Dealing with Bailiffs

Bailiffs are employed by companies (such as lenders) and organisations (such as local authorities) to recover or seize property to offset a debt. The vast majority of bailiffs must have a distress warrant (relating to the taking of goods) from the county court or a liability order (sanctioning the intervention of a bailiff, or the deduction of sums owed from wages or benefits) from a magistrate's court.

Entering the Home

Bailiffs cannot enter your home by other than peaceful means. This means that they cannot force their way in, although they are allowed to enter if a door is left open, or to climb in through an open window.

Assrssing the Goods

Once a bailiff has gained peaceful entry they will 'levy on your goods', which means he or she can write a list of the goods they may take. They may only levy on goods that belong to the person named on the warrant or liability order, so they are not allowed to levy on goods that belong to, say, your children, or other members of your household.

Making Payment Arrangements

If you agree to make payments to offset the debt, the goods will not be removed. If, however, you default on the payment arrangement, the bailiffs are entitled to come back and seize goods. You may also be charged for their time in doing this.

Harassment

Although there is no legal definition of harassment by bailiffs, some of the following could constitute harassment:

• asking neighbours to provide information about you
• threatening to call the police - the police play no active role process of implementing a warrant or liability order, although they may be called to prevent a breach of the peace
• threatening arrest or imprisonment

If you feel that a bailiff is harassing you then this should be reported to company employing the bailiff, the county court, or your local authority's Trading Standards department.