A visit from bailiffs is a nightmare idea for many people. They have changed their name to enforcement agents but that doesn’t make it any less scary.
This article looks at what happens after a debt is sent to the bailiffs, the two key rules for dealing with bailiffs and what to do if things go wrong. There is a section at the end about good (and bad) places to get help. In 2021 the new Debt Breathing Space was introduced – this may help you if you have bailiff problems.
I’m talking about personal debts here. If you have been watching Can’t Pay? We’ll Take It Away, most of the cases there involve business debts or evictions, not personal debts!
Debt collectors and bailiffs – know the difference!
A bailiff is someone who has the legal power to collect debts on behalf of the creditor. The official term for a bailiff is an enforcement agent. Bailiffs can be court officials or they can be employed by a private firm. They can ask you to pay what you owe and can come to your house to take certain belongings (see below) to sell them to pay the debt.
A bailiff can NEVER collect a debt unless there has been a court process. Some common ones are:
- council tax arrears – the local authority has to go to the magistrate’s court to get a Liability Order, after this the local authority can authorise bailiffs;
- CCJs – these may be for consumer debts such as loans or credit cards, utility bills or private parking tickets. After getting a CCJ, creditor has to apply to the court for a warrant of control;
- parking penalty charges – the council will apply to the Traffic Enforcement Centre at Northampton County Court for an Order for Recovery.
If the debt hasn’t been to court but you get a letter from a debt collector talking about sending someone to visit your house, perhaps also mentioning solicitors, courts or bailiffs, then this is probably at a much earlier stage and they aren’t even close to the bailiff point.
A debt collector can send someone to your house, but it’s unusual – most of the time they are bluffing! If a debt collector calls, they are not a bailiff and have no legal authority. You don’t have to talk to a debt collector at your home. If you do, they can’t take away any of your goods or your car.
If you aren’t sure if you are being contacted by a bailiff or a debt collector, this is really important so contact National Debtline asap.
Have you had a Notice of Enforcement?
A Notice of Enforcement is the first step in bailiff action. A bailiff can’t visit your home without sending this. It has to contain set terms, here is a blank one.
If your letter doesn’t look something like that, it probably isn’t from a bailiff who is authorised to collect your debt. If you aren’t sure the letter is right, because it doesn’t have the proper words or some of the information is wrong, contact National Debtline asap.
A fee of £75 is added to your debt when this letter is sent. You won’t get charged again if they send more letters later, see Fees bailiffs can charge for full details.
Can you stop the bailiffs calling?
The bailiff has to wait at least 7 clear days after the Notice of Enforcement before coming to your house.
If you want to stop them coming, you have a short time to act. If you delay it can be expensive – another fee of £235 is charged when the bailiff comes to your house.
There are three situations when you should try to act within this 7 day period:
1) you don’t think the debt is right
This could be because you are not the right person, you are already making payments to the creditor, or the amount is wrong because you have paid it all or some of it, see Stopping bailiff action – your options.
You may be able to apply to the court to “suspend the warrant of control” and for parking penalty notices you may be able to file a late witness statement.
Contact National Debtline or your local Citizens Advice for help with these options.
2) you can pay the debt in full or in instalments
If you can clear the debt now or in a few months of payments, phone the bailiff to try to get this accepted so the extra bailiff fees aren’t added.
The bailiff may reject low instalments. If you would like help to negotiate with the bailiff, go to your local Citizens Advice.
Citizens Advice can help you draw up an income and expenditure sheet. Don’t offer more than you can afford – agreeing to repayments that are too large will result in the bailiff calling later when you can’t manage them.
3) you are vulnerable
The regulations are supposed to provide extra protection for people who are vulnerable because of their age, physical or mental health, ability to understand English, family situation (single parent, recently bereaved, pregnant) etc. But in practice, this often doesn’t happen.
If you are vulnerable and want your case to be returned to the creditor, go to your local Citizens Advice and ask for help.
Do you have to let a bailiff in?
For CCJs (including all loans, credit cards, overdrafts, mobile debts, parking tickets), unpaid council tax, fixed penalty notices for traffic offences etc a bailiff can’t break in unless you have previously let them in.
There are only a couple of situations when a bailiff can force entry to your house:
- they are collecting criminal fines from a magistrates court. (A fixed penalty for a traffic or parking offence is NOT a criminal fine.)
- they are collecting tax debts to HMRC and they have permission from the court to force entry.
Not sure or want some confirmation? Contact National Debtline who can explain the situation for your specific debt.
When a bailiff can’t force entry you should not let them in.
The first key rule of dealing with bailiffs is don’t open the door to them unless you have talked to a debt adviser who says they can force entry.
It’s very important that you don’t let a bailiff in – if you do, the next time they are allowed to break in!
Bailiffs aren’t supposed to push past you, but why take the risk? Unless the door is on a chain, just keep it shut and talk through the letterbox.
You may want to explain to the bailiff that nothing in the house belongs to you, or you have already paid the debt, or you have asked the council to take the debt back, or even to pay the bailiff part or all of the debt … but talk through the letterbox or a chained door. Or say you will phone them. And get a receipt if you are giving them cash!
The bailiff may say they can’t set up a payment plan unless they come into your house – don’t fall for this. If you let them in, they may refuse to accept the payments you are offering. It is easier to get them to accept a repayment plan if they haven’t been in your house.
You can set up a payment plan on the phone or by email. Or you could go to your local Citizens Advice and ask for their help to do this.
If you don’t let them in, you may get more letters, they may come again… but it’s good to know you don’t get charged more for any visits after the first one. Soon they will give up and return the debt to the creditor as they can’t collect it. The debt still exists, it isn’t wiped out.
What if they threaten you with prison?
If the bailiffs are trying to collect council tax, you may get a very nasty letter saying that they are going to recommend you are sent to prison if you don’t pay them.
Although it is theoretically possible to be sent to prison for council tax this is very rare – less than 100 people were imprisoned for council tax debt in 2016-17 – and the letters are usually very misleading. They don’t mention that the magistrates may wipe out your debt if you can’t afford to pay it for example! See Prison and Council Tax debt for an example of one letter.
Don’t get panicked by one of these into making an arrangement that you can’t afford. Get some good debt advice.
Cars and bailiffs
Bailiffs are generally allowed to take a car, van or motorbike when collecting a debt. But there are some important exceptions – they can’t take a vehicle if:
- it belongs to someone else. Even if the car is registered in your name it may have been bought by your partner;
- it is on car finance – this includes HP, PCP, leasing or there is a logbook loan on it;
- it is worth less than £1,350 and is necessary for your work or study and there is no public transport you could use;
- it is displaying a disabled blue badge;
- it is also your home, such as a motorhome.
If your car fits one of these exceptions, it shouldn’t be taken. Tell the bailiff this and show any proof, such as your car finance documents.
Bailiffs will usually choose to take a car rather than goods from your house because it is worth more. If they take your car it will be sold at auction, often for a lot less than you think it is worth.
So the second key rule of dealing with bailiffs is to park your car somewhere safe.
Citizens Advice says:
If you don’t want your car to be taken, the best thing to do is to park it on private land, such as a friend’s driveway or a car park. A bailiff can take your car if it is parked on a public highway, but they can’t take a car parked on private land belonging to someone else without a court order.
Other good options are to leave the car in a locked garage or park it a long way from the house – not in the next road.
Planning for a bailiff visit
When you know a bailiff is likely to call, explain to everyone in the house they should not open the door unless they know the person. Yes, it’s embarrassing telling your parents or flatmates that you have a bailiff problem – but it will be worse if they let a bailiff in who tries to take their things.
