Bailiff visits can be very stressful, but you have rights and there are things you can do. If you receive a letter saying bailiffs will visit your home, it’s best to seek advice as soon as you can. You could contact your creditor to discuss your options. This may stop the visit and you would avoid having to pay the additional fees that are charged each time the bailiffs visit.
First, work out if you have been visited by a debt collector or a bailiff. You can do this by asking them to prove who they are – if they’re bailiffs they’re required to carry proof of identity. Debt collectors have fewer powers, so they must leave your property if you ask them to.
Next, figure out the type of bailiff and what kind of debt you have. This is important because different debts have different consequences, and different bailiffs or enforcement agents have different powers. The type of debt should be in the letter left by the bailiff after an unsuccessful first visit – if you’re unsure we can support you with this.
Once you’ve done this, make sure you’re clear on your rights. There are rules bailiffs should follow and you can complain if they break them or treat you badly. Before the first visit, they should send you a letter called a ‘notice of enforcement’ telling you they will visit in 7 days. They can only come to your home between 6am and 9pm. If you are in a vulnerable situation, such as if a child lives with you, you’re pregnant or have mental health problems, they should also follow extra rules like allowing extra time to make a payment and making sure you can communicate easily.
If the bailiffs do come back, we advise against letting them in. Remember to lock or secure any points of entry to your home. Normally, bailiffs can’t force entry to your home but can enter through unlocked doors. Exceptions include as a last resort to collect unpaid criminal fines, Income Tax, or Stamp Duty, or if you’re in a controlled goods agreement and haven’t kept up with payments.
When they visit your home, bailiffs may ask you to repay your debt, pay some money towards it, or take belongings to recover the money. They can take things you own or jointly own with somebody, like electrical items or a vehicle. They shouldn’t seize things that don’t belong to you, like your children’s belongings, or things you need to live or use for work, and fixtures and fittings. In addition, they can’t take your vehicle if it’s on hire purchase, is a Motability vehicle or displaying a blue badge, and more.
Visit the national Citizens Advice website for more information about bailiffs, including how to stop them at your door and how to make a complaint.
For additional support with bailiff issues, including advice on different debt solutions, you can call our national debt helpline on 0800 240 4420 from 9am – 8pm Monday to Friday and 9.30am – 1pm Saturday. Alternatively, you can talk to the team by webchat here.