Tips on how to preventing Bailiff Action
Are you feeling overwhelmed by the prospect of bailiffs at your door? You’re not alone, and there’s a way to protect yourself and your peace of mind. At No-More-Bailiffs.co.uk, we specialise in offering help and expert advice to prevent bailiffs from entering your home. Our team is dedicated to supporting you through every step of the process, providing legal insights, practical strategies, and a community of support to ensure you can assert your rights confidently. Don’t let the threat of bailiffs disrupt your life.
COUNCIL TAX BAILLIFFS
In the UK, local authorities might employ enforcement agents (formerly known as bailiffs) to recover unpaid council tax. Different councils contract various enforcement agencies, and there is no unified, publicly accessible list detailing all the enforcement agents tasked with council tax collection throughout the UK. However, several well-regarded enforcement agencies are frequently engaged by councils for this purpose, including:
- Jacobs Enforcement
- Rossendales Collect
- Marston Holdings
- Bristow & Sutor
- Capita Enforcement
- Equita Ltd
- Rundle & Co.
- Newlyn plc
- Phoenix Commercial
- Civil Enforcement Ltd
These firms are authorised to operate across the UK, securing contracts with numerous local authorities to enforce debt collection, including the recovery of council tax arrears. It’s crucial for those facing council tax debt to understand that enforcement agents are obliged to adhere to strict legal protocols, which include issuing a ‘Notice of Enforcement’ ahead of any home visits.
Bailiffs can collect a range of debts, including:
- Council tax debts
- High court and county court judgements
- Parking penalties
- Child support
- Income tax
- National Insurance
- Business rent
- VAT
- Magistrate court fines
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CCJ BAILIFFS
In the UK, when it comes to enforcing County Court Judgments (CCJs) for debt collection, the term “bailiffs” is often used colloquially. However, the correct term is either “County Court Bailiffs” who are employed by the court and handle debts up to a certain value, or “High Court Enforcement Officers” (HCEOs) who deal with higher value debts, typically those over £600, that have been transferred up from the County Court to the High Court for enforcement.
County Court Bailiffs are civil servants who work directly for the court system. They are responsible for the enforcement of CCJs by collecting payments or seizing goods to the value of the debt if payments aren’t made. They operate within the jurisdiction of the court that employs them and deal with lower-value debts.
High Court Enforcement Officers (HCEOs), on the other hand, are not employed by the court system but are authorized by the High Court to enforce higher-value CCJ debts. They often work for private firms and are known for taking a more direct approach to debt recovery. Some of the prominent firms that provide HCEO services include:
- Marston Group – One of the largest enforcement agencies, offering services across England and Wales.
- Shergroup – A well-known name in the field, providing a range of enforcement and legal services.
- High Court Enforcement Group – Specializes in the enforcement of High Court Judgments.
- JBW Group – A major player in the industry, known for their technological approach to enforcement.
- Andrew Wilson & Co – Offers services for the enforcement of High Court and County Court judgments.
- DCBL (Direct Collection Bailiffs Ltd) – Famous for their appearance on the television series “Can’t Pay? We’ll Take It Away!” They provide services for both High Court and County Court judgments.
It’s important for individuals dealing with CCJ enforcement to know their rights and the proper procedures that enforcement agents must follow, such as providing advance notice before visiting a property. For those facing enforcement action, it’s advisable to seek legal advice or support from organisations like Citizens Advice or StepChange Debt Charity, which can provide guidance tailored to your situation.
If a Bailiff/Enforcement Agent contacts you, what should you do?
You don’t have to open the door to a bailiff. You can communicate with them through a chained door, a window, or the letterbox. While this may seem excessive, it’s crucial to prioritise your safety, as much of our bailiff advice suggests. Seeking advice on any uncertain matters related to bailiffs is vital, as it will give you a better understanding of the rules and limitations, allowing you to make informed decisions.
LEGAL RIGHTS ON ENTRY
Here are the key points regarding their rights and limitations:
1. PROVIDING NOTICE
- Bailiffs must provide you with at least 7 days’ notice of their first visit. This notice is typically sent through the post.
2. ENTERING YOUR HOME
- Bailiffs are allowed to enter your home peacefully. This means they cannot enter by force on their first visit, such as by pushing past you or breaking in.
- They can enter through unlocked doors, but they cannot use a locksmith or break down your door to gain entry on their first visit.
