Bailiffs

If you think that a bailiff may call at your house regarding unpaid, be aware that you do not have to let them in. However, if you leave any doors or windows open they have the right to enter through them.

Once a bailiff has gained entry they may also force entry to any other parts of the premises. However, if you do refuse to let a bailiff in then they will be sure to return at some other time and the problem will not go away. In the long term you need to seek help .

What can I do if I receive a notice to say a bailiff is coming to my house?

If you have received notification to say a bailiff is going to call at your house, you may be able to negotiate with them or the lender (creditor).

You may also be able to make an application to the court to suspend the bailiff's action. If you cannot suspend the bailiff's action, it may not be too late to make an offer to the bailiff to repay the debt over a period of time.

If you know a bailiff is going to call, try to have a witness there and make sure you note down everything the bailiff says or any of the powers they claim to have.

A visit from a bailiff can be a frightening and stressful experience. This page explains what a bailiff can and cannot do when they call at your home.

How do I deal with a bailiff at my door?

The bailiff can call at your house at any reasonable time to seize goods, but you do not have to let them in.

The bailiff cannot enter your house by force, but they can legally enter your property through open windows or unlocked doors, so make sure all your doors and windows are locked or closed!

Once the bailiff has been inside your house by entering peacefully, they can call again at a later date and enter your house without your permission, forcefully, to remove your goods.

When seizing goods the bailiff must leave the premises safe.
When in your house the bailiff has the right of access to all rooms and can force their way into other parts of the property.

Which goods can a bailiff take?

There are some exceptions to what the bailiff can take from your home:-

The established common law which the sheriff operates is that only the property  owned by you as the debtor or defendant may be taken in execution a warrant by the bailiff.

Although the sheriff is not required to conclusively establish ownership before seizure he or she must form a reasonable belief and make reasonable enquiries as to ownership.

Goods seized by the bailiff must be put into auction to be sold, the bailiff is under a legal obligation to obtain the best price possible. As the goods are second-hand, the value of the goods are only a fraction of what their new value was. A bailiff will often identify many more goods than you might expect.

Your rights

You cannot be sent to prision for not co-operating with a bailiff. You do not have to let them into your house. You should seek advice as soon as possible.

A bailiff must not threaten you illegally, force entry to your home or use offensive language. If you are concerned about a bailiff's behaviour, you can complain either to the creditor or to the court that sent them.