What rights do you have if bailiffs are chasing you to pay debt?

Enforcement agents can only force entry into your home in certain limited circumstances

The number of people reporting problems with bailiffs has soared since the government implemented reforms that were supposed to protect people from unscrupulous practices.

With household debt rising and Citizen's Advice reporting examples of "aggressive" behaviour from a minority of bailiffs, it is important to know your rights if they do contact you to enforce payment of a debt.

What powers do bailiffs have?

Bailiffs, now officially known as enforcement agents, have the legal power to remove items from your home and sell them to pay off your debt. In most cases, they can only do this after your creditor has taken you to court.

In Scotland, the equivalent of bailiffs are sheriff officers, who have slightly different powers. Bailiffs are not allowed to operate in Northern Ireland.

Notice of enforcement

Once a bailiff has been hired to collect your debt they will send you a letter known as a notice of enforcement. This lays out the particulars of the debt.

For your notice to be valid it must:

• show your correct name and address
• show what debt you owe and state the correct amount
• explain that you have seven days' notice before the bailiffs can visit, not including the day the notice is served, Sundays or bank holidays. 
• come from a registered bailiff not a debt collector - you can check on the Bailiffs Register on the Justice website
• be sent to you by letter - either by post, fax, email, by being fixed to your front door if you don't have a letterbox or by being given to you
• be written in a certain legal style - see example of a notice of enforcement on GOV.UK

Check if you owe the debt

You’re not responsible for a debt if you’re not named on the credit agreement for it. Collect as much evidence as you can to show that you are not responsible for a debt and send this to the bailiffs.

For example, proof that you have already paid it or documents showing that the person who actually owes the money has a similar name to you but is not you. If you aren’t sure whether the debt is yours, contact the creditor named on the enforcement notice.

Can bailiffs enter my home?

If you are not able to pay off the debt within the seven days or show that you do not owe it, the bailiffs can visit you at your home.

You usually do not have to open your door to a bailiff or let them in but they are allowed to enter through any door that's left open.

Bailiffs cannot enter your home:

• by force, for example by pushing past you
• if only children under 16 or vulnerable people (with disabilities, for example) are present
• between 9pm and 6am
• through anything except the door

What if I don’t let the bailiffs in?

If you don’t let a bailiff in or agree to pay them they could take things from outside your home like your car. However, they cannot take a car that’s on a hire purchase agreement.

Citizen’s Advice recommends not letting a bailiff into your home because it’s always better to try to sort out your debt by keeping them outside and speaking through the door or over the phone.

Can bailiffs break into my home?

In rare cases, a bailiff will sometimes have the right to force entry by asking a locksmith to open your door if you won’t let them in.

According to Citizen’s Advice: “It’s very unlikely they’ll do this - you should still have the chance to pay without them coming in.”

Instances where they may be able to force entry include non-payment of magistrates court fines or taxes owed to HM Revenue and Customs.

They will need a written document from a court authorising this and they cannot break your door down; they must use “reasonable force”, meaning a locksmith must gain entry.

Call 999 if you are being physically threatened by a bailiff.

What can bailiffs take?

If you do let a bailiff in but do not pay them they are allowed take some of your belongings and sell the items to pay debts and cover their fees.

The first time bailiffs visit your home, they will normally take an inventory of the items you have and the make you sign a “controlled goods agreement” which lays out a payment plan for the debt and any bailiffs’ fees.

If you do not make the repayments, they can take your possessions but they cannot take:

• things you need, such as your clothes, cooker or fridge
• work tools and equipment which together are worth less than £1,350
• someone else’s belongings, such as your partner’s computer

For more help and advice on how to deal with debt and bailiffs, visit:

• Gov.uk
• StepChange Debt Charity
• Citizen's Advice

For free advice on dealing with debt, call StepChange on 0800 138 1111 Monday to Friday 8am-8pm and Saturday 8am-4pm.