- In some cases, if they have previously entered your home and listed goods in a controlled goods agreement, they may be able to use a locksmith to re-enter if you don’t stick to the agreement.
3. TIMES OF ENTRY
- Bailiffs are only allowed to visit your home between 6 am and 9 pm.
4. WHERE THEY CAN AND CANNOT GO
- They are permitted to enter your home if you let them in or if they find an unlocked door or window.
- They are not allowed to enter homes where only children (under 16) or vulnerable people are present.
- They cannot enter premises where you do not live or have a commercial property not linked to the debt.
5. TAKING GOODS
- Bailiffs can take luxury items but cannot take essentials you need for living, such as clothes, basic household goods, and tools or equipment necessary for your job or study (up to a certain value).
- They can take goods that belong to the debtor. If goods belong to someone else, proof may need to be provided to prevent their removal.
6. CONTROLLED GOODS AGREEMENT
- If bailiffs gain entry to your home and list goods, they may make a controlled goods agreement with you. This allows you to keep your items provided you agree to a repayment plan. Breaching this agreement can give them the right to re-enter your home to remove goods.
7. VULNERABLE INDIVIDUALS
- Special rules protect vulnerable individuals. If you are considered vulnerable, inform the bailiffs, as this may affect how they proceed.
8. COMPLAINTS AND DISPUTES
- If you believe bailiffs have acted illegally or improperly, you have the right to complain to the company the bailiff works for, the creditor who instructed them, or seek legal advice.
It’s crucial to know your rights and obligations when dealing with bailiffs. If in doubt, seek advice from legal advisors or organizations such as Citizens Advice. Being informed can help manage bailiff interactions more effectively and reduce stress and confusion during these encounters.
Do I have to let them in?
you are not legally required to open your door to bailiffs (enforcement agents) or allow them into your home. Bailiffs do not have the automatic right to force entry into your home to collect most types of debt on their first visit. They must gain what is known as “peaceful entry,” which means entering through an unlocked door or window, or you voluntarily letting them in.
Here are some critical points to consider:
- First Entry: For civil debts, including council tax arrears, parking fines, and CCJ (County Court Judgments) enforcement, bailiffs cannot force their way into your home on their first visit. They cannot enter by breaking in or using aggression. They can only enter through a door and must have previously entered your home for the same debt to use a locksmith on subsequent visits.
- After Gaining Entry: If a bailiff has been allowed into your home on a previous occasion and has listed items in a controlled goods agreement, they may have the right to enter again using reasonable force if you fail to meet the terms of the agreement.
- Exceptions: There are exceptions where bailiffs have more powers to enter, such as collecting unpaid criminal fines, Income Tax or VAT, but even then, they need a warrant and usually must follow specific procedures.
- Advice: It’s advisable not to open the door to bailiffs if you can avoid it. Communicate through the door or window if necessary. Ensure all doors and accessible windows are securely locked.
- Seek Advice: If you are unsure or need support, contact organisations such as Citizens Advice or a legal advisor for help on how to proceed.
Remember, while you don’t have to open the door, bailiffs have certain rights once they’ve gained entry into your home legally, such as making a list of goods to take control of if the debt is not paid. It’s essential to understand your rights and the bailiffs’ limitations and to seek advice if you’re facing this situation.
Levy Charges
In the past, bailiffs could impose a “levy charge” and a “walking possession agreement” when they seized items from your property. The latter must be signed by you before they can hire a van to take the belongings and charge you for it. Many found the old bailiff fees structure confusing, and sought bailiff advice from Council Tax Advisors to clarify the charges.
However, the introduction of new rules has made the fee structure more straightforward. The new fees are as follows:
COMPLIANCE FEE
A charge of £75 is levied when your case is transferred from the local authority to the bailiff or enforcement agent.
ENFORCEMENT FEE
A fee of £235 is charged when bailiffs make their first visit to your premises, with an additional 7.5% of debts over £1,500 included.
SALE FEE
A fee of £110 is charged when bailiffs start removing or preparing items for sale, with an additional 7.5% of debts over £1,500 applied.
Apart from the new fees, changes have been made to stricter rules on when bailiffs can visit homes – between 6am and 9pm and not when only children or vulnerable adults are present – and that all enforcement agents must undergo mandatory training. One of the most significant changes is the requirement to give seven days’ notice before a bailiff visit, which has reduced anxiety and stress for families struggling with debt. If you receive a notification of a bailiff visit, contact Council Tax Advisors, and we can assist you in devising an affordable repayment plan.