People run into debt for all sorts of reasons, unemployment, illness, bereavement, divorce, arrival of a new baby or increase in interest rates. If you are honest and contact your creditors as soon as you realise there is a problem, you will find they will generally be reasonable with you in helping you resolve the situation. The problems begin if you fail to make every attempt to settle your debts and the creditor takes you to court. A court can order the seizure of your possessions – amounting to the equivalent sum of your debt and this is carried out by a bailiff.

There are two different types depending on what kind of debt you owe:

Consumer debt, i.e. those you run up on credit cards or with a bank are usually handled by a County Court and a bailiff can be authorised to collect a debt or fine from you at any time of day. If you are "not in" they may keep coming back until they reach you or ask the court to issue a personal summons.

Council debt – i.e. non payment of council tax can be collected by private bailiffs following a ruling by the Magistrates Court. They are entitled to return if you are not in but may only do so during office hours. A personal summons may be issued if you fail to comply with the ruling of the court.

Unless your debt is considered a special case, involving Customs & Excise or the Inland Revenue for instance, a bailiff cannot force entry into a domestic property. However, he can gain access through an open door or window. Once the bailiff has gained access to your home you must sign a repayment agreement which details how and when you will pay back the debt. Should you fail to make the payments in accordance with this agreement then the bailiff will have the right to return and force entry. Bailiffs are entitled to seize any goods to the value of your debt, not only goods owned solely by yourself but also goods which are joint owned even if the other person is not at fault. They cannot take fixtures and fittings or rented equipment.

You can appeal if you feel a miscarriage of justice is about to take place under your own roof and you must contact the relevant court immediately and put forward your reasons. The judiciary will sometimes take into account serious personal issues but early action on your part will be necessary.

Back to Main News Page