Bailiffs are individuals authorised to collect unpaid debts on behalf of creditors. However, many people are unaware of the extent of their powers and, in particular, whether they can legally seize belongings for someone else’s debt.
It’s a common concern among those living with someone in debt that their belongings may be seized by bailiffs, but this shouldn’t happen.
Do different bailiffs have different powers?
In the UK, there are many types of bailiffs (officially called enforcement agents). We’ve outlined each type along with their individual rights and responsibilities here:
County Court bailiff
County Court bailiffs are authorised to collect debts issued in a county court, such as unpaid County Court Judgments (CCJs).
They can enter a property to seize assets to cover the debt owed, but they must follow strict guidelines. For example, they must give you sufficient notice of their visit and can’t force their way in.
High Court enforcement officer
High Court enforcement officers are appointed to enforce High Court judgments and have more extensive powers than County Court bailiffs because the debts they collect are typically more serious.
They can enter a property without notice and use reasonable force to seize assets to cover the debt owed.
Certificated enforcement agents
A certificated enforcement agent is authorised by the courts and has the power to enforce a range of debts, such as council tax arrears and parking fines.
They must have a valid enforcement agent certificate and follow strict guidelines when seizing assets. They also cannot use force when they visit you and must provide at least seven days’ notice before entering a property.
How much debt do you have?
Is a bailiff the same as a debt collector?
It’s a common misconception that bailiffs and debt collectors are the same, but this isn’t true. In fact, there are several differences between them.
It’s important to know whether you are facing a visit from a bailiff or a debt collector as there are differences in the rules they must follow.
The biggest difference between a bailiff and a debt collector is the amount of power they have during the debt recovery process. For example, a debt collector has no more power than your creditor does, meaning they can only ask you to repay the debt and don’t have the legal right to enter your home or business premises to seize belongings.
In contrast, because a bailiff works on behalf of the court, they have greater legal power to recover payment of the debt and can seize items and force entry in certain circumstances.
What can a bailiff take?
Generally, bailiffs cannot list items that are essential for daily life or that you need for basic domestic needs, known as exempt goods. In other words, they will not remove your bed or appliances you use to cook food, but they may list your chest of drawers or a cupboard as these are not deemed essential.
They could also take chairs as long as they leave enough for every member of your household. In most cases, they will look for luxury items or items that would fetch the most money at public auction, such as jewellery, electronics, computer equipment, and games consoles.
You should be able to keep any items you need for work or study up to a total value of £1,350.
It’s important to note that bailiffs are not permitted to force entry to a property for most types of debts unless they have visited the property previously or you have broken a previous agreement you made with them.
During their first visit, they will likely set up a controlled goods agreement with you. This is an agreement where you get to keep your belongings in exchange for making regular payments towards the debt.
Can bailiffs take my belongings for someone else’s debt?
When bailiffs visit a property to collect payment or belongings for a debt, they can only seize items that belong to the debtor. The only way your belongings could be taken for someone else’s debt is if our name is also listed on the credit agreement because it’s a joint debt or you were a guarantor.
This means that, your belongings shouldn’t be seized if you don’t have a financial link to the debt. If an item that belongs outright to you and is taken by a bailiff for someone else’s debt, you should contact the company the bailiff works for and request that the item be returned to you. These goods are known as third-party goods.
It can also be useful to know what to do if a bailiff turns up at your door over a former tenant’s debt. In this situation, simply show them proof that they no longer live there (e.g. a recent bill with your name on it or your latest tenancy agreement).
Can bailiffs take my children’s things or belongings?
Bailiffs can only take control of the goods that belong to the person who owes the debt and is named on the enforcement notice. Any items that belong to other people, including a partner, lodger, child or flatmate, cannot be taken.
However, if the goods are jointly owned by you and someone else, they can be taken if your name is listed on the credit agreement as both individuals are jointly responsible for repaying 100% of the money owed.
If you can prove that the item was purchased by your child but you’re the one in debt, you should present this evidence to the bailiff company. They will then be able to advise you of the process for claiming back your child’s goods after they have been seized.
On the other hand, if your child is an adult and is the one is debt, their belongings will likely be listed and seized by bailiffs attempting to collect the debt – even if they live under your roof.
Ultimately, the onus is on you or your child to prove who is the sole owner of the goods.
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Can a bailiff take my hire purchase vehicle before the final payment has been made?
If you have a hire purchase or conditional sale agreement for a vehicle, it technically belongs to the finance company until you have made the last payment towards the finance agreement.
This means that, a bailiff cannot take your vehicle for debts that are unrelated to the hire purchase agreement, such as a personal loan or mortgage debt. Bailiffs also cannot take motability vehicles displaying a valid Blue Badge that is needed by a disabled person.
However, if the debt in question is related to the hire purchase agreement, such as missed payments or arrears, then the finance company might instruct a bailiff to repossess the vehicle. In this scenario, the bailiff is acting on behalf of the finance company and has the legal authority to take the vehicle to recover the debt owed as you have failed to keep up with your side of the agreement.
It’s important to note that there are certain legal requirements that must be met before a bailiff can seize a vehicle. For example, they must have a valid warrant or court order and can only take the vehicle from a public location or a private location that is accessible to the public (e.g. on the street or in your driveway).
Can bailiffs take goods belonging to my landlord?
An enforcement agent should not take control of goods that clearly belong solely to a third party who is not responsible for the debt, like your landlord.
If a bailiff tries to remove goods from your property that belong to your landlord, you should show them the tenancy agreement and the inventory to prove that the items belong to someone else and are not available to be seized.
