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Bailiffs and how to handle them

In this guide we explain what your rights are if the bailiffs come and what to do at every stage - from the first letter to the last visit.

If you would like to read this information in an easy-to-print leaflet click here (362 KB).

Bills1 newPeople run into debt for all sorts of reasons. Usually you'll find the companies you owe money to to be fairly reasonable as long as you stay in touch with them and show a willingness to repay your debts. However, you might find yourself faced with a bolshy debt collection company who won't accept your offers of repayment, or you may realise that you've been ignoring letters you shouldn't have. If things get really bad, they might try to make you to repay your debt by taking your possessions - they will send a bailiff to do this.

Normally, you don't want the bailiff to take your things to sell at auction, as they are likely to sell for far less than it will cost to replace them, and you have to pay a fee for the privilege. It usually works out as a very expensive way to pay a debt. Exactly what your rights are to refuse depends on what the debt is.

If you run up a debt on a credit card or an overdraft , the company (or another company on their behalf) will take you to the county court if you don't pay up. If the court decides you should pay up, they will make a County Court Judgement against you, and can send County Court bailiffs round. They should give you 7 days warning of a visit, which gives you time to pay up if you can.They can come at any time of day or night but the National Standard recommends that they come only between 9am-7pm. If you are not in, or pretend you aren't, they may keep coming back until you open up - or they may take other action to make you pay (you may have to go to court).

If your debt is with the council - for example, for non-payment of council tax or outstanding fines - the case goes to the Magistrates Court. If the court decides you must pay up, the council can send private bailiffs round. The council must send you a letter giving 14 days notice of a bailiff visit. Legally, they can come at any time of day or night but the National Standard recommends that they come only between 9am-7pm.

Advicenow, Walthamston CAB, Blackfriars Advice Centre
April 2007

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