Expert guidance for bailiffs and enforcement agents
Are Bailiffs Allowed to Enter Forcibly?
No, bailiffs cannot force entry into your home. They can only enter your property in a calm and peaceful manner, through your front or back door. You have control over allowing them entry, as bailiffs need your permission to enter your property.
The Distinction Between a Bailiff and a Debt Collector
Debt collectors lack legal authority to collect debts, while bailiffs possess unique powers in this matter. While both may visit your home, their roles differ significantly:
- Bailiffs: Also known as enforcement agents, have the legal authority to seize assets to settle debts. They can act on County Court Judgments (CCJs), council tax arrears, parking fines, and more.
- Debt Collectors: Appointed by creditors to recover owed funds. They do not have the power to seize property and can only request payment arrangements.
What Is a Bailiff?
Bailiffs, or enforcement agents, work for private companies, councils, or themselves. They have the legal authority to seize assets to settle outstanding debts such as:
- County Court Judgments
- Council tax arrears
- Parking fines
- Child maintenance
Prioritize these debts to protect your assets.
What Is a Debt Collector?
Debt collectors, also called doorstep collectors or field agents, are appointed by creditors or agencies to recover funds. They cannot seize property and primarily focus on arranging payment plans. Debt collectors have no special powers and must leave if asked.
Debt Collection: The Role of Bailiffs
Bailiffs typically get involved only after court action through magistrates’ courts, High Courts, or County Courts. An exception is HM Revenue & Customs, which can send bailiffs without court action if payment plans are ignored.
When Can Debt Collectors Pursue a Debt?
Debt collectors can operate on behalf of a creditor or agency, or purchase debts from creditors if payments are missed. If unsure, contact the original creditor to confirm the debt’s ownership and payment recipient.
How Often Can a Bailiff Visit?
There is no official limit on how many times a bailiff can visit. If frequent visits feel like harassment, you have the right to file a complaint.
What Debts Can Bailiffs Legally Collect?
Bailiffs can collect a range of debts, including:
- Council tax arrears
- Child maintenance
- Criminal fines
- Parking fines
- HMRC debts (e.g., income tax, VAT, National Insurance)
What Debts Can Debt Collectors Collect?
Debt collectors usually recover:
- Unsecured loans
- Credit cards
- Overdrafts
- Utility debt
- Local council debts
What Can Bailiffs Do?
Bailiffs can only visit your home after sending a notice of enforcement, which must arrive at least seven days before their visit. During a visit:
- They may only make peaceful entry through an unlocked door.
- They must identify themselves and explain their purpose.
- They cannot force entry for most debts, push past you, or enter if only a child under 16 is present.
- They can create an inventory of items to be sold later if debts are unpaid.
For criminal fines or HMRC debts, bailiffs may have limited authority to use force, though this is rare. Business premises may also allow broader entry rights.
Dealing With a Bailiff
Keep your doors locked and communicate through a letterbox or an upstairs window if needed. Bailiffs can seize items as assets, but you may establish a “controlled goods agreement” to make payments toward the debt instead of losing possessions.
What Can Debt Collectors Do?
Debt collectors have no special powers. They may:
- Contact you by phone, letters, or house visits.
- Request payments but cannot seize property.
- Leave if you ask them to.
If you choose to pay a debt collector, ensure you get a receipt for any cash payments and confirm the debt’s details with your creditor.