Question

What can bailiffs actually do?

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Answer

Considerably less than most people assume, and knowing the limits matters because misrepresentation of their powers is common.

Terminology. In England and Wales the correct term for most is enforcement agent. They must be certificated, and you can check the register.

They must give notice. Before visiting, an enforcement agent must send a Notice of Enforcement giving at least 7 clear days. Arriving without notice is not permitted for most debts.

Entry — the crucial point. For the great majority of debts, an enforcement agent cannot force entry on a first visit.

They may enter through an unlocked door, and may walk through an open door or an insecure entrance.

They may not: force a door, break a window, climb through a window, enter through a locked gate, or push past you.

They may not enter if only children under 16, or vulnerable people, are present.

They may only visit between 6am and 9pm.

Once peaceful entry has been made and goods are listed under a controlled goods agreement, they can return and force entry if you default on it — which is why the first visit matters so much.

Exceptions where force is permitted from the outset: unpaid criminal fines with a court warrant, and some HMRC debts.

What they can take: goods belonging to the debtor, of value, to sell at auction.

What is exempt: basic household items — cooking equipment, a fridge, a table and chairs, beds and bedding; tools of the trade up to a value limit; items on hire purchase or belonging to someone else; and goods essential for a disability or medical need.

Fees are fixed by regulation in stages, and additional charges beyond the schedule are not permitted.

What to do: do not let them in, communicate in writing, offer a realistic payment arrangement, and get free advice from Citizens Advice, StepChange or National Debtline. If you are vulnerable, say so in writing — enforcement should be adapted.

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