With a child, say that they mustn’t open the door to anyone except their friends. They should call you if you are in the house or phone you if you aren’t.
Keep doors locked or on a chain. It’s a good idea to keep downstairs windows shut. Bailiffs shouldn’t enter through a window, but keeping them shut will help you and your family feel more secure.
You may like some moral support by having a friend or a relative to be with you.
If there are things you want to show the bailiff (car finance documents, something that proves you are vulnerable, an income & expenditure sheet showing that you can afford so much a month etc), then get this ready so you can find them quickly. You could also take a copy of them so you can give one to the bailiff through the letterbox. Or email them to the bailiff in advance.
What if you do let them in?
What can bailiffs take?
If you do let a bailiff in, they can only take certain sorts of things. They have to belong to you, so bailiffs can’t take:
- anything bought on Hire Purchase;
- your children’s toys;
- things which belong to your partner, your parents, your flatmates or anyone else.
If a bailiff tries to take something that isn’t yours, you need some evidence of who owns it such as a bill or receipt, their credit card statement, family letters or emails referring to a gift etc. (NB you can’t give your possessions away after you have received the Notice of Enforcement from a bailiff.) If there is no receipt, the owner can make a statutory declaration where they swear the item is theirs – contact National Debtline for advice about this.
Bailiffs can’t take things which are necessary for day-to-day living or your work, see the list here. This includes clothing; bedding; some household appliances such as a fridge or a washing machine; and the tools of your trade or things you need for studying or education, such as a laptop.
Do they just take things away?
It’s unusual for a bailiff to immediately take anything away – they would rather you paid the money. What normally happens is they give you a list of things they will take. This is called a Controlled Goods Agreement – see what one should look like and what it means here.
If you have agreed to repayments you can’t afford, or the bailiff has listed items they aren’t allowed to take, you need advice fast. Go to your local Citizens Advice who can talk to the bailiff if necessary. Or phone National Debtline.
What if things go wrong
Bailiffs have rules that cover the procedures they must follow and the amount they can charge. They should act professionally, not be aggressive or rude or misleading. If you think they have behaved badly, make some notes as soon afterwards as possible.
Complaining about bailiffs can be complicated. Sometimes you may be able to go to court, sometimes you should write not just to the bailiff but to the creditor as well. See this Citizens Advice page for details and if you don’t feel confident, get some help by talking to National Debtline or Citizens Advice first.
The most urgent complaints are where a bailiff has taken or is preparing to take (has clamped a car or listed something on a Controlled Goods Order) something which they shouldn’t, either because it doesn’t belong to you or because it should be exempt. In this case, you need help quicky to recover the item or stop it being taken.
The bigger picture & would a breathing space help?
A letter from a bailiff is a priority. But you still need to look at your whole situation before making an offer of monthly payments.
If you have had council tax problems for a while, this bailiff debt may only be for one of the previous tax years even though you also have problems for other tax years. You need to be able to make payments to the other council tax arrears – and this year’s payments – otherwise they too will be sent to bailiffs.
If you have been ignoring other credit cards and loans that you have because you can’t afford them, this may just be the first CCJ/bailiff action. If you offer too much to settle this one, you won’t have anything for your other creditors.
So unless this debt with the bailiff is really your only problem debt, it’s a good idea to talk to a debt adviser about your whole situation.
In 2021 a new procedure called a Debt Breathing Space became law. This may help you if you have had a letter from a bailiff as if a 60 day Breathing Space is set up this will stop a bailiff calling during that time. It doesn’t solve the debt problem, but it gives you time to work out with your debt adviser what you should do. Citizens Advice or National Debtline can set up a Breathing space for you – and they will explain your other options if there is a better alternative.
Where to get help
If you are still at the worrying about what might happen stage, read How to stop a debt being sent to the bailiffs. Whether you have just missed a payment to a debt, you are getting letters from debt collectors or have been taken to court, there are things you can do to stop any chance of ever seeing a bailiff.
To get help and information about your specific case, good people to talk to are:
- your local Citizens Advice – if you can get to your local Citizens Advice fast they are usually the best people to help with bailiff problems. They will be able to negotiate with the creditor and the bailiff on your behalf. If the creditor is your local council, they will have dealt with a lot of these problems and know the local council procedures.
- National Debtline – you can contact National Debtline on the phone or (often faster) their web chat. They can answer questions quickly.
- for business debts, contact Business Debtline.
- for bailiffs and evictions, contact Shelter or your local Citizens Advice.
There are firms that advertise that they help you with bailiffs. Don’t trust these – most of them just want to sell you an IVA. Very few actually help people by phoning the bailiff or creditor.
Could a Debt Relief Order help you?
Will a debt breathing space help you?
How to ask for a council tax write-off
clive says
If bailiffs are allowed to force entry into your home, they cannot take any personal possessions you are wearing so before they break in wear all your valuables and jewellery and put other items in your pockets. Also grab a working video camera and film the whole event from start to finish. You are not obliged to even talk or assist them in anyway. But as said above best thing to do is not to allow entry and talk through the letterbox. You will find bailiff’s sent by local council enforcement team particularly dishonest and they will lie to you and not be in any uniform and pretend to be a stranger or salesman who “just wants to talk to you” he will do anything to get you to open the door! So be careful with friends, relatives and children.
Paul Kelly says
I had one visit last week
He tried to do a controlled goods from outside my home .so I rang him and asked if he was allowed to do this he said yes
He was a bit upset when I told him that was wrong
Sara (Debt Camel) says
!!!!
You might add that to this website https://www.bailiffreform.org/#story where recent bailiff experiences are being collected to help the calls for reform.
Ju brownie says
Ide like to ask how my partner and I stand as we have his 25 year old son living with us,, he is registered at our address he stays away for weeks then just show,s up, works full time but is terrible with money, has had his car reposed bailiffs at our door, lots of other mounting depts, credit cards overdraft payday loans endless car parking charging, we are worried these people are going to come to our door but not our depts,,, what do we do???
Sara (Debt Camel) says
Don’t let them in! None of the debts you mention are the sort that a bailiff can force entry for. If you don’t open the door, then you won’t have all the hassle of trying to justify what is yours and what is his…
But perhaps you should also tell him at 25 it’s time to sort out his problems? You could point him at this site – if he has had a lot of payday loan debts then he may be able to get some refunds which would let him pay off other debts? https://debtcamel.co.uk/payday-loan-refunds/. Or if the there are simply too many debts, then perhaps a clear start with bankruptcy or a debt relief order?
Conor @ Refresh Debt says
Really good info. In my experience they will do and say anything to get the money they want. You have to be brave and stay strong to them but most importantly get help from someone with experience with dealing with them
Peter corbett says
My wife received a visit from a bailiff 2 weeks ago, she was in the house with my son. He was trying to collect a parking fine which I was disputing, soon as she opened the door he leaned in and put his foot in the door, she tried to close the door and he wasn’t best pleased, he started causing my wife more upset by refusing to move his foot. She rang me and when I spoke to him, he changed his tact a bit, saying my wife was very upset and the best way to resolve this was to pay the £465 for a parking fine. I did pay it reluctantly, but my wife was very intimidated.
Sara (Debt Camel) says
Of course, that shouldn’t happen – but it does :(
You could lodge a complaint about the bailiff. You could add the story to the database of bailiff problems being collected here as it may help the case for reform: https://www.bailiffreform.org/#story
If you have a cast iron case for dispute the parking fine (the car had been stolen, or you had sold it, say) then you could go to your local Citizens Advice and ask if there is anything you can do.
