If your creditor has issued a CCJ against you, it’s important that you take action to repay what you owe so you can resolve the problem as soon as possible. CCJs are considered a serious form of legal action and shouldn’t be ignored.
However, while a CCJ is applied for by your creditor (the person you owe money to), you will be informed by a letter from the court and this can make it confusing to know who to communicate with or send payment to.
How much debt do you have?
What is a bailiff?
The term ‘bailiff‘ is commonly used to describe someone who collects debts but it’s important you know what they can and can’t do. Put simply, a bailiff (officially called an enforcement agent or a certificated enforcement agent) is someone who is hired by the court to collect unpaid debts on behalf of your creditor (the person you owe money to).
There are various different types of enforcement agents that operate in the UK. We’ve outlined each in more detail below:
County Court bailiff
A County Court bailiff is an enforcement officer employed by the County Court of England and Wales. County Court bailiffs primarily enforce a type of court order known as a County Court Judgment, which is a kind of court order that creditors can apply for to force you to repay what you owe, and can seize goods to recover the debt.
High Court enforcement officer
A High Court enforcement officer (sometimes known as a High Court bailiff) is an enforcement officer employed by the High Court of England and Wales.
High Court enforcement officers are hired to enforce higher value judgments, which are also known as High Court Writs.
Family Court bailiff
A Family Court bailiff is an enforcement officer employed by the Family Court of England and Wales. Family Court bailiffs primarily deal with cases related to family matters, such as child maintenance arrears, divorce, and other financial obligations of a similar nature.
Civilian enforcement officer
A civilian enforcement officer is an enforcement officer authorised by His Majesty’s Courts & Tribunals Service to enforce Magistrates’ Court orders. Civilian enforcement officers can seize and sell goods to recover money owed and execute warrants of arresr, committal, detention, and distraint.
Is a bailiff the same as a debt collector?
Both bailiffs and debt collectors are authorised to collect unpaid debts, but there are some key differences you should be aware of – especially if you’re expecting a visit from either of them.
The most important thing to remember about debt collectors is that they don’t have the same legal powers as bailiffs. So while they can ask you to repay the debt, they can’t enter your home or seize your belongings like a bailiff can.
The types of debt typically collected also differs between debt collectors bailiffs. For example, debt collectors tend to collect loans, credit cards, overdrafts, and utility arrears while bailiffs focus on more serious debts like unpaid CCJs, council tax arrears, business debts, child maintenance arrears, and income tax arrears.
“No fuss, just simple, honest advice. Communication is good and they make the process as easy as they can.”
How does bailiff action work?
Knowing what happens when bailiffs visit can help you know what’s likely to happen ahead of time. We’ve provided a brief summary of what to expect here:
Warrant of control
The first step is your creditor applying for a warrant of control, which is a legal document from the County Court that gives bailiffs the right to remove goods from your home and sell them to repay the debt.
Notice of enforcement
Once the bailiff has a warrant of control, they will serve you with a notice of enforcement, which is a letter warning you that bailiffs will visit after seven days if you don’t pay the debt or make an arrangement to pay it.
Controlled goods agreement
When a bailiff visits you, they will ask you to repay the debt in full. If you can’t, they will let you pay in monthly instalments and draw up a controlled goods agreement, which is a list of goods they will return and seize if you stop making payments towards the debt.
What items can bailiffs take?
There are certain items bailiffs are more likely to take when they visit you to recover a debt. They will usually look for items that are likely to sell quickly and for a good price at auction, such as vehicles, some furniture, jewellery, and electrical goods (e.g. computers, game consoles, televisions).
Bailiffs seizing your belongings to pay a debt can seem cruel but they don’t take things punitively or for the sake of it.
They also can’t remove items they can only see through a window or letterbox but can’t physically touch or move, meaning they can’t take things from inside your home if you don’t let them in.
What items can bailiffs not take?
The list of items bailiffs can’t take is much longer than the things they can take. Here is a list of some of the things bailiffs shouldn’t remove from your home:
- Things you need to live (e.g. white goods, beds and bedding, medical equipment, mobile phones and landlines)
- Things belonging to someone else (called third-party goods)
- Things you need for work or study up to a maximum value of £1,350 (e.g. tools, computers, textbooks)
- Things you’re paying for on finance (hire purchase vehicles, conditional sale agreements)
- Things permanently attached or fitted (e.g. wardrobes, kitchen units, lighting)
Can bailiffs force entry?
One of the biggest concerns among those facing enforcement action is whether bailiffs can force their way into your home after you refuse them entry. The good news is, bailiffs can only force entry in extreme circumstances and must leave if you ask them to on their first visit.
Bailiffs can only force entry if:
- You break a controlled goods agreement
- They’re there to collect an unpaid criminal fine
- They gained peaceful entry on a previous visit
- They’re there to collect an outstanding HMRC debt
Remember, some bailiffs will say you have to let them in or you must pay them on the doorstep, but this isn’t true. If you refuse to let them in, they’ll usually respect your wishes and leave but will return at a later date to try and recover payment or seize items.
Can I hide items from bailiffs?
Because bailiffs give you seven days’ notice of enforcement action, you may be tempted to hide or even remove items from your home ahead of their visit. But whether you can do this depends on which stage of the process you’re at.
If, for example, you haven’t received a notice of enforcement or you have received warning but bailiffs haven’t visited yet, you can safely hide or remove items.
If, however, bailiffs have already taken control of goods, interfering with them in any way (e.g. by hiding or removing them) could be considered a criminal offence.
Remember, if bailiffs leave without payment or goods during their first visit, they will return at a later date to try to come to an agreement with you – especially if they believe you have previously hidden or removed goods.
What can I do if bailiffs take items they’re not supposed to?
If bailiffs take items they’re not supposed to, you should take action and complain as soon as possible (ideally within seven days). The bailiffs must then respond to your complaint within 10 days, stating whether they made a mistake or want to challenge your claim.
In your complaint, you should explain why the item was exempt and include evidence of why they shouldn’t have taken it (e.g. if it belonged to someone else or you need it for daily life).
If the bailiffs still refuse to admit their mistake, you can complain to your creditor directly. This may help you get a quicker response.
Conclusion
Receiving an enforcement notice can be stressful, but knowing what bailiffs can and can’t take ahead of time can help you know what to expect.
Bailiffs will usually look for high-value items they can sell quickly and for a good price at suction and must never leave you without anything you need to live (e.g. furniture, clothing, and mobility vehicles).
If you’re worried about bailiffs, don’t hesitate to seek free advice from a financial advisor or charity like Citizens Advice. They will review your situation and provide advice on how you should proceed.
