Thursday, 23 July 2009

How to deal with the bailiffs

posted by debts.org at 02:44

Know your rights


If you are unable to pay a substantial debt, one course of action your lender may take is to send in the bailiffs to take away some of your possessions and sell them to recover their money. It is vital you know your rights where bailiffs are concerned.


Do I have to let the bailiffs in?


If a bailiff calls, don´t invite him into your house. They may want to discuss things inside your home, or they may try to push past you and enter your house, so if you suspect the bailiffs are at the door, answer it with the chain on. All bailiffs should carry identification, so always ask for this plus any warrant they may be carrying. It is not unheard of for creditors to send people to houses to collect payment who are not actually bailiffs.


What if a bailiff forces his way into my house?


A bailiff cannot lawfully use force to gain access to your home. They can only enter by means of peaceful entry. Pushing their way past you at the door is NOT peaceful entry. Bailiffs should know your rights, but they may not always inform you of them.

The word ´distress´ is used in bailiff terminology as meaning the seizure of goods as security for payment of a debt, but don´t allow them to threaten or intimidate you in your own house. Also remember a debt collector or enforcement agent may not be the same thing as a bailiff. A debt collector has no powers to seize good from your home, and a bailiff only has the power to do so if he has a court order, known as a warrant of execution to back up his actions.


No force allowed by bailiffs


Bailiffs may have the authority to seize goods from your house, up to the value of the money you owe, but they are not allowed to force themselves into your home. If they find an open window they are legally allowed to climb through it, but you do not have to let them into the house. Surprisingly, if bailiffs have already been inside your house, they can legally enter a second time to take any extra goods they feel should be sold to pay off your debt. It is vital, where possible, you don´t let the bailiffs in to your house on their first visit.


What can the bailiffs take?


What the bailiffs are allowed to take depends on what the debt is and how much money you owe. Generally speaking, basic household goods like clothing and bedding will not be touched, and they can only take goods that belong to you personally, or jointly with your partner. Recovering debt by use of a bailiff has a fairly low success rate, although it is still a common method of debt recovery among creditors. It is very difficult for creditors to find out about your financial circumstances if bailiffs cannot get access to your house. This makes it even more difficult to distinguish those who can´t pay from those who won´t. Bailiff´s fees also get paid out of the sale of any goods they remove.


Avoiding the bailiffs


If you are struggling with debt problems, and feel your debts are spiralling out of control, debts.org can help you to find a solution to your debt problems. Speak to one of our trained, friendly staff who will offer you sound advice and guidance to help solve your debt problems. We can arrange a number of debt help solutions for you after just one phone call. Contact us online if you prefer, and we will get straight back to you. Millions of people experience debt problems every year in the UK, and we help to get people back on their feet, and look forward to a debt-free future. We will discuss the best debt management programme (DMP) for you, plus explain individual voluntary arrangements (IVAs) and even bankruptcy options. However serious your debts are, there is always a way out, and debts.org is here to help you.