In partnership with the Insolvency Network
Bailiffs and Repossession
Use the N245 to suspend the Bailiffs warrant
If you need urgent bailiff advice
call
0800 092 6350 anytime
Many of our clients have had visits from bailiffs, this can be a scary and intimidating but it happens every day and like all other aspects of debt there is a solution to the problem, we have taken calls from clients who have had a bailiff at their door while they were on the phone, our advisers are trained to deal with this situation and are available on the above number, we also provide a 24 hour out of hours service.
A bailiff is appointed by to collect debt on the behalf of a creditor (someone you owe money to). There are three kinds of bailiff:
- County court bailiff
- Certified bailiff
- Private bailiff
Each of the above specialises in the collection of a different type of debt, and they all have different legal powers when it comes to the collection of debts, however, some rules apply to all kinds of bailiffs.
In order to attempt to collect a debt for a creditor a bailiff must have a "warrant of execution" (sometimes shortened to just "a warrant"), bailiffs must also carry proof of identification which they must show if you ask them to. If you act quickly you can have this warrant suspended using the N245 form.
Depending upon the kind of bailiff that is going to visit they do have some flexibility with regards to the time that they can visit but the unwritten rule is that they should call between 8am-8pm.
Bailiffs collecting on behalf of the Inland Revenue can gain a warrant to force entry into your home but this is extremely rare. Other than in these extreme circumstances bailiffs only have, what is called "right of peaceful entry".
Right of peaceful entry means that the bailiff cannot break into your home or force their way past you if you open the door, however, they can climb over (not limited to) gates, walls and fences to gain access to though an open window or door anywhere in the house. In summary, if your windows and doors are locked it is not possible for a bailiff to gain peaceful entry unless you let them in.
Experienced bailiffs will often attempt to gain right of peaceful entry by walking straight into your property when the door is opened or asking if you would rather discuss the matter inside so as to avoid embarrassment. The best way to get rid of the bailiff is keep your door locked and to tell them though the locked door to go away. You cannot get into any trouble for denying a bailiff access to your home, occasionally they may be accompanied by the police, this is done to keep the peace and, sometimes, provide intimidation - it does not matter who is with the bailiff, they are only allowed right of peaceful entry.
After gaining peaceful entry
Once a bailiff has gained peaceful entry they are within their rights to go into any room and break open any locked areas or cupboards within the property, this is why is is vital to not allow them to gain entry in the first place. After gaining peaceful entry once the bailiff is then allowed to return to the property and enter without your permission, breaking in (using force) if need be. Once a bailiff has gained peaceful entry it is illegal to try to remove them and an attempt to do so could be classed as assault, if you find yourself in this situation then call the emergency number above and speak to one of our trained advisors.
The bailiff, while inside your home will attempt to reposes's any items which they consider of value with the intention of selling them off at auction, usually the auction will raise 10% of the value of the items which means that if you owe £500 the bailiff will attempt to reposes £5,000 of goods. Items are usually repossessed by the bailiff attaching a marker to them but it can be done verbally. Once an item is repossessed it becomes the legal property of the bailiff at which time a few options are available to them:
- A walking possession agreement can be presented to you for signing,
- The items can be taken away immediately,
- Someone can be left on the premises to guard the items (very rare),
- The items can be secured in your home (very rare).
A walking possession agreement
A bailiff cannot reposes clothing, bedding, furniture or household equipment, a bailiff can cease artifacts you would use to carry out your work but only if they are acting on behalf of the magistrates court.
If a bailiff seizes something you have bought on hire purchase then you should seek advice immediately as, because of the way HP agreements work, the items do not belong to you until they are fully paid for (call us).
What to do
Bailiffs have to provide notice in writing before coming to your home, it is important to act as soon as receive the notice, if you call us at this time we could contact the bailiff on your behalf and start to arrange a debt repayment plan that you can afford, we could also complete and send a N245 form to suspend the bailiffs warrant.