What types of complaint can I make about bailiffs?
Bailiffs need to follow specific rules, called the National Standards for Enforcement. These rules cover:
- Their ethical and professional duties
- The complaints process
- When they can and cannot visit you
- How and when they are allowed to enter a home
- Taking goods
- Dealing with vulnerable people
If you think they have broken any of these rules, you can complain.
What are bailiffs not allowed to do?
They must not break rules about entering your home
- They need to send you a ‘notice of enforcement’ before visiting you
- They can only enter your home peacefully through a door
- They cannot stop you from closing the door, like blocking it with their foot or shoulder
They must not take goods they are not allowed to take
- They need to leave you with basic household items
- They should only take enough items that will sell to pay off your debt. No more than that
Find out more about what bailiffs can and cannot take.
They must not take goods that do not belong to you
- They must take reasonable steps to check who owns the things they take
They must not harass or threaten you
- Bailiffs are not allowed to be aggressive
- They cannot turn up at your place of work unless you are self-employed
They must not try to mislead you
Some bailiffs might say things to make you do what they want. They should not lie or make it seem like something will happen when it might not. That could be:
- Saying you will be arrested
- Telling you a locksmith will break into your home
They must not fail to share information
- They must show you their identification and tell you which creditor they are collecting for
- They must show you their court warrant too
- They should give you a reasonable chance to pay what you owe
Find out more about bailiffs’ rights and powers.
Rules for people considered vulnerable
There are extra rules bailiffs must follow when visiting the homes of people who are 'vulnerable'. These could be:
- People living with a serious illness or disability
- Pregnant women
- Someone who recently lost a job
- Someone who has lost a loved one
- Single parent families
- Anyone who finds it harder to communicate
- Older people
Are you considered vulnerable? Tell the people you owe and anyone who contacts you.
Bailiffs must:
- Tell the creditor they are working for that you are vulnerable
- Leave the property if a vulnerable person or child under 16 years old is home alone
- Leave straight away and not ask questions if a child under 12 years old is home alone
- Stop collection activity if it is clear you do not understand what you are signing
- Arrange an interpreter, like a British Sign Language interpreter, where they can
- Make sure communications with you are available in large print, braille and other languages if you need it
Bailiffs cannot:
- Take medical equipment
- Take transport aids and disability equipment like electric wheelchairs
- Take money from a vulnerable person without giving them the chance for help and advice
Find out more about how creditors must treat vulnerable customers.
Can I complain about bailiffs’ fees?
There are set fees that bailiffs cannot charge more for. These can only be charged at certain stages in the collection process. You can complain if the bailiff added them before.
When you complain about bailiff fees, apply to the court for a more detailed breakdown of charges.
You can also complain if:
- They visited you when they were not supposed to
- The controlled goods agreement was not correct
- They took goods they were not supposed to
- Some fees were added but not listed on the paperwork the bailiff gave you
- They insisted you make payments you cannot afford
- They are harassing or threatening you