John howell says
Can you call the police if forced Entry is made? Can you us.e force to stop him?
If he puts foot in door to prevent you shuttling it can you stamp on his foot?
Sara (Debt Camel) says
You can try calling the police but they are often not very familiar with bailiff law.
No, you should not use force. Just don’t open the door – prevent the problem arising in the first place.
Joanne Elliott says
Has anyone had any dealings with Dukes?
Sara (Debt Camel) says
It’s natural to ask this sort of question but it really won’t help you at all. They are a large, nationwide firm. Someone else may have had a horrible time with them or found them to be lovely, caring people… but that doesn’t mean you will have a similar result.
David says
I think that the important take away from this article is to be upfront with your creditors.
Sending in the bailiffs will no doubt be their action of last resort and if you are able to contact them to arrange a payment plan do so, they might surprise you and be more than willing to enter into a plan so long as you can evidence your income and expenditure.
Sara (Debt Camel) says
To stop a debt going to the bailiff? That’s a great idea, but this article is looking at practical actions when a debt HAS been sent to a bailiff.
Sue says
Pls help bailiffs are coming on 1 Sep. Can I call creditor for a payment plan?
Sara (Debt Camel) says
Unless you are vulnerable (see article above) or can show a good reason why the debt should not have been sent to the bailiffs it will probably be refused. See if you can get to your local Citizens Advice on Tuesday, or call National Debtline.
If they do call, don’t open the door unless CAB or National Debtline say you have to.
David says
Hi Sue
A quick link that you might find helpful. https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/stopping-bailiffs/stopping-bailiffs-if-you-dont-owe-the-debt/
Sue says
I am a single parent and been in esa for over a year with depression and anxiety on medication, got letter from gp with my issues will this help? also my name and surname is spelt wrong in the enforcement letter !! Not slept
Ccj is for a catalogue four years ago on my credit file. It’s closed but been passed on it’s with be legal who passed it on to bailiffs.
Sara (Debt Camel) says
The bailiffs have no right to force entry to your house so don’t open the door under any circumstances, whatever they say. You need some debt advice on your options – this will depend on what other debts you have. I suggest you phone National Debtline 0808 808 4000 on Tuesday – they can confirm what I said about not opening the door and talk through your options.
Sue says
Thank you. Do you think I would be best ringing creditor or bailiff on Tuesday to explained my situation and come up with a payment plan? I’ve no other debts. Got letter from cbt therapist with my issues etc
Sara (Debt Camel) says
Calling the bailiff is worth a try but if you are on ESA, I would be surprised if you can offer enough for the bailiff to accept. Don’t let yourself be bullied into agreeing to pay more than you can really afford. If the bailiff comes to your house to discuss this, don’t open the door as it’s very unlikely they will accept an affordable amount.
If you talk to National Debtline they can explain how to get the CCJ changed (the legal term is “varied”) to an amount which you can afford.
Sue says
It’s all fine now bailiffs are not coming spoke to creditor and paying a little each week.
Matt Alderman says
What can you do when they don’t send a single letter and just turn up? Its happened several times now and fed up of this tactic as they add substantial costs.
Sara (Debt Camel) says
Talk to a debt adviser about how you can complain – your local Citizens Advice is usually good for this.
And if you are seeing bailiffs a lot, it sounds as though you can do with some debt advice as well!
chrissy says
HI there,
So apparently I had a PCN from the council for parking in the wrong bay( (signage was NOT clear and the original notice on my car was not there) …long story short it escalated and eventually i filed an out of time notice with the court to get the clamp removed from my car (and because i had a legit reason for filing one) So this bought me time to move my car to somewhere secure.
But I then left for holiday and on returning discovered that it was rejected. So the bailiffs have come back to my home!
In a week i am leaving the city for 6months. So effectively they will just be knocking on the door as nobody will be there.
I really cant afford to pay this as it has now reached £500+ and I do not believe i owe them for the original fine in anycase. Can i just ride out the storrm by not answering the door? How bad can things get
Or is there another process i can go through to appeal? It might be too late, as i received the rejection a good 7weeks ago. (I was told the decision would take alot longer, so was expecting to be waiting when i got home)
Sara (Debt Camel) says
I can’t tell if you have any further legal options. I suggest you talk to National Debtline about this and about the bailiffs and what may happen if you do go away for 6 months.
Rachel says
I have received a notice of enforcement action from Equita for council tax arrears. They have not been into my home. Can i apply for an N245 to vary the order at this stage as they will not make an affordable agreement with me?
Sara (Debt Camel) says
No – N245 only relates to CCJs. Council tax arrears will have gone through a different legal route and resulted in a liability order, not a CCJ.
As the article about says, bailiffs cannot break in for council tax. If they have already called round to your house, their fees won’t continue to increase and the debt will eventually be returned to the council.
I suggest you go to your local Citizens Advice and ask for some help to get this debt settled – it doesn’t go away even if it is returned to the council.
alice says
Our local council removes the fees when their enforcement agents can’t get payments and return the debt to them.. Our local council don’t do anything unless they have to so I imagine this must be in some long winded bit of law like Taking Control of Goods (fees) regs
This is what our debt team have worked out.
If you avoid paying the bailiff anything your added fees (often £310) disappear on it being returned to the council .
If you pay, your fees don’t have to be wiped on return to the council. This seems to be to do with the agent having recovered something so enforcement hasn’t failed.
I can’t speak to practice in other areas
So don’t let them in, and park car on private land is generally the advice. Vulnerability evidence should be copied to council and enforcement agent
Audrea says
Can I put my 14 yr old daughter as the owner of my car to stop bailiffs from taking it? It’s parked outside my house which is rented and also private property. Property’s the landlords property not mine. Can the still take or clamp it?
Sara (Debt Camel) says
No, you can’t change the ownership to be your daughter’s. I am not clear if the car is on your drive or the road, but in either case the bailiffs could take the car.
Jason golding says
Why can the ownership of something NOT be given to someone else?
If it is not under control of goods then you should be able to do and give whatever you want with the things you own. There is no rule to say you can’t sell something to your child.
Sara (Debt Camel) says
Well it could, but if you play games like that a creditor can make you bankrupt and the Official Receiver would have the power to reverse the gift.
Of course that wouldn’t apply if you sold something for fair value.
Richard says
I applied for an IVA in August. Included in it was Council tax debts from 2 local authorities. When they had the creditors meeting both councils refused to accept my IVA and demanded the full amount. Almost immediately afterwards they resumed Bailiff action. I don’t understand what I’m supposed to do. Both councils have seen a copy of my income and expenditure and know how much money I have, so what can they achieve by bullying me with more Bailiffs?
Sara (Debt Camel) says
Has your IVA been approved? Did you let the bailiffs into your house?
Richard says
The IVA was declined because my Council tax debts are more than half of my overall debt. Because both councils refused to accept my IVA it didn’t go through. The bailiffs have never been in my house. My curtains are always shut and all the other windows are also covered over so they can’t look through the window.
Sara (Debt Camel) says
How large are your total debts? Are you buying or renting? Are you in work?
Jenny says
I’m trying to find out who actually legally owns the enforcement fees levied by the enforcement agents. Are the fees legally owned by the Council but collected and retained by the agents as part of the collection contract with the Council or do the agents in fact legally own the fee once the relevant actions have been completed.
