If you’re being pursued by bailiffs for an unpaid debt, it’s important to know how the process works and, more importantly, how to negotiate a payment plan that all parties can agree on.
There are several options for dealing with bailiffs depending on your situation and whether you’re in a position to repay the debt in full or in instalments. The most important thing, however, is that you don’t ignore them.
This guide will go into more detail about making payments to bailiffs, including what you can do if a bailiff only wants full payment and what to do if a bailiff rejects your offer of payment.
What is a bailiff?
The term ‘bailiff’ is widely used but many people don’t know what it means or how it differs from a ‘debt collector’.
Put simply, a bailiff (officially known as an enforcement officer or agent) is a legal officer hired to collect unpaid debts on behalf of a creditor (the people you owe money to). They are authorised to visit your home to collect payment of the debt or seize belongings they can sell to repay the debt.
There are several different types of bailiffs, including County Court bailiffs, High Court enforcement officers, and civilian enforcement officers. The type of bailiff that visits you will depend on the type and severity of your debt.
Bailiffs can be used to enforce a wide range of debts, including unpaid County Court Judgments (CCJs), parking fines, income tax, and council tax arrears. They can also carry out repossessions and evictions if the debt is linked to mortgage or rent arrears.
Is a bailiff the same as a debt collector?
The word ‘bailiff’ is often used interchangeably with ‘debt collector’ but while both of their roles require them to collect unpaid debts, they are not the same.
Firstly, a bailiff has special legal powers to ensure you repay what you owe while a debt collector can only ask you to pay the debt. This means that a bailiff can seize items to repay the debt and take further legal action against you but a debt collector can’t take anything from your home or force you to pay anything.
Secondly, bailiffs tend to collect debts of some legal importance or that have involved a court hearing, such as criminal fines, tax arrears, and child maintenance payments, while debt collectors usually focus on commercial debts like personal loans, overdrafts, and credit cards.
How does bailiff action work?
Most bailiffs follow a similar process, regardless of which court they work for or the type of debt they’re collecting. We’ve outlined each step in more detail below:
Enforcement notice
The first step in the bailiff process is receiving something called an ‘enforcement notice’ in the post. This is a formal document designed to let you know that your creditor is preparing to take enforcement action against you to recover the money owed.
This letter will outline your debt and what your options are for dealing with it. In most cases, you’ll be given seven days to either pay the debt or propose an offer of payment before bailiffs visit your home.
Bailiff visit
If you haven’t paid the debt or come to an agreement over how to pay the debt within seven days, bailiffs will visit your home. They can only visit between the hours of 6 am and 9 pm and you don’t have to let them in on their first visit, meaning you can choose to speak with them through a window or letterbox instead if you wish.
It’s also important to ask to see a form of verification from a bailiff – all bailiffs are legally required to carry a valid ID on them and must produce proof of their certification when asked.
Controlled goods agreement
The first thing a bailiff will do when they visit you is to create a controlled goods agreement. This is a list of your belongings that they can sell at auction to make enough money to recover the debt they are owed.
The controlled goods agreement also involves a payment plan, which you must stick to if you want to keep the items listed. It will then be up to you to review the proposed terms and conditions and give your signature (alongside the bailiffs) to confirm you’re aware of what will happen if you don’t stick to the agreement.
Can bailiffs force entry into my home?
One of the most common questions people have when they face bailiff action is whether enforcement agents can force entry into their home and remove goods at will to repay a debt.
However, bailiffs can only force entry under strict circumstances and, in most cases, you don’t even have to let them inside on their first visit if you don’t want to.
Here are the situations in which bailiffs can force entry into your home:
If you owe money to HMRC
If you have unpaid income tax or VAT, a bailiff is allowed to force entry into your home to collect the money owed (as long as they have applied to the court for a warrant to do so).
It’s important to either repay a debt owed to HMRC in full or get in touch with HMRC to discuss your options before the debt escalates to this step.
If you break a controlled goods agreement
If a bailiff has previously attended your home and made a controlled goods agreement with you, breaking the terms and conditions of this agreement will lead to them returning and seizing the goods.
This may also lead to you being issued a ‘notice of intention to re-enter’, which means the bailiff has the right to enter your home using ‘reasonable force’. However, they will usually use a locksmith to unlock your door as they’re not allowed to break in or damage your property unnecessarily.
If the bailiffs entered peacefully on a previous visit
If a bailiff has gained peaceful entry on a previous visit and they’ve had to come back for the same debt, they are allowed to force entry if, for whatever reason, you don’t let them in.
It’s important to remember that the aim of bailiff action is never to cause worry or stress and most bailiffs would rather deal with the problem calmly and in a professional manner before resorting to forcing entry.
