In the UK, bailiffs are agents tasked with enforcing court orders, usually involving the collection of debts, repossession of goods, or eviction of tenants.
Their role is governed by strict laws to ensure they operate fairly and within
limits. Here’s an explanation of how they work:
- County Court Bailiffs: Employed by the court, they enforce County Court Judgments (CCJs), such as recovering money owed or evicting tenants.
- High Court Enforcement Officers (HCEOs): Privately employed agents who enforce High Court or County Court judgments over £600. They often deal with larger or more serious debts.
- Certificated Enforcement Agents: Licensed individuals who typically collect debts such as council tax, parking fines, or unpaid utility bills.
- Non-Certificated Bailiffs: They are limited to specific actions, such as repossessing property (e.g. cars) on behalf of creditors but cannot collect debts.
When Bailiffs Are Used
Bailiffs are instructed to act after a creditor has obtained a court order or warrant against a debtor.
Common scenarios include:
- Council tax arrears
- Unpaid parking fines
- Rent arrears
- County Court or High Court Judgments
- Magistrates’ court fines (e.g., criminal penalties)
The Process Bailiffs Follow
- Notice of Enforcement: Before visiting, bailiffs must send a written notice at least 7 clear days in advance, detailing the debt owed and their intention to visit.
- Initial Visit: Bailiffs visit the debtor’s home or business to discuss payment. If payment cannot be made, they may take an inventory of goods to cover the debt (this is called a “Controlled Goods Agreement”).
- Taking Control of Goods: If a debtor doesn’t pay or agree to a payment plan, bailiffs may seize and sell items to recover the debt. However, they cannot take essential goods, such as clothing, tools of trade, or basic household items such as your fridge or bed.
- Removing Goods: In extreme cases, goods can be removed and sold at auction to recover the money owed.
Bailiffs’ Powers and Restrictions
What they can do:
- Enter through unlocked doors.
- Take non-essential goods to cover the debt.
- Charge fees for their services.
What they cannot do:
- Enter a property by force unless enforcing a High Court writ.
- Enter at night (usually between 9 pm – 6 am).
- Take goods that belong to someone else or are essential (e.g., a fridge, cooker, or mobility aids).
- Threaten or harass the debtor.
Rights of the Debtor
- Debtors can negotiate payment plans with bailiffs to avoid losing goods.
- Bailiffs must show identification and provide documentation about the debt.
- If bailiffs act unlawfully, debtors can complain to the creditor, their employer, or the court.
Fees Charged by Bailiffs
Bailiffs are allowed to charge fees at different stages of enforcement:
- Compliance Stage: Sending the notice (£75).
- Enforcement Stage: Visiting the debtor’s property (£235, plus 7.5% of debts over £1,500).
- Sale Stage: Removing and selling goods (£110, plus 7.5% of debts over £1,500).
Dealing with Bailiffs
If you’re dealing with bailiffs:
- Confirm their identity: Ask for ID and proof of their authority.
- Understand the debt: Ensure you owe the debt and that it’s within legal limits for enforcement.
- Seek advice: Contact us here at Dissolve Debt or contact debt charities such as StepChange, PayPlan & Citizens Advice for support.