Sara (Debt Camel) says
So far as I am aware, the fees belong to the bailiffs. Why is this of interest to you?
naziam mohammed says
Hi
I just wanted some advice/information on bailiffs attending to collect incorrect council tax, while i was student the council charged me full council tax even though i was working part time and showed them proof of income.
I also requested council tax reduction forms from the council who refused to provide in time.
In other years family members paid the council tax but the council also charged me the council tax can 2 people at the same house be charged for the same year.
when the council issued court summons i attended the court, but the council refused me to record the meeting so can the charge me for this?
i have been asking the council for a breakdown of the council bill for the last 2 year but they do not provide this.
I had a property on rent with tenants the tenants did not pay the full bill so the council charged me there unpaid bill can this be fair?
to me it looks like they are just attempting to charge as much as possible and hoping i pay as much as possible.
now the council bill is out of control and the council are sending the bailiffs.
Sara (Debt Camel) says
That is a long list of different issues. I suggest you take all the paperwork down to your local Citizens Advice and ask for their help.
Ron says
Hi
I am disabled with severe chronic depression due to my spinal problems that affects my mobility. I have been informed of a bailiffs visit, I have two televisions, one in my bedroom of which I can spend anything up 3wks in when my spine goes into spasm (to frequently), the other TV is in my front room, which I can also end up spending nights in because I cannot get up stairs to bed. This happened recently and due to staff problems my carer package was only for mornings and lunch, I was not able to get up stairs for 2wks, this makes thing far worse as I also only manage anything from 2 to 5 hrs of broken sleep of a night even with my very high medication.
My televisions are a very important part of my life and help fend off the roads at which I find myself on because of my depression. I also have a computer in my front room for ease of paying for goods, shopping and using the online prescription service. At last we come to the question, can a bailiff take my computer and televisions towards my debt? Before I lost my job due to ill health and was pensioned off by my employer in 2014 I was in control of everything, unlike now. I hope this sounds ok, it did in my head anyway (but then a lot does).
Sara (Debt Camel) says
Hi Ron, what sort of debt are the bailiffs collecting? can you say if you are renting or if you have a mortgage?
Ron says
Hi Sara, catalog and loan debts, I rent a one bedroom house through my local council.
Sara (Debt Camel) says
OK then these are NOT the sorts of debts where a bailiff can ever force entry. Do not open the door under any circumstances – if they can’t get in, the question of what they can take doesn’t matter! NB I am assuming you don’t have a car parked outside…
Not letting a bailiff in doesn’t get rid of the debts. From what you say (health problems, not working, renting) it is likely that a Debt Relief order could be a good debt option for you. Read https://debtcamel.co.uk/debt-options/dro/ to find out more about this. Any CCJs, including these debts with the bailiff, will be included in the DRO. I suggest you call national Debtline on Monday about a DRO – they will be able to help you if one is a good idea for you – make sure you tell them about your mental health issues and that you are being pressured by bailiffs.
Ron says
Hi, I do have a car but I think i’m right in saying that they cannot take it as it belongs to motability? one of the debts has just gone to a CCJ.
Sara (Debt Camel) says
Yes, a motability car does not belong to you and cannot be taken by the bailiffs. Tell National Debtline about this on Monday, they will advise you on whether you should phone the bailiffs up and explain about the car.
Steve j says
So i got a CCJ with a warrnt thingy, So i am going to pay all of it off in one lump.
Once this is paid thats the end of the matter?
I.e they not allowed to chase it again as i have paid?
Sara (Debt Camel) says
This is a bailiffs warrant?
Steve j says
that’s the one
Will add says total sum = £1276 and balance oustanding = 0
Paid it all off in one swoop
Sara (Debt Camel) says
Well you will need to pay the bailiff’s charges as well as the CCJ. Pity you didn’t settle it earlier.
Steve j says
bailiffs never turned up i got the letter on sat and paid this morning in full
says if i dont pay in ten days then i get bailiffs but as i paid
Jeanette Rogers says
Hi. I’ve had one visit from Bailiffs, I did not let them in. I rang them, told them how much I could afford to pay back each month. It was not excepted. I have received another letter saying that they are coming this weekend. Can they gain entry if they have been once already. Also I am deaf. Do they class this as been vulnerable. I am registered as disabled because of been deaf.
Sara (Debt Camel) says
Hi Jeanette, what sort of debt are they collecting?
Jeanette Rogers says
Council tax. This letter I received says that enforcement fees have been added after a first visit and there legal department are preparing papers for them to visit this weekend with the intention to remove goods.
Sara (Debt Camel) says
“Can they gain entry if they have been once already.” – no, they are just bluffing (assuming you don’t have a car they can easily take). Also they can’t add on any more fees after the first visit.
“I am deaf. Do they class this as being vulnerable. I am registered as disabled because of being deaf.” Whether or not the bailiffs would class this as being vulnerable, the local council probably will…
I suggest you email your local council and say you are deaf, you have tried to make an arrangement with the bailiffs on the phone but your deafness makes it hard for you to communicate with people who are not being helpful. Ask for the debt to be called back from the bailiffs, for the bailiffs fees to be removed and for you to be able to set up an affordable repayment arrangement. Attach some proof of your deafness to the email.
Jeanette Rogers says
Hi. Thankyou for replying. This has eased one of my worries at least! I don’t have a car, so gave no worries there. I only have access to email via phone, so have no way of including attachments to email, so I will go in to local coucol tomorrow
Alex marsh says
Hi i have received a ccj for a electric bill I defaulted on the ccj and it has been passed to hceo’s
One called today and I wasn’t at home he left a letter in my post box to say goods will be taken with or without my presence next time and to pay the debt in full which is now £1880 I have tried to make a arrangement with them by email but they rejected it it was only £5 a week but that on benefits is all I can afford.
I am a mum on benefits with two young child (4&2)
Can they break In next time they come?
Sara (Debt Camel) says
No they can’t break in unless you have previously let them into the house. Do you have a car? Other debts?
Aaron Stevens says
Yesterday enforcement come my house yesterday morning without notice letter. But I am deaf, don’t really understand him but he was very rude and no communication. As no BSL interpreter or support me understand this situation..But he didn’t. He threaten won’t accept any i can afford. I know He do his job but he threat me like shit. I’m deaf As disability. Do I have right to have BSL interpreter? As there no communication. I don’t know their law.
Sara (Debt Camel) says
Go to the National Debtline website tomorrow morning after 9am: https://www.nationaldebtline.org/EW/Pages/default.aspx. They have a webchat facility and it’s very good – you will be “chatting” to a proper debt adviser who will answer all your questions in depth. They will want to know what the debt is for and what the rest of your finances are like.
sandra burns says
Hi I have a council debt whuch was originally £169, now escalated to £379,… die to a remeoval of good,s notice,..I have been paying them Equita a little late but every calendar month £10 per months as agreed,.. this month I paid £20 to Equita but the bully enforcement agent has sent me a removal of good,s notice without a breakdown of costs and monies paid, and threatened me with immediate enforcement on a scrappy bit of paper,..I have contacted CAB ,..and given him the ref number,.. he said thats no good we still coming,.,…he has not been in my home but says that they will take 3 visits before a forced entry and not entered into any renegotiation,…told me it was passed that past that,…and am paying equita every month because a couple of payments were lat they Equita cancelled my aggreement,… can I take them to court……need an answer by 2nd Oct
Sara (Debt Camel) says
Hi Sandra, you need someone to talk this through with you in detail. If you can’t get to see anyone at CAB today, I suggest you call National Debtline on 0808 808 4000.
