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On entering your home (see bailiffs rights), a bailiff will usually try to find and seize any goods of value belonging to the person named on the warrant.
The bailiff has the right to go into all rooms in your house and break open any locked door, including cupboards. If bailiffs gain peaceful entry they have the right to return. Do note, on returning after having gained peaceful entry, bailiffs have the right to break in and remove your goods – especially in circumstances where they suspect items have been hidden.
A bailiff will attempt to seize your goods in order to sell them to pay the debt that you owe. The bailiff will indicate which items he/she wishes to seize by informing you verbally, or by simply touching them, so it is advisable to monitor the bailiff’s movements closely. This is sometimes called ‘levying distress’ or ‘distraining upon goods’.
Once the bailiff has seized goods, they will either immediately remove items they have seized or leave someone on the premises to stand guard.
The most likely outcome is that the bailiff will ask you to sign a ‘walking possession agreement’.
This means that the goods now legally belong to the bailiff and can be removed at any time. However, she or he will allow them to remain in your home and you can continue to use them, providing you keep your side of the agreement ie, you make agreed payments. There is a charge for a walking possession order, calculated daily, on top of the original debt.
Only bailiffs collecting rent are obliged to call between sunrise and sunset. Other bailiffs can call at any time of day or night, but should call at a ‘reasonable’ time, (8.00 am or 8 pm).
Negotiating with bailiffs in order to prevent them taking anything is possible, but you will need to pay cash for part or all of the debt. If they accept any payment from you, ensure you get a receipt. Bailiffs may be willing to take part in a reasonable negotiation (subject to legal and contractual constraints). It is imperative you only make an agreement within your capability to pay.
It’s likely that the bailiff’s fee and expenses for each extra visit will be added to the debt you owe but do dispute fees you believe are inflated. If you need to know what kind of fees you should be expecting to pay, visit our page on bailiff charges for more information.
If you have few assets, low income and you do not own your own property, you may be able to reduce your debt, click Debt Relief Order for more information.
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