If you have unpaid criminal fines
If you have unpaid criminal fines, bailiffs can apply to the court for a warrant that allows them to force entry on their first visit.
This might happen if you were issued with a fine for not paying your TV licence and continued to ignore it for a prolonged period, despite being served an enforcement notice.
What can you do if bailiff only want full payment?
If a bailiff has been hired to collect a debt, it means your creditor is looking to recover the full amount they are owed. This means that some bailiffs can be pushy when trying to get you to pay and, in rare cases, an enforcement agent might refuse to accept anything less than the full amount.
However, if you haven’t paid the debt before it reaches this stage, it indicates that you don’t have the funds readily available and can only afford to make regular instalments towards what you owe.
The key to dealing with bailiffs is to offer as much as you possibly can towards the debt without putting yourself in financial difficulty. Even if there’s no way you can afford to repay the debt in full, offering something is always better than nothing at all.
In the rare event that a bailiff only wants full payment for a debt and refuses to accept anything less, you should complain to the company they work for directly and state the maximum amount you’re willing to pay.
They may ask to see a copy of your budget, which you should provide to show that the amount you’re proposing aligns with how much you have left over after your essential costs each month.
“No fuss, just simple, honest advice. Communication is good and they make the process as easy as they can.”
What rights and powers do bailiffs have?
There are certain rules bailiffs must follow when they visit you to enforce a debt and it’s important to know what these rights are if you’re expecting enforcement action. We’ve outlined the main things you should know below:
They can take jointly-owned items
Bailiffs can take items you own jointly with someone else when they visit you to recover payment of a debt provided they are not exempt. This could include a television, jewellery, or a vehicle you split the cost of with a partner or someone you live with.
However, the other person’s name must be listed on the credit agreement alongside yours for this to happen. If the item is in the other person’s name only and you’re not mentioned anywhere, it can’t be removed.
They are also only entitled to your share of any joint items they remove.
They can only visit between certain hours
Bailiffs can visit you on any day of the week, granted they’ve given you at least seven days’ notice. They can, however, only visit between the hours of 6am and 9pm without a court warrant stating otherwise.
The kinds of situations in which a bailiff might be able to visit outside of these hours are if they started seizing your belongings before the 9 pm deadline but have not finished or your belongings are held at a business premises that trades outside of these hours.
They can clamp and seize your car
Bailiffs will usually look for any vehicles parked near your home when they visit you to recover payment of a debt. This is because, for most people, it is the most valuable thing they own and will sell quickly and for a good price at auction.
However, there are certain situations in which bailiffs can’t take your vehicle. For example, if your car is used by a disabled person, you need it for work, or it’s used as your main residence, bailiffs can’t seize it.
What should I do if a bailiff has rejected my offer of payment?
It’s important to carefully consider your offer of payment before reaching out to the bailiff with a figure. The amount you propose must be reasonable in relation to the total amount owed as well as being affordable for you – offering too much could end up making your financial situation worse.
In some cases, a bailiff will refuse an offer of payment if it is deemed too low or they have reason to believe you can afford to pay more towards what you owe. When this happens, you have options:
Talk to your creditor
If a bailiff has refused your offer of payment, you should talk to your creditor and ask them to accept your offer of payment instead. They may agree to do this if they’re looking to recover the debt quickly.
The name of your creditor should be listed on the enforcement letter sent by the bailiffs, which can then be used to find their contact details. The best way to get in touch with them is usually to call them directly.
They might also ask you to send over a copy of your budget to help them decide whether to accept or refuse the offer of payment.
Make the payments
If both the bailiff and your creditor refuses your offer of payment, you should still try to repay the debt anyway. This can cover you in the event either party takes legal action against you and you need to prove that you tried to pay something.
If your creditor returns the money to you, you should keep it in a separate account in case they later decide to keep it and you need to access it quickly.
Contact the court
If you have a county court or high court debt (e.g. if you were taken to court by your creditor about the debt), you can apply to the court and ask them to decide what you should pay.
They will look at your current situation and budget to decide what they believe you can reasonably afford. If you’re happy with the amount proposed and are in a position to pay it, bailiffs will leave you alone.
Debt help tailored to you
From writing off a large portion of your debt, to readjusting your budget, we’ll find a solution that suits you.
Conclusion
If you’re facing enforcement action, it’s important you know what to do in the event your payment offer is rejected or the bailiff only wants full payment.
The good news is, when a bailiff visits you, they should always try to come to an agreement with you over how to pay the debt and, in most cases, they will accept an offer of payment if you can prove it’s the maximum amount you’re able to afford.
If your offer of payment is refused, you can suggest it to your creditor instead. They may be more willing to accept it if it means they are receiving something as opposed to nothing towards the debt.
