Bailiffs, also known as enforcement agents, are appointed by creditors to collect debts or repossess property when a debtor fails to repay outstanding debts. Dealing with bailiffs can be a stressful and intimidating experience. However, knowing your rights and understanding how to handle the situation can make a significant difference. In this blog, we will provide guidance on how to deal with bailiffs, your rights, and the steps you can take to resolve your debt issues.
Know your rights
Before dealing with bailiffs, it’s essential to understand your rights. Bailiffs must follow specific rules and procedures, and knowing these can help you stay in control:
- Bailiffs must provide at least seven days’ notice before their first visit.
- They can only enter your home through a door and with your permission, unless a court order allows forced entry.
- They cannot enter your home if only vulnerable people or children under 16 are present.
- They cannot seize essential household items or items belonging to someone else.
- They must provide a written inventory of the goods they have taken.
Verify the bailiff's identity
When a bailiff visits your home, always ask for identification, including their name, company, and a telephone number. You can then verify their identity with the creditor or the bailiff’s company.
Negotiate with the bailiff
If you cannot pay the debt in full, try to negotiate a payment plan with the bailiff. Be realistic about what you can afford and provide evidence of your financial situation if necessary. If the bailiff agrees to a payment plan, make sure to get it in writing.
Seek professional advice
If you’re struggling with debt and facing action from bailiffs, it’s essential to seek professional advice as soon as possible. Organizations like Money Advice Helpline, Citizens Advice, and StepChange can provide free, impartial advice on your debt situation and help you explore your options.
Consider debt solutions
Depending on your circumstances, various debt solutions may help prevent further action from bailiffs:
Debt Management Plan (DMP)
A DMP is an informal agreement between you and your creditors to repay your debts at a more manageable rate.
Individual Voluntary Arrangement (IVA)
An IVA is a legally binding agreement to repay a portion of your debts over a set period, usually five to six years.
Debt Relief Order (DRO)
A DRO is suitable for those with little to no assets and low income, who cannot afford to repay their debts.
Complain if necessary
If you believe a bailiff has acted unprofessionally or broken the rules, you can make a complaint. First, complain to the bailiff’s company, and if you’re not satisfied with the response, escalate the complaint to the relevant trade body or the creditor.
Dealing with bailiffs can be overwhelming, but understanding your rights and knowing how to handle the situation can help you regain control. By seeking professional advice and exploring debt solutions, you can work towards resolving your debt issues and preventing further action from bailiffs.