Abzi says
Morning
I have bailiff sending letters on my partners name he hasn’t been living here for year and im not in contact with him. His name still on the bills and council tax,
How do I prove he no longer lives here
Regards
Abz
Sara (Debt Camel) says
Well first tell the council he no longer lives there – if you are single you can get a 25% reduction in your council tax. And get his name taken off utilities etc.
But it’s hard to prove a negative without something like a council tax bill to support what you are saying. Just keep telling the bailiff you haven’t seen him for a year and do not know where he lives. And do not open the door to the bailiff.
Luke says
I’ve received a notice of enforcement for unpaid council tax, I payed them around 15% of the debt online as soon as I received the letter and then emailed them with a payment plan, I got an automated response saying that theyd received my email but I’ve not heard anything since then. Because they’ve not got back in touch do I take it that they’ve agreed to this plan?
Sara (Debt Camel) says
Who did you pay, the bailiffs or the council? Paying the council will not stop the bailiffs calling.
How long ago did you send the email?
I definitely suggest you start making the payments you suggested, but I can’t guess if they have been accepted. You could phone up and ask?
Luke says
I paid the bailiffs online after I received their letter, they’ve not attended my home. This was a week last Monday that I sent the email and they said theyd get back to me within 5 days but I’ve not heard anything.
FFionpearl says
Hi (Sara) I’m wondering if you can help to put an end to the nonsense going on at the moment. if you agree can you please write something to help others. i advise on such matters and am finding these people are hindering the advice given.
There is a lot of misconception around enforcement agents (bailiffs) and what they can do. A lot of this has come about due to an idea that we are not names and that if we refer to ourselves as men or women then we cannot be held accountable in court. That we are legal fictions and if there is a sign put up saying that bailiffs entering a property are trespassing and if the don’t leave the householder has the right to charge x £,0000.
The issue of having goods removed needs a specific approach and there are other options to get the bailiffs to go away. For instance vulnerability issues should be flagged or the ignore them approach is also good if there is nothing movable outside. Eviction should lead the debtor to do one thing- negotiate. Usually an n244 to suspend the order on terms. Waiting until the bailiffs are there and then arguing that the wrong signature is on the form is pointless and dangerous.
Sara (Debt Camel) says
I very much doubt I can put an end to the freemen-of-the-land type nonsense. You are absolutely right that it is dangerous and prevents people taking good debt advice at an early stage when the right advice can make all the difference.
Sara says
Hi Sara, I’ve had a visit today from an enforcement officer today over unpaid council tax, my son who is 26 answered the door and told them I wasn’t at home the officer says she is coming back tomorrow to remove goods and has left a removal notice, I have never let anyone in the house, can they force entry into my home? I am absolutely petrified they are going to take what few belongings I have, please can you advise me, thanks
Sara (Debt Camel) says
They have no right to force entry to your house for council tax arrears unless you have previously let them into the house.
But I suggest you talk to National Debtline tomorrow on 0808 808 4000. First to confirm what I have said (which should help to make you feel less scared) and secondly to talk about what your options are. because not letting them in doesn’t mean this debt will disappear.
lucy says
I had a letter saying the bailifs were coming and I owed 1000 pound for council tax. I paid 500. Whilst I was out a bailif came to my house and posted a letter saying he as coming back to take my goods and will gain entry if I’m in or not . Can this happen.
Sara (Debt Camel) says
A bailiff trying to collect Council Tax has no right to force entry unless you have previously let him into the house. I suggest you contact your local Citizens Advice or talk to National Debtline on 0808 808 4000 to see what your options are.
Ria says
Ive got council tax debts, but am in the process of setting up an IVA. The IVA application has been accepted and the meeting with creditors is set up for 9 days time.
For the last 2 days ive had enforcement agents from Phoenix knock on my door very early in the morning and leave an enforcement notice with a Warrant of Control. What can I do to stop them?
Sara (Debt Camel) says
Have you previously let the bailiffs into your house?
Do you own a car parked on the road outside?
The IVA – who is the IVA firm? Are you buying or renting? How large will your IVA payments be?
FFionpearl says
Warrant of control – are the bailiffs there for the council tax debt or are they from the county court?
Council tax check https://www.nationaldebtline.org/EW/factsheets/Pages/council-tax-recovery/counciltaxdebt.aspx
County court its https://www.nationaldebtline.org/EW/factsheets/Pages/stoppingbailiffaction/countycourtbailiffs.aspx
There is info on how to deal with the bailiffs but its broadly the same for both types of debt. There is no right to force entry on a council tax or county court/high court debt unless they have been in before and made a controlled goods agreement with you. So lock the door.
County Court – You can ask for the warrant to be suspended – your local CAB can help as it could be an n244 or n245 form that is needed depending on other factors.
But if you are not a homeowner or have an asset to protect, my concern would be whether an IVA is appropriate. They often aren’t. Don’t rush in to an IVA if it isn’t right just because bailiffs are instructed. There is more than one way to manage that problem while you get full debt advice.
Have a look at https://www.nationaldebtline.org/EW/factsheets/Pages/ways-to-clear-your-debt/debt-advice.aspx to see if there are better options. Get free debt advice from CAB, national debtline or stepchange
emma says
I have a debt for south west water and I have tried to make arrangements with them they refused me, they got bailiffs involved and I tried to sort the debt.. not heard from the bailiff in over 2 mths and I cam home to a letter today saying they have come to move goods, help!
Sara (Debt Camel) says
So you agree you owe South West water money, they have a CCJ and you have received a Notice of Enforcement letter, correct?
The bailiff has no right of entry, you do not have to let them in. Do you have a car parked outside?
Are you find it difficult to pay your current water bills? If you go to your local Citizens Advice, they can suggest if you maybe entitled to a lower tariff or other help and they can also advise on what to do about the debt with the bailiffs.
H says
Hi I have had a visit from enforcement officers concerning parking /penalty notices for my brother who lives at my address. He is disabled and has mental health issues. They have said they will remove goods.
I explained he owns nothing in my home and have sent a Statutory Declaration to the Northampton Court Business Centre but
I do not have the case numbers can they return and force entry to remove goods.
Sara (Debt Camel) says
did you let them into the house?
does your brother have a car parked outside/
H says
No I did not let them in. My brother has a mobility car but it’s not outside my home
Sara (Debt Camel) says
Good. They cannot force entry for this sort of debt unless you have previously let them in. Make sure your brother and anyone else in the house knows they should not do this.
They also can’t take a mobility car as it does not belong to your brother.
This means your property is safe from the bailiffs but it doesn’t solve the problem about how to pay the debts. Or if the parking tickets should have been challenged in the first place. Can you suggest your brother needs to talk to a debt adviser about this?
Abby Bland says
I have a bailiff coming to remove my goods tomorrow. She has never been in the property and has never taken a contoleed goods agreement.
I have requested to their company and my council that they lower the monthly repayments as I can’t afford them. The national debt line sent a copy of my budget plan to me and u emailed the company to show them I am in financial hardship at the moment and can’t pay. This request has been ignored, the woman bailiff told me she couldn’t enter me into a payment arrangement until I had paid her the money I owe. They are coming tomorrow and I’m so worried as they won’t listen to me or accept that I have children in the house and pregnant and high risk miscarriage and alps have an eating disorder which was managed until this happened. Someone help me please.
Sara (Debt Camel) says
So I hope National Debtline also explained that this bailiff has no right of entry? Just don’t answer the door if you will be stressed.
