What can bailiffs do?
Bailiffs must send you a letter telling you of their visit. This is called a notice of enforcement. You should get it 14 clear days before the visit, allowing for weekends.
Notice of enforcement extensions
The notice of enforcement explains a debt advice provider such as StepChange can apply to extend the notice period from 14 days to 28 days.
It is best to complete debt advice first, as this will help check if you can apply for Breathing Space. If you can, Breathing Space offers you up to 60 days of protections.
If Breathing Space is not right for you, you can request an extension to the enforcement notice. You can do this by calling us once your debt advice is complete.
You should have at least 14 or 28 days to either pay the debt in full, or come to an arrangement to repay the debt in instalments.
The bailiff will visit if you do not do either of these.
A bailiff can only enter your home through a door in a peaceful way, with your consent.
They must let you know who they are and why they are there.
Bailiffs cannot:
- Use force to enter your home (except for criminal fines and some tax debts)
- Break down your doors
- Push past you to get in
- Enter if there is only a child under the age of 16 at home
Once they are inside, they can make a list of goods to later sell at auction.
In most cases we recommend that you do not let them in.
Bailiffs can use force to collect a criminal fine. This is a last resort and rarely happens.
Bailiffs can use force when collecting tax debts for HMRC. But they need court permission and this is also rare.
Bailiffs have more powers when they collect from a business.
They can break in if you are self-employed and own a shop or workshop.
What do I do if the bailiff is outside?
You have every right to lock the door and talk to them through the letterbox or an upstairs window.
When a bailiff comes into your home they will make a list of any items of value you have and give you a chance to make payments with a ‘controlled goods agreement’.
It is rare for them to take things right away.
Find out what bailiffs can take from your home.
Bailiffs can return to take things if you do not make your agreed payments.
They sell your items to pay the debt.
Remember: Bailiffs can force entry on their next visit if:
- They have already been in your home
- They made a list of goods
What can debt collectors do?
Debt collectors do not have any special powers to collect a debt.
They can contact you by phone, letter, and home visits (which are less common).
When a debt collector shows up at your house:
- You do not have to open the door to them or let them in
- They have to go if you ask them to leave
- They cannot take anything from your home
- They must show ID if you ask
They may ask you to make a payment right away, but you do not have to. Call your creditor to make an arrangement as this gives you more control over what you offer to pay.
Make sure to get a receipt if you do pay cash to a debt collector.