Published in Debt Advice Features on Thursday, October 12 2006

If you think that bailiffs are going to come to your house the important thing to remember is that you don’t have to let them in. Make sure you keep the windows and doors closed as they may have the right to force entry if they are left open. Once a bailiff has gained entry, they may re-enter at any time, and force entry to any part of the property. However even if they do just go away, they are almost certain to return at some point and so you do need to act upon this threat.

If you receive a notification that a bailiff is going to call, get in touch with the creditor and begin negotiations for repayment straight away. It is always best to do this in writing. If you cannot afford to make an offer of payment seek financial advice straight away to find out all your options. You can also get an order form a court to suspend any bailiff action, a local advice agency would be able to assist you further with this, for example the Citizens Advice Bureau.

It can be a good idea to make a note of everything the bailiff did and said and the time at which it happened. There are certain goods which if a bailiff does gain entry they cannot remove. 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 Poll Tax, Council Tax, VAT and Tax may be able to do so. No bailiff can seize goods belonging to anyone and cannot seize goods subject to a hire purchase or rental agreement. Goods you own jointly with someone else can be taken.

The bailiff may take the goods away immediately, but you may be able to get a “walking possession agreement” which means you have to agree to pay the bailiff a maximum of £0.45 plus VAT per day in a signed agreement for the keeping the goods at the property. This is not permanent and will only give you a few days to try and re-negotiate with the court.

If a bailiff is due or has been to your property, you need to act upon it and seek advice.