methods.

What can the Bailiffs take?

After the bailiff has gained peaceful entry they will make a list of all the goods/belongings that are to be seized in the event that the debt still isn’t paid. The bailiff can also take goods which are jointly owned by you and another person, but if they are eventually sold they must pay the other person their share of the money.

The bailiffs are not normally allowed to take;

  • Items which belong to someone else
  • Rented goods
  • Goods subject to hire purchase or conditional sale agreements
  • Fixtures and fittings

 

What is a Walking Possession?

Once the bailiff has listed the goods to be taken for the value of debt owed, they may decide to take them straight away, however it is common that they may leave the goods at your home. If they do choose to leave the goods at your home, they will ask you to sign a walking possession which means that you agree to the bailiff returning at any time to recover the goods. You cannot throw away or sell these items. Signing a walking possession agreement will give you time – usually 5 days – to make arrangements for repaying the debt before the bailiff returns with the intention of removing the goods to sell at public auction.

Find out more about:

Debt Management Plans
Individual Voluntary Arrangements (IVA)
Debt Consolidation
Bankruptcy
View our Debt Help FAQs

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