However, if you cannot provide this information, it would be reasonable for them to assume you own the contents of your property and they might be removed. The landlord would then have to take action to ensure their goods are returned to them.
Can bailiffs come back to take further goods after the debt has been paid off?
If you have paid off the debt and you have no outstanding payments, there should be no reason for the bailiffs to return and seize any of your belongings. Therefore, if you believe that an enforcement agent has not acted in the correct fashion by continuing to harass you after the debt has been repaid, you have the right to make a complaint.
There are various routes you can take if you want to complain about a bailiff, but it is recommended to complain to the bailiff company and your creditor first. If you’re unsatisfied with the response to your original complaint, you can escalate it to the the Enforcement Conduct Board (ECB), which is an independent body designed to oversee the debt enforcement sector in England and Wales.
There are also many ombudsmans for different types of complaints. For example, if a bailiff visited you over council tax arrears, you can complain to the Local Government and Social Care Ombudsman. If, on the other hand, a bailiff visited you over a debt owed to the courts, you’ll need to complain to the Parliamentary and Health Services Ombudsman.
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Can bailiffs force entry and seize goods when the debtor is not there?
If you let bailiffs gain access to your property and allow them to list or “levy” the debtor’s goods, they will return to the property at a later date to seize the goods.
Once the goods have been taken, the debtor has seven days to pay off the debt before they are sold. In this situation, the fact that the debtor was not at the property when the bailiffs called does not matter.
It’s a common myth that refusing to let a bailiff into your home will put a stop to or delay the enforcement process, but this isn’t true. If you refuse to let a bailiff enter when they visit over someone else’s debt, they will continue to visit until they’re able to reach you.
How do I prove to bailiffs that items are mine?
There are many ways to prove to bailiffs that items belong to you when they visit your property.
Firstly, you should gather receipts, bank statements, or hire purchase agreements that clearly show that you were the one who purchased the item.
Similarly, if items of value are fully owned by someone else (e.g. a partner or flatmate), it’s crucial that you can prove they don’t belong to you and therefore cannot be taken as a lack of ownership could lead to bailiffs removing these items.
Remember, if bailiffs remove goods that belong to you for someone else’s debt, you must make a claim and request that the items be returned to you within seven days to prevent them from being sold at auction.
Can bailiffs seize my possessions over an unpaid phone bill?
Bailiffs can seize your possessions over an unpaid phone bill, but only if a court judgment like a CCJ has been issued first and you have failed to make payments towards it. This is because bailiffs act on behalf of a warrant, which must come from the court.
If you’ve receieved warning of a CCJ over an unpaid phone bill, it’s important not to ignore it. Failing to address a CCJ will only lead to further legal action.
How can I stop bailiffs taking my stuff if I owe money?
If you owe money and are concerned about bailiffs taking your belongings, there are several steps you can take to stop this from happening, such as:
Seek debt advice
The first step you should take if you’re worried about bailiffs is to seek debt advice from a debt charity or organisation, such as Citizens Advice. They can offer free and impartial advice on managing debt and dealing with bailiffs.
They can also provide expert guidance on your rights and outline your options for resolving your debt problems.
Contact your creditors about a repayment plan
If you’re anticipating bailiff action but you want to address the debt, contact your creditors and make an offer of repayment. Often, creditors will be willing to meet you in the middle and come to an agreement that is affordable and manageable for both parties.
This can help to put a plan in place and prevent the need for bailiffs to be involved altogether. This may also remove the need to pay bailiff fees. Bailiffs charge fees for several things, such as storing goods and selling them at auction.
Consider a formal debt solution
Lastly, consider using a formal debt solution, such as an Individual Voluntary Arrangement (IVA) or a Debt Relief Order (DRO), to resolve your debt issues.
These solutions can help to write off some of your debts and provide a structured payment plan that is affordable and tailored to your specific circumstances, which can prevent bailiffs from being involved and help you to regain control of your finances.
What should I do if a bailiff takes my belongings wrongfully?
If a bailiff has taken your belongings wrongfully, there are a number of steps you can take to address the situation. We’ve outlined them below:
Check the bailiff’s identification
Before taking any action, make sure the individual is a certified bailiff and has the legal authority to seize your belongings. To do this, confirm their details with the court they claim to work for.
Gather evidence
Next, you should collect any evidence that supports your claim, such as receipts, photographs, or witness statements. This can help you to build a strong case and help you recover your belongings.
Contact the bailiff company
Contact the bailiff company and inform them of the situation. Provide them with details of the wrongful seizure, providing as much information as possible, and ask them to return your belongings.
You can also complain about a bailiff if you believe they haven’t charged you the correct amount or they have behaved in an unacceptable manner around vulnerable people you live with.
Complain to a professional body
If you are unable to resolve the issue with the company the bailiff works for, you can complain to the relevant professional body, such as an ombudsman.
Seek legal advice
Lastly, if you have suffered financial loss or damage to your property as a result of the wrongful seizure, you may wish to seek legal advice.
A solicitor can advise you on your rights and help you to seek compensation.
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Conclusion
It’s normal to worry about what items can be taken when a bailiff visits your property over an unpaid debt. However, only items that are proven to belong to the debtor or items where the debtor is listed on the credit agreement as a joint owner or guarantor can be seized.
If items are wrongfully seized by a bailiff, you can make a claim for their return. This should be done before they are sold, which usually happens within seven days.
Usually, bailiffs can only force entry into your home as a last resort, for example, if you’ve broken a controlled goods agreement or you owe criminal fines.
