A bailiff often termed as an enforcement agent, is a person who is instructed either by a creditor to enforce a debt or fine or by a landlord to oust you. They can repossess and sell your property and pay the values to the creditors to compensate your debts. Generally, they work under a court to collect a debt they are also termed as the Country Court Bailiff.
There are four specific types of bailiffs, which basically differ according to the debt being collected, are
1. Private bailiffs: Private bailiffs are typically self-employed and work on a commission basis, receiving a percentage of the money they collect. They will be hired by private companies to collect debts such as unpaid parking fines, council tax arrears, and money owed to HMRC. They can be used to collect a debt by anyone.
2. Country court bailiffs: County Court bailiffs are HMCTS workers who work for the Court Service in County Courts to collect money that has been ordered by the court to be paid. They also serve court documents and carry out court orders such as property seizures. They are governed by the Court and must adhere to Ministry of Justice norms.
3. High court bailiffs: A bailiff employed by the High Court to enforce a County Court judgment that has been moved to the High Court for execution is known as a High Court Enforcement Officer (or Sheriff).
4. Magistrate court bailiffs: Bailiffs for a magistrate’s court are likewise part of the Court Service, but they work for a magistrate’s court and report to the clerk of the court. They primarily deal with the collecting of penalties levied in criminal cases.
In many cases, any collection agency may threaten someone to collect the dues, which you have refused to pay them, but they are not the Bailiffs. Neither they possess the power as a bailiff nor they can enforce you. They are those who are not Bailiff Register.
When will a bailiff visit your home?
Whenever you have failed to pay your dues in time to any of your creditors, the bailiffs can visit your home. They can seize goods from your home or can repossess your home to enforce certain arrest warrants.
The bailiffs are given specific instruction on how much is owed and they take action in case of council tax arrears, child support arrears, country or high court debts, or any types of tax debts.
Do bailiff have the right to enter your property?
Usually, if anyone doesn’t allow bailiffs to enter their home or business, they won’t enter your home between 9 am to 6 pm. They aren’t forced to gain entry when they visit the property for the first time. Usually, they can enter your property by the door, gate, attached garage, not by a window or climbing any fence or wall or any locked gate.
What should be done if you have a bailiff visit?
Whenever you might be in a situation when a bailiff can visit your home, you may not let them visit your property. In present times, the rules have been changed where the bailiffs don’t need to enter your property to take control of the goods. They can list the goods that can be seen through the windows.
You can close curtains or blinds on the window before and can also remove the high-value goods of your home to a place where the bailiffs can’t see them. When the bailiffs made a list of goods they can see from your window, they can’t take without authorization of yours. If you don’t want to sign any goods, they can neither force you to enter your room nor can take the goods, unless they are allowed to enter your home.
Will I get any warning before the bailiffs visit?
Whenever a bailiff visits your room, they will give you a warning before their visit. In case of the first visit of the bailiff, your creditor will send you a notice to your current address. The creditor may also instruct the bailiff to act using a warrant of control, which means the bailiff will be able to take away goods from your home which will be sold in the auction.
The bailiff will send you a letter, a notice of enforcement, where the cause of the visit will be explained. You have to pay the debt or any other payments within seven days. The bailiff will visit your home when you fail to visit your dues.
On their first visit to your home, the bailiff will make a list of goods that are to be sold to pay your dues. Usually, they don’t take away the goods on their first visit, rather they will make an agreement with you to pay your dues in the stipulated time.
Can bailiff force entry?
Bailiffs can only enter your home peacefully either through a front door or a back door. Before entering your room they have to explain themselves and their purpose of entry in your room. They can forcefully enter your rooms, only when they have a warrant with them.
Even when the bailiffs have taken care of the goods in your room from the window, still they can’t force you to enter your room or take the goods from your room. They only take the goods from your rooms on which they have made an agreement.
A bailiff can’t also take any goods from your room without your consent. They can’t make a list of goods they can see through the window, nor can they force you to take the goods. With your duly signed consent, they can take the goods from your home.
What happens if the bailiff don’t let make an entry?
If the bailiffs can’t enter your home in the first attempt they will visit again. In case of a county court judgment, any refusal towards the entry of the bailiffs to your home might cause a warrant which gives the bailiff the proper right to enter your room. The charges of the warrant will be added to your debt.
On the other hand, in some cases, the creditor can withdraw the warrant when they feel there is no chance to recover their money. In such cases, the bailiffs won’t visit your home again.
In the above section, detailed information has been provided about the bailiffs and their roles. Anybody who didn’t have a clear idea about bailiff UK will find it useful enough. For any more information regarding this, you may contact us through the comment section or CALL US on 03301225235. We will revert you back to solve your query.
Also, look into the Loans And Credit Card Payments Freeze for credit-related issues.