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21st February 2008
What can Bailiffs do to you?
There are different types of bailiffs. In England and Wales
they've previously been known as bailiffs and sheriffs, and in
Scotland as sheriffs and messengers-at-arms. The one that visits
you depends on what type of debt you have. However, all these
officers have new names now, in a transparent attempt to
distance themselves from their bad reputations. Scottish
officers are all now called Judicial Officers and the officers
in England and Wales are called Enforcement Officers.
If your creditor sends a representative to your door It's
important to distinguish between a bailiff, who has authority
from the court, and a creditor's representative or debt
collector, who doesn't. (A 'creditor' is a person, company or
council that you owe money to.) If you have a visitor, ask to
see their ID and their warrant from the court. Only a bailiff
will have a warrant. If it's merely a company representative or
debt collector, sound guidance is: 'Keep your cool and don't
panic, you do not have to discuss the matter with them and they
do not have a right of entry to your home. Tell them you have
made your position clear and that you do not wish to discuss it
any further. If they won't take no for an answer, tell them that
you have asked them to leave and if they remain then they are
trespassing and you will call the police. If they remain, do
so.'
This time it is a bailiff at the door.
What can they do? If your creditor gets a court order, the judge can authorise bailiffs to visit and attempt to collect the debt. (In Scotland, a judge doesn't need to authorise bailiff visits for council debts.) You will know if you can expect bailiffs, because you should have received notice in writing. Further advice is: 'Contrary to popular belief, most bailiffs are reasonable, they just want to get the job done and they don't bear you any personal malice. If they call and you are not in, they will generally leave you a letter to say they have been and will leave you a number to call them on. You would be best advised to call them and try to make an arrangement to pay the debt, they will always generally listen to any proposal that you make, but don't mess them about.'
What can they take?
Bailiffs can take non-essential items, but they can't take essentials such as your oven, fridge, clothes, most furniture and tools of trade. They can take possessions outside your home, such as your car, garden furniture and shed contents.
Can they force their way in?
The basic rule is: 'Unless the debt that you owe is a Crown debt (a fine or council tax), a bailiff does not have a right to force entry.' However, there are exceptions. If you're behind with your rent or mortgage payments, your landlord or mortgage lender may get a court order to evict you. In this situation, the bailiffs are allowed to break into your home. You do not have to let them in and whatever you do, do not fall for the "well OK, if you just sign this to say I can't come in, I'll go" trick. 'What they will be asking you to sign is a walking possession order. Warning: If you sign this, then they can return at a later time and they can force entry then. The best way to deal with enforcement officers is to be polite but firm. Advice in this situation is: Make an offer of payment if you can afford to (it doesn't matter if this is only a couple of pounds per month) Do not let them in and Do not sign anything.
More dirty tricks - Experiences reported by our board users include bailiffs:
- Peering through windows to log your possessions
- Entering through open windows and unlocked doors, and scaling walls
- Taking vehicles
- Attempting to 'befriend' you, or asking to borrow your phone
If you get a court summons, always attend to get your case
across. If you've made a reasonable offer within your means and
kept written evidence of this, the judge may even reduce what
you have offered to penalise the creditor for wasting the
court's time.
These are all tricks to gain entry. Once inside, they can force
their way into the home next time they visit.
What you should do:
Contact your creditors before bailiffs get involved, if
possible. Offer them something, but not more than you can
afford, regardless of how little that is. Always follow-up phone
calls with your offer in writing.
Don't answer the door to bailiffs. Ask them to leave their card
and say you will make an offer in writing.
Keep your curtains and windows shut, and your car parked away
from your property.
If you get a court summons, always attend to get your case
across. If you've made a reasonable offer within your means and
kept written evidence of this, the judge may even reduce what
you have offered to penalise the creditor for wasting the
court's time.
Article reproduced from www.fool.co.uk (Motley Fool).