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

What is the difference between a bailiff and a debt collector?

A debt collector does not have any legal powers to enforce a debt. A bailiff does.

Debt collector

• Works for a creditor or debt collection agency
• Cannot take anything from your home
• Cannot force you to make a payment

Bailiff or enforcement agent

• Usually works for the council or private companies
• Can collect priority debts
• Can visit your home
• Can remove things you own and sell them to pay your debt

It is important to know if you are dealing with a debt collector or a bailiff. Read our guide to bailiffs and debt collectors to find out more.

If you are getting letters or phone calls from debt collectors, it is still a sign you should deal with your debt. Find out how to get free debt advice.

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.

When and where can bailiffs visit?

Bailiffs turning up at your door should never be a surprise because they must send a letter before they visit you. This is called a 'notice of enforcement'. You have seven days to respond before they can visit you at home. This does not include Sundays, bank holidays, Good Friday and Christmas day.

When can they visit?

Bailiffs can visit:

• Between 6am and 9pm
• Monday - Saturday

They cannot visit on:

• Sundays
• Public or Bank holidays
• Good Friday
• Christmas Day

In some cases, they can get a court warrant that gives them extra rights. But this is rare. You can make a complaint about a bailiff if they visit you when they are not meant to.

Where can they visit?

Bailiffs are most likely to visit you at home. But they can visit any place you live or run a business.

They can also visit someone else's property if you store goods there and the bailiff has a court warrant.

They should not visit your workplace unless you are self-employed.

Learn more about dealing with bailiffs when they turn up.

Can bailiffs force entry? Do I have to let them in?

Bailiffs have the legal power to remove and sell your goods to pay a debt. But they have rules they must follow to do this. You have rights and should not be bullied into letting them into your home.

No forced entry

• Bailiffs cannot: Force their way in, block the door with their body or foot, or enter your home through a window
• Bailiffs can: Open an unlocked door, but must ask your permission to come in

It is safer to keep your doors locked all the time, including side gates and sheds.

Your space, your rules

Bailiffs must ask to enter your home if you are there. You do not have to let them in.

Make sure everyone else in your home knows not to let them in. You can speak to them about sorting the debt through the door, a window or on the phone.

Ask for proof

Bailiffs have to carry proof of who they are, like a badge or ID card. This proof will show you their name, what kind of bailiff they are, and who they work for.

If they say they have a court warrant, they must show you it. If they cannot prove who they are, tell them to leave.

Bailiffs do not need to enter your home to start taking control of some goods, like clamping your car if it is parked on the street or in your driveway. Find out more about what bailiffs can and cannot take.

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.

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.

Will they be like the bailiffs I have seen on TV?

Dealing with bailiffs is a stressful experience. But always remember that TV is made for entertainment and can make it look worse than it is.

There are lots of rules bailiffs must stick to and they cannot act aggressively, harass you or break into your home to collect most types of debt.

They can only enter forcefully for business debts or repossessing homes or vehicles. And this is only after a long process of trying to contact you and getting warrants to do this.

In real life, bailiffs spend a lot of their time knocking on doors and making payment arrangements.

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.