STOP! Say NO to Bailiffs
Are you feeling daunted by the thought of bailiffs knocking at your door? You’re not by yourself, and there’s a method to safeguard yourself and your peace of mind. At No-Bailiffs.co.uk, we excel in providing assistance and professional guidance to stop bailiffs from entering your property. Our team is committed to assisting you through each phase of the process, offering expertise, practical approaches, and a supportive community to ensure you can assert your rights with confidence. Don’t allow the prospect of bailiffs to unsettle your life.
Stop!
Say NO to Bailiffs
Are you feeling daunted by the thought of bailiffs knocking at your door? You’re not by yourself, and there’s a method to safeguard yourself and your peace of mind. At No-Bailiffs.co.uk, we excel in providing assistance and professional guidance to stop bailiffs from entering your property. Our team is committed to assisting you through each phase of the process, offering legal expertise, practical approaches, and a supportive community to ensure you can assert your rights with confidence. Don’t allow the prospect of bailiffs to unsettle your life.
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What do I do if bailiffs turn up ?
Bailliffs for Council Tax
In the UK, local councils may engage enforcement agents (previously known as bailiffs) to collect unpaid council tax. Different local authorities appoint various enforcement firms, and there isn’t a single, publicly available directory that lists all the enforcement agents assigned to collect council tax across the UK. Nonetheless, a number of reputable enforcement agencies are commonly employed by councils for this task, including:
– Jacobs Enforcement
– Rossendales Collect
– Marston Holdings
– Bristow & Sutor
– Capita Enforcement
– Equita Ltd
– Rundle & Co.
– Newlyn plc
– Phoenix Commercial
– Civil Enforcement Ltd
These agencies are licensed to operate nationwide, obtaining contracts with a multitude of local councils to carry out debt collection, which encompasses the retrieval of council tax dues. It is vital for individuals dealing with council tax debt to recognise that enforcement agents must follow stringent legal guidelines, including the issuance of a ‘Notice of Enforcement’ before making any home visits.
Bailiffs for County Court Judgement
In the UK, when discussing the enforcement of County Court Judgments (CCJs) for debt recovery, the term “bailiffs” is commonly used in everyday language. However, the accurate designation is “County Court Bailiffs” for those appointed by the court to manage debts up to a specified limit, or “High Court Enforcement Officers” (HCEOs) for the enforcement of debts exceeding £600, which have been escalated from the County Court to the High Court.
County Court Bailiffs are public officials working for the judiciary. Their role involves executing CCJs by either collecting payments or confiscating assets equivalent to the debt value if payments are not forthcoming. They serve within the confines of the court that appointed them and handle debts of lower value.
Conversely, High Court Enforcement Officers (HCEOs) are not court employees but are sanctioned by the High Court to enforce debts from higher-value CCJs. Typically associated with private companies, HCEOs are recognized for their proactive debt recovery methods. Some notable companies offering HCEO services include:
– Marston Group – A leading enforcement agency operating throughout England and Wales.
– Shergroup – Renowned for its wide array of enforcement and legal services.
– High Court Enforcement Group – Focused on executing High Court Judgments.
– JBW Group – Distinguished for its use of technology in enforcement practices.
– Andrew Wilson & Co – Provides enforcement services for both High Court and County Court judgments.
– DCBL (Direct Collection Bailiffs Ltd) – Known from the TV series “Can’t Pay? We’ll Take It Away!”, offering enforcement services for High Court and County Court judgments.
For individuals subject to CCJ enforcement, understanding your rights and the obligatory procedures enforcement agents must adhere to, such as giving prior notice before visiting a property, is crucial. If facing enforcement actions, seeking legal guidance or support from bodies like Citizens Advice or the StepChange Debt Charity is recommended for advice specific to your circumstances.
Entry Rights
Here are the essential points about your rights and limitations:
1. Advance Notice
Enforcement agents must give you a minimum of 7 days’ notice before their initial visit, usually sent by post.
2. Gaining Entry to Your Property
Enforcement agents can enter your property peacefully, meaning they cannot use force to enter, such as pushing past you or breaking in, on their first visit. They may enter through unlocked doors, but they are not permitted to use a locksmith or forcibly break your door to gain entry initially. However, if they have previously entered your home and listed goods under a controlled goods agreement, they might use a locksmith to re-enter if the agreement is not adhered to.
3. Visiting Hours
Enforcement agents are permitted to visit your property only between 6 am and 9 pm.
4. Access Restrictions
They are allowed entry if you let them in or they find an unlocked door or window. They cannot enter properties solely occupied by children (under 16) or vulnerable individuals. They also cannot enter premises unrelated to the debt, such as non-residential or commercial properties not associated with the debt.
5. Seizing Goods
Enforcement agents may seize luxury items but cannot take essential living items, including clothing, basic household goods, and tools or equipment needed for your work or study (up to a specified value). Goods owned by the debtor can be taken. If items belong to someone else, proof will be required to prevent their removal.
6. Controlled Goods Agreement
If enforcement agents enter your home and list goods, they can create a controlled goods agreement with you. This agreement allows you to retain your items provided you comply with a repayment plan. Failing to follow this agreement may allow them to re-enter your home to take goods.
7. Protection for Vulnerable Individuals
There are special protections for vulnerable individuals. If you’re considered vulnerable, it’s important to inform the enforcement agents, as this may influence their actions.
8. Raising Complaints
Should you feel enforcement agents have acted unlawfully or improperly, you’re entitled to lodge a complaint with the company the agent is associated with, the creditor who instructed them, or to seek legal counsel.
Understanding your rights and responsibilities when interacting with enforcement agents is crucial. If unsure, it’s wise to consult legal professionals or organisations like Citizens Advice. Being well-informed can aid in handling encounters with enforcement agents more effectively, alleviating stress and confusion during such incidents.
Letting them in
You’re not obliged by law to open your door to enforcement agents (previously known as bailiffs) or to let them into your house. Enforcement agents do not possess the inherent right to forcibly enter your home to recover most types of debts on their initial visit. They must achieve what’s termed as “peaceful entry,” meaning they can enter through an unlocked door or window, or if you voluntarily permit them entry.
Key considerations include:
Initial Visit: For civil debts like council tax arrears, parking penalties, and enforcement of CCJ (County Court Judgments), enforcement agents are not permitted to forcibly enter your home on their first visit. They cannot use force or intimidation to gain entry and are only allowed through a door if they have previously entered your home for the same debt, allowing the use of a locksmith on further visits.
Subsequent Entry: If an enforcement agent has previously entered your home and listed items under a controlled goods agreement, they might be entitled to re-enter using reasonable force if you don’t comply with the agreement terms.
Special Circumstances: There are specific situations where enforcement agents have enhanced rights to enter, such as for the collection of unpaid criminal fines, Income Tax, or VAT. However, they typically require a warrant and must adhere to certain protocols.
Recommendation: It’s generally recommended to avoid opening the door to enforcement agents if possible. Communicate through the door or a window and make sure all accessible doors and windows are securely locked.
Professional Advice: Should you be uncertain or require assistance, it’s wise to reach out to organisations like Citizens Advice or consult a legal professional for guidance on the next steps.
While there’s no requirement to open the door, once enforcement agents have legally gained entry to your home, they have specific rights, such as listing goods to take control of if the debt remains unpaid. It’s crucial to be aware of both your rights and the limitations of enforcement agents, and to seek advice if confronted with this situation.