Do you have other debts as well?
Kelly says
Hi I have unpaid council tax debt and have received a letter of enforcement. I am a single parent and get paid monthly so told them i would not be able to make a payment until the end of the month which they did not accept. The bailiffs are expected over the next few days can they break in? I read online somewhere that they can give you a two day order and then break into your house is this true. TIA
Sara (Debt Camel) says
No they can’t. Don’t open the door to them. Do you have a car that you own sitting outside?
Can you go to your local Citizens Advice to get some help with this?
Tracey says
Hi I had a visit yesterday from a company called Jacobs I did not answer the door has I am classed has a vulnerable adult due to depression/anxiety and self harming..The letter stated they would be coming back to remove goods in 24 hours which means today, I am now in my own home where i should feel safe but I am absolutely petrified that they will just break into my home..All my doors and windows are locked..Do they have the power to just break in..It is for the sum of £637..Which I think is pretty extortionate for council tax
Sara (Debt Camel) says
A bailiff collecting council tax has NO POWER to force entry unless you have previously let them in. Which you haven’t!
Do you own a car which is parked outside?
If you want to talk to someone about this, you can phone National Debtline on 0808 808 4000.
Not talking to a bailiff keeps your things safe but it doesn’t make the debt disappear. You could talk to National Debtline about what your options are for a longer-term solution.
Tracey says
No I do not own a car..I don’t own anything of any value..I have just emailed my council to see if there is any way they can call of this company and come up with a reasonable payment plan and maybe take some out of my ESA.
nicola Bull says
Hi just wondered if I get some advice Rundles have visited my flat today and left a letter saying they are entering my property at 7.30 in the morning to take good over a council tax debt the council tax is being paid my daughter did let them in a while back she has phoned and they said they have got the right to enter my flat whether I am there or not unless I pay the debt would should I do
Sara (Debt Camel) says
Talk to National Debtline now – 0808 808 4000. You need urgent advice on the specifics of your case.
Sam says
I have just had my application submitted I have spoken to enforcement agents & also have debts with rundles too can they just come at anytime & take my vehicle with no warning? Would telling them I have an application for DRO stop them if I give reference number over? I don’t want to wake up one morning & my car has been clamped it’s not worth anything it’s so old
Sara (Debt Camel) says
You have had the first letter from bailiffs – the “Notice of enforcement” letter, see https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/stopping-bailiffs/dealing-with-a-letter-saying-bailiffs-will-visit/ ?
Telling them you are applying for a DRO is a very bad idea, they may speed up not give up…
You need to park the car well away from the house or on private land or in a garage. If you don’t, you may get away with it, but better safe than sorry. Talk to the debt adviser who is setting up your DRO about this asap.
Constantin says
Hello. Does anyone know how many days will take to Jacob’s agent to come to a property if you miss a payment with them. Today is the last day that they give me to pay. And I will like to know if they will come over the weekend to the property! Please I need an answer asap. Thanck you
Sara (Debt Camel) says
Your council tax debt has now been sent to the bailiffs? I suggest you read https://debtcamel.co.uk/bailiffs-dont-open-door/ and talk to a debt adviser urgently, eg national Debtline on 0808 808 4000.
JOHN EVANS says
i HAVE HAD A TELEPHONE CALL FROM SOMEONE PURPORTING TO HAVE A CCJ AGAINST ME AND SAYING THEY WERE COMING ROUND AT 11:00 TO COLLECT
DO YOU THINK THIS IS A SCAM?
i HAVE NEVER HAD ANY KNOWLEDGE OF A CLAIM TO THE COUNTY COURT
Sara (Debt Camel) says
Only bailiffs are entitled to do this and you should have had a “notice of enforcement” letter from a bailiff before any phone call (see https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/stopping-bailiffs/dealing-with-a-letter-saying-bailiffs-will-visit/).
Have you had a look at your credit record to see if there is a CCJ on there? Here is how to check your credit record for free: https://debtcamel.co.uk/best-way-to-check-credit-score/.
If you do have a CCJ, then a bailiff has no right of entry as the article above says.
If someone comes round, I suggest you don’t open the door (unless it’s on a chain). Ask the bailiff to post id through the letterbox or show you it through a window. point out you have not had a Notice of Enforcement about the alleged debt and you have no knowledge of a CCJ. Ask for proof. You can talk to National Debtline on 0808 808 4000 if you aren’t clear what the debt is.
Kelly says
Ive got enforcement officers coming and i was wondering if they can take my daughters car its sorn on my driveway there coming for southern water im in process of iva the virtual meeting is 7th feb to see if they will accept it ive contacted marston but they say they can only make a payment plan if they come out even the iva have asked for 30 days grace they have declined it and are still coming today i did ring step change when i got the letter but it wasnt helpful at all they told me id have to pay 500 a mth as thats wat monies i had left over but 400 or it is my daughters dla so i only have 100 also i wasnt told anything about how to stop enforcement or n245 form im in such a mess
Sara (Debt Camel) says
are you buying or renting? how large will your monthly IVA payment be?
is the car registered in your daughter’s name?
Kelly says
Renting and she has log book paying 1st payment 6th feb £100 a mth
Sara (Debt Camel) says
Can I suggest you talk URGENTLY to National Debtline on 0808 808 4000 about whether an IVA is a good option for you or whether you may qualify for a debt relief order, if you do, a DRO is always better than an IVA. An IVA firm is often not good at telling if you could have a DRO because they never organise them, National Debtline are experts.
They can also talk to you about your bailiff concerns.
Your daughter has a logbook loan on a car that is SORNed? Does she have other debts as well?
ffionpearl says
Your post is quite muddled I expect its because you are panicking but its hard to know exactly what your situation is.
However,
They cannot take the car unless it belongs to you or anyone else named on the CCJ ( the CCJ is the court judgment that allows the bailiff to come out). So if it is your daughters then no. So you lock your doors and don’t let them in and then take some proper advice on your options as I’m not sure why you are having an IVA unless you are a home or business owner. I’m instantly suspicious of IVAs as they are often mis sold
I’m confused about the £500 month payment too. The £400 DLA should be disregarded. Who did the income and expenditure ? Do you think you have £100 per month left after all expenditure? As you will be making these payments for 5-9 years whereas with bankruptcy its £680 once. Plus your actual surplus unless its all benefits The n245/4 you could do but you would need to make an offer of repayment and ask to stay the writ ( assuming they are high court bailiffs). Get advice! No-one can tell you much that’s really helpful without about an hour of asking you questions!
patricia Romain says
I owed £70 for a fine the court gave me, they passed the debt on to the Bailiffs who then charged me the 70.00 + 75.00 + 235 for visit said they wrote to me but i did not receive any correspondence from them only when one turned up and posted the letter. Now they are threatening to get a possession order I told them they should have given me time to arrange payment they insisted they did I had no knowledge of this until the man from Marston turned up. What can I do about this it is worrying me.
Sara (Debt Camel) says
This is for a magistrates court fine? If it is, you need advice urgently. Call National Debtline on 0808 808 4000 – they are open until 1pm today, or first thing Monday. Or get to your local Citizens Advice first thing Monday if you can manage that.
Ffionpearl says
Possession Order; are you sure this is what they said? A possession order is to repossess your house and would not happen for anything other than a rent or mortgage debt.
