You do not have to admit bailiffs to your home. But they do have a right to enter without using force, so if you leave a door or a window open they can legally come in through them. And once they are in your house they can use force to get into other parts of it. If entry is refused, they are bound to come back so it's no good thinking the problem will solve itself. You are going to need help, so we urge you to call us and talk to our advisers on Freephone 0800 917 3193.

What if you get a letter saying the bailiff is coming to your house?

It may still not be too late to discuss repayment with either the bailiff or the lender, and to rearrange your repayments.

In some cases you can apply to a court to stop the bailiff coming. We can give you advice on when this is appropriate, how you go about it, and if required apply on your behalf.

We can also talk to the bailiff for you – we are experienced in doing this and are likely to be able to reach a solution that does not involve you losing your property. Do have all the relevant papers to hand when you talk to us as we may have to ask you questions about exactly what the bailiff or lenders have said to you.

If a bailiff does call, try to have a friend present as a witness, and make a note of what the bailiffs says and what he claims he is able to do. We hope you find this page helpful in explaining what can be a very distressing experience, but please feel free to call us and talk to our advisers on Freephone 0800 917 3193.

What if the bailiff arrives at your door?

You do not have to let him in and he cannot enter by force. But if you do not intend to let him in, make sure your windows and doors are locked as he is allowed to enter your house without using force.

Bailiffs can use force to get to other parts of your property once they are inside. Also they can come back another time with permission to use force to enter, so keeping a bailiff out is no more than a very temporary solution.

If bailiffs do enter your house by force they are obliged to make sure it is 'safe and secure' before they leave.

What can they take away?

They cannot take away everything, especially basics. If they are acting on a County Court Judgment they cannot remove clothing, bedding, furniture and household equipment, or things you need for personal or business use such as tools, books or vehicles. But this may not apply to a bailiff acting for Council Tax, VAT or the Inland Revenue.

Also they cannot take things that belong to anyone else (other than the person whose name is on the warrant) – that includes goods on hire purchase or rented. But they can take things that are jointly owned.

Usually the bailiff will not remove the goods straight away, but will come to an arrangement with you so that you can temporarily keep the goods. This is called a "walking possession agreement". You pay the bailiff a maximum of £0.45 plus VAT per day, but this will only be for a few days to give you some breathing space, to contact the court and rearrange your repayments.

Once goods have been seized they will be put up for sale at auction. Although the bailiffs have to get the best price they can, it will probably be only a fraction of the cost of the goods when they were new.

What are your rights?

Remember you do not have to let bailiffs into your house the first time they call, but you should seek help immediately. You can get in touch with our advisers on Freephone 0800 917 3193.

Bailiffs must not behave threateningly or use bad language. Nor can they force entry into your home without special permission. If you think you have grounds for complaint, you can make one to the court or to your creditors.

What are the different types of bailiff?

A bailiff can be instructed by a creditor to get back money or reclaim goods that you have bought under a hire purchase agreement; or they could be instructed by a landlord to evict you if you have not paid your rent.

Bailiffs have authority, usually from a County Court, to seize your possessions to pay the debt you owe.

There are three different kinds of bailiffs: County Court bailiffs, Sheriff's Officers and private bailiffs.

County Court bailiffs: the County Court employs them directly and their guidelines are set out by the Lord Chancellor's Department.

Sheriff's Officers: the High Court employs them to work in geographically designated county areas. They are under the control of an Under-Sheriff responsible for that area and work from the local Sherriff's office. If a creditor is owed more than £600 and they have a judgement in their favour from the County Court, they can transfer the judgement up to the High Court for enforcement.

Private bailiffs: these are called 'certificated' bailiffs. This means they have been granted a certificate by the County Court. Some local authorities will insist on a certificate for all bailiff work, but strictly it is only necessary for rent arrears and council tax arrears and to enforce road traffic debts.

For more information regarding Bailiffs call our team of advisers on 0800 917 3193 now or complete our debt management enquiry form.

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