Types of bailiff

A bailiff is someone who is instructed:-

by a creditor to enforce a money debt or a fine
• by a landlord to carry out an eviction
• by a creditor to repossess goods under hire purchase or a conditional sale agreement to enforce an injunction

A bailiff has legal authority to carry out these actions. A bailiff can enter your home and take away possessions which, when sold off, will go towards repaying the money owed.

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

County Court bailiffs are directly employed by the County Court and must follow guidelines laid down by the Lord Chancellor's Department.

Sheriff's Officers are contracted by the High Court and work in geographical county areas. They work out of the local Sheriff's Office under the control of an Under- Sheriff who is usually responsible for that area. If a creditor has a CCJ of more than £600 they can transfer the judgement up to the High Court for enforcement.

Private bailiffs are self-employed, employed by a private firm, or employed as bailiffs by another organisation (e.g Local Authority, Inland Revenue).

Certificated bailiffs are granted a certificate following an application to a County Court. Certification is only necessary to empower a bailiff to levy distress for rent arrears and council tax arrears and to enforce road traffic debts, although some local authorities will insist on this for all bailiff work.

Your customer does not have to admit bailiffs to their home. But they do have a right to enter without using force, so if they leave a door or a window open they can legally come in through them. And once they are in their 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. Your customer is going to need help.

What if your customer get's a letter saying the bailiff is coming to their 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 they can apply to a court to stop the bailiff coming. We can give your customer advice on when this is appropriate, how they go about it, and if required apply on their behalf.

We can also talk to the bailiff for them – we are experienced in doing this and are likely to be able to reach a solution that does not involve your customer losing their property.

If a bailiff does call, advise your customer 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.

What if the bailiff arrives at your customers door?

Your customer does not have to let him in and he cannot enter by force. But if they do not intend to let him in, make sure their 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 their 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 customers 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 your customer needs 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 your customer 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 your customer some breathing space, to contact the court and rearrange 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 customers rights?

Remember they do not have to let bailiffs into their house the first time they call, but they should seek help immediately. Bailiffs must not behave threateningly or use bad language. Nor can they force entry into your customers home without special permission. If your customer thinks they have grounds for complaint, they can make one to the court or to their creditors.

What are the different types of bailiff?

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

Bailiffs have authority, usually from a County Court, to seize 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 Sheriff'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.

If your customer has borrowed money and has not kept to the repayment arrangement, a lender can ask the court to place a charging order on their property so that when it is sold, the solicitor handling their sale will have to pay that debt off first before any of the proceeds are forwarded to the customer.

Before the courts will consider an application for a charging order, the lender must have issued a county court judgement and your customer must have failed to make payments on that judgement or not paid the judgement according to the requirements laid down by the court.

Dealing with Bailiffs

If you think that bailiffs may call at your customers house, be aware that they do not have to let them in. However, if they leave any doors or windows open they have the right to enter through them. Once they have gained entry they may also force entry to any other parts of the premises. However, if your customer does refuse to let them in then they will be sure to return at some other time and the problem will not go away. In the long term they need help.

What can your customer do if they receive a notice to say a bailiff is coming to their house?

If your customer has received notification to say a bailiff is going to call at their house, they may be able to negotiate with them or the lender (creditor). They may also be able to make an application to the court to suspend the bailiff's action. We can advise them on how this can be done. If they cannot suspend the bailiff's action, it may not be too late to make an offer to the bailiff to repay the debt over a period of time.

If they cannot afford to make the bailiff an offer, we can negotiate with the bailiff on their behalf. When they seek advice make sure they have all the necessary papers left by the bailiff.

If your customer knows a bailiff is going to call, try to have a witness there and make sure they note down everything the bailiff says or any of the powers they claim to have.

How should your customer deal with a bailiff at their door?

The bailiff can call at their house at any reasonable time to seize goods.

The bailiff cannot enter their house by force, but they can legally enter their property through open windows or unlocked doors.

Once the bailiff has been inside your customers house by entering peacefully, they can call again at a later date and enter your house without your permission, forcefully, to remove their goods.

When seizing goods the bailiff must leave the premises safe. When in the house the bailiff has the right of access to all rooms and can force their way into other parts of the property.

Which goods can a bailiff take?

There are some exceptions to what the bailiff can take from your customers home:-

A bailiff acting on a County Court Judgment cannot seize clothing, bedding, furniture, household equipment or other goods necessary to meet basic domestic needs.

Generally, no bailiff can seize tools, books, vehicles or other equipment necessary for personal use in employment or business. However, a bailiff acting for Council Tax, VAT or the Inland Revenue may be able to do so.

No bailiff can seize goods belonging to anyone other than the person named on the distress warrant.

A bailiff cannot seize goods subject to a hire purchase or rental agreement (goods on credit sale can be seized because they belong to the person).

Goods your customer owns jointly with someone else can be taken.

The bailiff may take the goods away immediately, but what will usually happen is that the bailiff and the debtor will come to an agreement known as a "walking possession agreement". This means that the debtor has agreed to pay the bailiff a maximum of £0.45 plus VAT per day for the continued use of the goods. This is not permanent and will only give the debtor a few days to try and re-negotiate with the court. If a bailiff has gained entry and the debtor does not want the goods to be removed immediately, this agreement has to be signed.

Goods seized by the bailiff must be put into auction to be sold, the bailiff is under a legal obligation to obtain the best price possible. As the goods are second-hand, the value of the goods are only a fraction of what their new value was. A bailiff will often identify many more goods than you might expect.

Your Customer's rights

Your customer cannot be sent to prision for not co-operating with a bailiff. They do not have to let them into their house. They should seek advice as soon as possible.

A bailiff must not threaten your customer, force entry to their home or use offensive language.