When you say court fine, i’m wondering same as Sara;is it a magistrates fine? If so the bailiff has an extra power to those collecting the other types of debt as they can get a locksmith and get in to your house (although when they get in they have no extra powers and can’t take anything you need for everyday living like bed, fridge cooker etc). Consider a means hearing as this is what i advise my clients that have these fines
Check https://www.nationaldebtline.org/EW/factsheets/Pages/magistratescourtfines/magistratescourtdebt.aspx
Look whatever it is, you can do something about it but you need a debt/money adviser to spend about an hour with you, working out all your options.
patricia says
The court sold the debt to the baliffs they said contact the baliffs it was for only £70 I paid £15 marston took this amount off but still charged £380 for visit ect. So they have done this. The court passed the debt on and yes it was a magistrates fine of about £390 which all I owed was £70 and because of late payments they passed it on to Marson. Horrible people.
would it be off any benefit if I spoke to them to set up a payment plan. I am on ESA and have medical issues my home is in turmoil and if they did come in they would be shocked no lies here. I have no support from anyone. this is stressing me out badly all for the sake of 70.00 pounds.
Sara (Debt Camel) says
talk to National Debtline as I said as bailiffs have more powers with magistrates court debts. Or get to your Citizens Advice on Monday, you need help with this.
Ffionpearl says
Sara is right you need full advice, but you could do with Marston returning the case back to the court because then their fees will be taken off again (hopefully leaving you with just the original debt) so its worth trying to get rid of them. I note you are on ESA. I don’t know why you have ESA, but if you have anything like depression, anxiety, heart conditions, severe mental health issues. etc, it would be worth asking your GP to write a letter stating that you are particularly vulnerable and that if the bailiff attends it will make your health worse and be a risk to you. failing that if you have nothing in the house and Marston get in and see that you have nothing, chances are that they will take the debt back to the court.
If i were you i would not make offers to them or say they should come back another day for the money or any tactics like that because they will keep hold of the case and keep on coming round. Whereas if you say you are vulnerable and/ or that you are going to get advice, but that you will not talk to them in the meantime, they will inevitably visit less and eventually return the case- its like feeding pigeons- if you feed them they will come back.
If the bailiffs return the case book a means hearing and ask to pay the debt at £5 per week deducted from your ESA . But get advice!!!
A.K says
Hello i was contacted by collecting company and they told that take goods from my house. What i can do? I was asking for more time to clear outstanding balance.
Sara (Debt Camel) says
what sort of debt is this? who is the collecting company?
A.k says
Concule taxes and company rosandalles
Sara (Debt Camel) says
ok they are bailiffs. Can I suggest you go and talk to your local Citizens Advice? They can be very helpful with council tax. Or if you would prefer to talk on the phone, call National Debtline on 0808 808 4000.
It’s important you don’t open the door to the bailiffs and you need a debt adviser to help you with what to do. Especially if you have a car.
RK says
I have been contacted by Jacobs Enforcement for council tax arrears, they told me that my husband did not keep up with the last arrangement therefore they will be coming round next week.
We have previously paid that council tax arrears due to Jacobs and this one is the final one. I have requested more time or a chance to pay in 4 installments…but they refuse and council won’t even listen, just saying it’s out of our hands. Will they be able to force their way in if we don’t pay?
Sara (Debt Camel) says
Have you let them in before?
RK says
No
I read on the national debt website that if they have a liability order they can come in by force
Sara (Debt Camel) says
Can I suggest you phone National Debtline on 0808 808 4000 and check this, because you may have misunderstood something on their website.
RK says
I will, thanks Sara
Nina says
I have a council tax debt, already been given an enforcement letter etc, etc…My car is currently on a PCP finance under my name but unfortunately, don’t live in the nicest or space(iest?) of areas so have no choice but to park on the drive of my rented house. Can bailiffs still clamp my car? I’m worried they’re going to do it to “send a message” but one of my disabilities involves anxiety and I can’t leave my house without my car (as silly as it may sound to some).
Sara (Debt Camel) says
They can’t take a car that is on PCP finance. I suggest you go to your local Citizens Advice about your options about this debt.
Paul cook says
Hi
Ballifs from CSA have been badging me about money. I’m self isolating due to virus. So got no money coming in. Plz give me some advice.
Sara (Debt Camel) says
Can you talk to National Debtline urgently – 0808 808 4000. You may not get through at first but persevere.
David says
I arranged monthly payments with my local court to prevent bailiffs and warrant of control. I rang them this morning to make my monthly payment and the lady told me bailiffs there are not working due to the current coronavirus and that I had the option to defer payments for 3 months until 24th June.
I just wanted to post to let others know that their courts may offer the same service due to the current situation. It’s left me with extra money for necessities and may be worth others who are in the same situation ringing to check if their courts are the same?
My debt was with Doncaster Court.
Sara (Debt Camel) says
good to know! Thanks.
kelly says
Hi Sara I currently pay Bristow and Sutor (bailiffs) £200 a month I have now been furloughed, Conan I get these payments reduced?
Sara (Debt Camel) says
I hope so – their website https://www.bristowsutor.co.uk/ says get in touch.
Ami says
I recently had to stop working to care for my disabled daughter. It soon came to light that my husband who had mental health issues has not paid bills. First I knew was a bailiff attending. He did not enter the property. Bills have totalled to over 18000 so I ended up taking out a IVA as I had no way of making affordable payment by negotiating. The electric on its own is over £10000. Bailiff has evidence of IVA (collecting for unpaid parking ticket) and also car is on finance with a displayed blue badge . Bailiff is saying he will collect and clamp and remove car
Sara (Debt Camel) says
Can I ask if your husband also has an IVA?
Are you buying or renting?
How much are you paying a month to the IVA?
Have you told the bailiff the car is on finance?
ffionpearl says
Get Debt advice immediately – not from an IVA firm but from Citizens advice/national Debt line. Someone will look at you entire situation and give tailored advice If you owe £18,000 (or less than £20,000) and live in rented property have low assets (less than £1,000 in savings etc), vehicle worth less than £1,000 (when valued on parkers etc) and less than £50 left over each month after all your spending, you may be eligible for a debt relief order which is much much better than an IVA as its a 1 off payment of £90. IVAs are very often a bad option unless you have an asset like a house
Meanwhile unless its for a magistrates fine you dont have to let the bailiff in
Steven says
Hi Sara, I have received an enforcement letter from Marston’s which is from a debt with Severn Trent Water. I contacted Severn Trent who said nothing could be done, even though we’ve been paying them an agreed payment plan since April. Admittedly at the beginning we didn’t pay the full amount because we had just been placed on Universal Credit and finances were very low. But because they contacted my partner she didn’t reply as she has severe anxiety and depression. I explained this but to no avail. When I contacted Marston’s to set up a payment plan they said it could only be arranged by an enforcement officer visiting. I reluctantly agreed but they couldn’t give me a timeline. There is a time and date on the enforcement letter but she said it will be by then, could be any day. I know not to let them in, that’s fine. I do have a car on the drive, it is sorn and doesn’t drive so I can’t move it, they can have it! But does that affect my rights ie if they have access to the car can they say they’ve had access to the property and force entry in future? Also, from what I understand, if an agreement can’t be reached on a payment plan they eventually pass the debt back to Severn Trent is that right? Many thanks
Sara (Debt Camel) says
No, they can’t access your house just because they take away a car.
I suggest you call your local Citizens Advice tomorrow. The bailiffs should be told that your wife suffers from severe depression. And there may be other help you can get from Severn Trent.
