If you are struggling with debt it is actually extremely unlikely that you will get bailiffs at the door demanding repayment. In reality most commercial lenders that you may owe money to such as banks and credit card companies will not employ bailiffs to collect unpaid debts. These types of lenders will generally use a standard debt collection process to try and reclaim their money. There are however certain circumstances where bailiffs may be employed.

When could you get Bailiffs at the door?

Bailiffs tend to be used to collect very specific types of debts. These generally include Council Tax arrears, unpaid fines, child support arrears, rent arrears, income tax arrears and parking penalties (fines).

If bailiffs are employed to collect these types of debts ultimately their role is to take your goods away and sell them to raise money to pay the outstanding creditors.

If you do receive a letter stating that a bailiff will be asked to collect the money that you owe, you should not ignore this. Make contact with the bailiff’s office straight away. Explain your circumstances and make an offer of payment. Generally a bailiff will prefer to agree a payment plan with you than have to visit your home.

What to do if you have Bailiffs at the door

If you do get bailiffs at the door  the first thing to understand is that in most cases you don’t have to let them in. A bailiff cannot force their way into your property unless they have a specific order or eviction notice issued by the court which would be unusual. However they are allowed to enter without your permission if they can gaining peaceful entry by getting through an unlocked door or open window.

Deal with the Bailiff by being polite but firm. Make an offer of payment if you can afford to (it doesn’t matter if this is only a couple of pounds per month) but do not let them into your home.

BMD Tip: Do not sign anything which a Bailiff asks you to sign without first getting additional advice. It has been known for Bailiffs to ask for a signature to confirm that you have said they can’t come in. The document you have been asked to sign may be a Walking Possession Order. If you sign such a document, then the Bailiff can return at a later time and in effect you have signed to give them permission to force entry into your home.

What if a bailiff has come in?

If a bailiff actually gains access to your home, they are not allowed to take essential items required for living such as such as your oven, fridge, clothes, most furniture and tools of trade.

However bailiffs can take other non-essential items such as a television, DVD or stereo system which belong to you or are jointly owned by you and someone else. They can also take possessions outside your home such as garden furniture and shed contents.

In some circumstances, bailiffs may also clamp your car until they receive payment for a debt or they may be able to take it away entirely. As such, if you believe you are likely to have a visit from a bailiff, it is advisable to park your car away from your property.

A visit from bailiffs is unusual

Overall, it is important to understand that it would be unusual for a bailiff to visit your property to collect debt. Even if a creditor has a policy to instruct bailiffs, this would be as a last resort.

Prior to this, you will receive multiple demands for payment. Whenever possible, you should always contact your creditors before a bailiff gets involved. Offer them something, but not more than you can afford, regardless of how little that is. You should should also consider using a debt management solution which gives you legal protection from your creditors and can put a stop to bailiff action.