What if I get a threatening letter from a bailiff about my debts?

Sometimes bailiffs have the wrong address, but this is rare. It is usually if someone else has lived in your home before you and did not update their information.

If the debt is not yours, you will not have to pay it. Bailiffs cannot take your belongings to pay for another person’s debt. But if you do not explain they have the wrong person, they will carry on collecting the debt from you.

If you get a letter for someone else, it is best to call the bailiffs as soon as possible and tell them you are not the person named on the notice of enforcement. You can find their number on the letter.

If you do not reply to the letter in seven days, bailiffs are allowed to visit your home.

Tell them you will send proof you do not owe the debt. Ask them to put your case on hold while you send proof. They must do this if you ask them to.

If bailiffs keep contacting you after you have shown the debt is not yours, it can be seen as harassment. Find out how to make a complaint about bailiffs.

If you are considered vulnerable, you can ask that the people you owe stop enforcement action.

You can use our sample letter to do this.

Scammers sometimes pose as bailiffs and call people to take their money. If someone calls you and says they are a bailiff, a High Court Enforcement Officer (HCEO) or Civil Enforcement Agent (CEA), remember that real bailiffs will never:

• Ask for your bank details over the phone
• Call you and ask you to make a bank transfer using your sort code and account number

If this happens, you should never make any payments or provide your bank details.

When bailiff turns up at your home, they must:

• Wear a body camera and have this switched on
• Show their identification
• Show information about which creditor they are working for
• Show copies of their court warrant

If the bailiff cannot give this information, do not let them into your home.

Have you have been affected by this scam? You can report it to Action Fraud online or call 0300 123 2040.

What debts can a bailiff collect?

Bailiffs can collect:

• Council tax arrears
• Child maintenance arrears
• Criminal fines
• County Court judgments (CCJs) if you ignored it or did not pay the right amount
• Parking penalties issued by the local council
• Road traffic penalties
• Tax and National Insurance arrears if you are self-employed

Bailiffs cannot collect debts like payday loans, credit cards and overdrafts, unless you have a CCJ for them. These types of debt are covered by the Consumer Credit Act.

Do the police help bailiffs collect debts?

The police can sometimes go to a property with a bailiff, but they must not side with or help the bailiff. They are usually there to make sure everyone is safe if there has been a cause for concern.

They are only likely to be there if:

• The bailiff is a High Court Enforcement Officer and has a ‘writ of control’ from the court
• The bailiff has a court warrant to force entry, and the court agreed the police can attend
• The police need to make sure there is no disturbance

You cannot be arrested for refusing entry to a bailiff.

Can a bailiff refuse a payment plan?

Share your budget to show the bailiff what you can and cannot afford to pay. They should tell your creditor what you are offering to pay. But they could refuse.

If this happens, you should keep paying the debt anyway and go straight to your creditor to:

• Show them your budget
• Explain what you can afford
• See if they will accept your offer instead

Bailiff rules mean they must only ask for reasonable rates of payment. If you think the bailiff is asking for payments you cannot afford, you can complain.

Council tax and bailiffs

Council tax is a priority debt. Your local authority can get a court order for bailiffs to collect the money if you do not pay. This is usually after trying other ways to collect the debt.

Read more about unpaid council tax debts.

County Court Judgments (CCJs) and bailiffs

When you do not pay a CCJ or make a payment arrangement, your creditors can take further action like sending a bailiff to collect the debt. They do this through a warrant of control. They could contact you by phone or visit your home.

Read more about what happens if you ignore a CCJ.

Bailiff evictions and house repossession

Bailiffs are often involved in home repossessions and eviction from rental properties.

These are both a last resort.

Find out what to do if you are worried about losing your home.

How do I complain about a bailiff?

You can make a complaint if bailiffs do not follow the rules on how to treat you. You can also complain about:

• Bailiff fees
• If they take goods they are not supposed to

Read our guide to bailiff complaints and what to do if you are not happy with how your complaint was handled.

How we can help with bailiffs

Getting a letter from bailiffs or having them turn up at your home is a sign you need debt help. It can be scary, but we are here to support you.

Get free and impartial advice online with our debt advice and support service. You can start, pause and come back to it later. Getting advice will not affect your credit file or impact your credit score.