The Powers of a Bailiff
There
is no reason to be angry; nor frightened or confused by a bailiff's visit.
Their powers are limited by law and you can do a lot to protect your family
and property.
A Bailiff cannot:
- Take items needed for you to make a living (tools, van, computer).
- Search or look in childrens rooms.
- Take those items needed for cooking or cleaning.
- Enter a property by force or prevent you from closing the door.
A bailiff must be lawful, justifiable and proportionate in his acts and behaviour so don't give in.
To get immediate help with your bailiff problem call John Galt on 0203 509 9007 or 07542 040 796.
Here is a collection of quite shocking news stories and articles.
Do you (or the bailiff) understand what the bailiff's powers are?
In the case of, for example, unpaid council taxes, Citizens Advice Bureaux have been reporting a wide range of problems experienced by their clients because of bailiff action to collect. The most common kinds of problems are:
- Misrepresenting powers of entry
- Threats of imprisonment
- Unlawful or disproportionate fees
- Harassment and intimidation and vulnerable people
- Problems negotiating repayment
- Protected and third party goods
Bailiffs misrepresenting their powers of entry
FACT: Bailiffs have no power to force initial entry or break open an outer door if it is either locked or bolted.
There are reports of problems with bailiffs misrepresenting their powers of entry, falsely claiming that they can force entry or have a warrant that allows them to force entry or that they will return with the police who will force entry on their behalf.
- Bailiffs must enter a property peacefully through an unlocked door or through an open window.
- They may not enter through a closed window, even if it is not locked.
- They cannot obtain a court order to gain entry and the police have no power to force entry on their behalf. Bailiffs can only force entry if they have previously gained peaceful entry.
Note that Section 27 and Schedule 4A of the Domestic Violence, Crime and Victims Act 2004 have allowed bailiffs to force entry in connection with unpaid magistrates’ courts fines. The Citizens Advice Bureau has reported that some bailiffs’ firms have claimed that this power extends to other debts, including council tax arrears. This is not the case.
If the bailiff is attempting to force entry or has entered your property make note of the time and date and ensure you have copies all the paperwork so that we have evidence to present to the head offfice.
If you think the bailiff has been misrepresenting their powers of entry call 0203 509 9007 or 07542 040 796 to get immediate help.
Threats of imprisonment by the bailiff
FACT: You cannot be sent to prison for refusing to allow the bailiffs entry
The Citizens Advice Bureau have reported that bailiffs have threatened clients with imprisonment if, for example, they do not allow the bailiffs entry to the debtor’s home.
You are entitled to refuse the bailiffs entry and are allowed to use reasonable force in resisting bailiffs who have unlawfully tried to push their way in.
You can only be sent to prison for your debts if:
- The local authority decides to apply to the magistrates’ court for a means enquiry hearing.
- A means enquiry hearing is then held at the magistrates’ court
- The magistrates decide that the debtor has either wilfully refused or culpably neglected to pay
- The magistrates have examined all the other payment methods available but found that none will be effective.
If you have been threatened by the bailiff with imprisonment call 0203 509 9007 or 07542 040 796 to get immediate help.
Unlawful or disproportionate bailiff fees
FACT: Bailiffs fees are set by statute and challengeable by submitting a Form 4 (Complaint against a certificated bailiff) to the court that issued the bailiff's certificate.
However, there are a variety of real-life problems about the fees charged by bailiffs. These include fees being charged when they:
- Are not permitted, e.g. when no levy has been made.
- Are spurious, e.g. ‘administration’ and ‘clamping’ fees.
- Have not been “actually and necessarily” incurred.
- Are unreasonable and disproportionate to the amount of the debt being collected.
Under the National Standards for Enforcement Agents, bailiffs must provide a breakdown of the fees charged if this has been requested. You can use this breakdown to challenge any unlawful fees.
If you think the bailiff has demanded unlawful or disproportionate fees call 0203 509 9007 or 07542 040 796 to get immediate help.
Harassment and intimidation and vulnerable people
FACT: Bailiffs are not allowed harass, intimidate or bully you.
If you are in a vulnerable situation, you still have the right to be treated in a fair and decent manner by the bailiff when he asks you for money.
Harassment and intimidation
The National Standards for Enforcement Agents states that “Enforcement agents must carry out their duties in a professional, calm and dignified manner. They must dress appropriately and act with discretion and fairness.”
However, there are alarming instances of bailiffs harassing and intimidating clients, a problem exacerbated by the lack of effective independent monitoring, complaints monitoring, and clear and accessible mechanisms for redress.
Harassing and intimidation includes: attempting forced entry, threats of imprisonment, refusal to present their warrant or their court certification card or even pretending to be law enforcement officers.
Vulnerable persons
A vulnerable person is one who is has a certifiable medical condition; is pregnant, infirm, eldery, disabled, underage and so on.
The National Standards for Enforcement Agents, published in 2002, contains guidance on how bailiffs should deal with vulnerable and socially excluded people. However, bureaux routinely report cases in which bailiff firms have failed to adhere to the guidance.
If you have been harassed or intimidated by the bailiff call 0203 509 9007 or 07542 040 796 to get immediate help.
Problems negotiating repayment
FACT: Bailiffs must take into account your financial situation when asking for payment
It is in the bailiff's interests to get you to pay as near the full amount due as possible, as quickly as possible. However, they should take into account your financial situation and ability to pay.
They should consider if you are unemployed, on housing benefit or income support, Working Familiy Tax Credit, on a state pension or have a disability or other medical condidition.
Despite this, bailiff firms frequently demand payments of £50 per week even when authorised to accept less. These problems are likely to increase if bailiffs are to be allowed to force entry to take control of goods.
If the bailiff refuses to negotiate repayment call 0203 509 9007 or 07542 040 796 to get immediate help.
Protected and third party goods
FACT: The bailiff is restricted on the type of property they may levy or seize
Protected Goods
Much of your property is protected and cannot be seized by the bailiffs. These are the things you need for the activities of daily life. For example: cooking utensils, cleaning materials, items needed for washing and bathing and children's items.
In addition, they generally may not take tools, books, vehicles and other equipment you need for work.
However, in real life there are many problems with bailiffs either threatening to remove or actually removing protected goods.
Other people's property
The relevant regulations make it clear that bailiffs can only seize and remove goods that belong to you.
They cannot take other people's property (third party goods). This includes things belonging to family members, flatmates, landlords, and, usually, items subject to hire purchase and other hire agreements.
If you think the bailiff intends to seize protected or third party goods call 0203 509 9007 or 07542 040 796 to get immediate help.