Steve says
I’ve been chatting to National Debtline and got some advice from them. I have explained all the circumstances to Severn Trent they say they cannot help as it has been passed to Marston’s. But I will email the bailiff to explain, I am emailing them anyway informing them I am applying for a stay of execution and won’t be making any payment until the outcome of that is known. Thanks Sara
steve says
Hi Sara
I had an account 5 years ago with JDWilliams i fell behind with payments and the debt was sold to Cabot finacial LTD they got a ccj on my 3 years ago and tbh i forgot all about it as i had nothing from them from that time. Yesterday i received a warrant of control from my local court they are sending bailiffs to my home.
I suffer from major metal health issues and i am also recovering from a heart attack in past 8 months this has made me very ill. Is there anything i can do i never even knew bailiffs did this for a catalogue debt.
Sara (Debt Camel) says
do you have other problem debts as well as this one?
Bailiffs have NO right for entry for this sort of debt, see https://debtcamel.co.uk/bailiffs-dont-open-door/
steve says
I have a lot of debts but FOS are currently upholding a lot so my debt will go down a lot.
I received a text then i rang the bailiffs and they told me they are coming out. I never knew anything about the CCJ so i have just filled in a N244 i want it sent back and also hold the bailiffs until i know whats going on.
Sara (Debt Camel) says
ok I suggest you talk to National Debtline on 0808 808 4000 – they can give good advice on the N244.
In the meanwhile, as I said, bailiffs have NO right of entry but if you have a car parked on your driveway or outside the house they could take that, so is their somewhere secure or a long way away that you could leave it?
steve says
I have 2 cars both on finance but i also have a blue badge so i know they can’t touch them.
One car is my wifes on finance and my car on finance both with moneybarn. I have won the case with FOS and i am returning my car so will only have one. The car has only £2000 left on it out of £10.000 so my son is clearing it rather than sending that one back after interest is taken off.
steve says
I filled in a N244 yesterday and ive just contacted the county court bailiffs and they have just confirmed that this has stopped them.
Do you think i should contact Cabot and let them know whats happening as i want a hearing as the information they hold is incorrect and i never got any papers etc in first place to get the ccj
Sara (Debt Camel) says
Please talk to National Debtline. You need specific advice on your individual case.
steve says
I have received communication from the courts regarding my N244 it has sent a hearing to my local county court. I have also heard from Cabot trying to be all nicey nicey. They have all incorrect details so i am going to attend court if it goes that far.
ffionpearl says
Hi Sara
Do you have an article about the rights of and protections for vulnerable debtors? I know “rights” may be a strong word, but its a difficult subject on which to get clear & up to date advice
Thanks
Sara (Debt Camel) says
No I haven’t written about this. The Citizens Advice page is good https://www.citizensadvice.org.uk/debt-and-money/action-your-creditor-can-take/bailiffs/how-bailiffs-should-treat-you/how-bailiffs-should-treat-you-if-youre-vulnerable/
Gemma white says
Hi a bailiff turned up at my house posted a letter.sayin removal notice.its for road traffic warrant. I phoned him try make a payment plan.he said no he can force entry is this true
Sara (Debt Camel) says
Talk to National Debtline on 0808 808 4000 urgently about what the offence was and your options.
Shannon says
Hi,
I have appealed bridge crossing fines I had which were originally with Mersey Flow but got passed onto Marston Holdings. I was told this was on hold whilst the appeal was taking place.
I was away this weekend Friday-Monday and my current partner stayed at my house with the kids whilst I was away. When I returned he said that bailiffs (enforcement officers) turned up Saturday morning asking for me. They then said to him that I owe a lot of money and unless they receive £380 today they will take my car (which was parked outside the front of the house). They also said to him that the appeal had been rejected (I haven’t received any notification of this) My partner reluctantly paid it because he knows I need my car. The bailiff then said they will set up a payment plan for me of £145 a month.
On Monday, I got the letters through the door to say the my appeal had been successful and the fees revoked.
There are a few things that have really annoyed me and want to know if there is anything I can do:
– firstly, I am so annoyed they have turned up in the first place when it was meant to be put on hold and then I got the letters through 2 days later.
– my partner wasn’t aware of the debt and now he knows I owe money because the bailiff asked for £380 and said he would set up a payment plan of £145 per month. This has caused a lot of problems for me in my relationship.
– how do we get the money back (£380) he paid?
Sara (Debt Camel) says
I suggest you talk to National Debtline on 0808 808 4000 about this and the various communications you had with Mersey Flow and the bailiffs. If the appeal succeeded and you did not owe any money then someone will have to get the £380 back that was paid.
Shannon says
Thanks Sara,
I will give them a call.
Have they not broke and data protection rules by disclosing the amounts and my debts with my partner. I wasn’t at the address and they could have rang me. I have also had no correspondence from Marston since the middle of May and then they just turn up. Do they not have to provide notice?
Sara (Debt Camel) says
Go through all this with National Debtline – it does seem like poor behaviour by bailiffs
Rainy Dace says
I’ve been in breathing space for 2 weeks but the bailiff and company they work for continue to send text messages and attempt visits to my house. Is this right?
Sara (Debt Camel) says
National Debtline says (see https://www.nationaldebtline.org/fact-sheet-library/breathing-space-ew/):
“If a bailiff takes any action whilst you are in breathing space, show them your breathing space confirmation and contact your debt adviser for advice.”
I suggest you do that.
Damo says
1} Can a bailiff turn up unexpectedly and pretend to be someone else, to gain entry into your house? Like a plumber checking the boiler for example, then you’ve unknowingly let them in?
2} Can a bailiff take my parents possessions? If it’s my debt? I don’t want my dads cars etc to be taken, when the debts not his.
3} if I’ve set up payment plans with debt collectors, which have all been accepted, I pay them in the 11th of every month, chances are they will be happy as long as you keep paying? I have a real fear of bailiffs. A couple aren’t in plans yet (3 debts) but the creditors aren’t playing along, I personally think I’m going to have to take the default, because debt collectors are better to deal with.
Sara (Debt Camel) says
1) no. Doesn’t happen.
2) no.
3) get a DMP then all creditors will play along.
A DMP is no worse for your credit record than payment arrangements and it is much better for your mental health which I am very worried about because of your other messages. You don’t have to talk to creditors any more and you only make 1 payment a month.
Please phone StepChange on 0300 303 5300 (it’s a free call). They are very nice. Tell them about your mental health. There is no pressure, the decision is totally up to you.
A big plus about a DMP is that it is easily flexible. If you earn more then you can increase the payments and it ends much sooner. If you then need to move out so your costs go up, the DMP payments can be reduced.
Damien says
To be honest, I hope I’m worrying about nothing. Pretty much everything is in a payment plan, except the ones that haven’t defaulted yet. I’ve made a few calls and they’ve said as long as you pay the payment plans on time, there’s nothing to worry about. I think this fear of ccjs and bailiffs is a bit stupid, but due to the mental health struggles previously mentioned, I do worry.
I live with my parents in their council house, I’ve been here all my life. My debt couldn’t get them evicted or anything like that? My debt is my debt and they’ll have no repercussions from it? That’s my last question. I am seeking help for my health whilst juggling all of this, but I am just googling the same stuff all day long. Im not eating, sleeping or anything from worry
Sara (Debt Camel) says
Your debts cannot affect your parents credit records, tenancy, car, possessions or anything else.
Debts in payment plans may well be sold to debt collectors – this is nothing to worry about. Often debt collector firms are nicer to deal with than the original creditor. They are not likely to take you to court if you carry on paying them in payment arrangements or a DMP. And bailiffs are impossible unless the creditor has got a CCJ in court.
There are 2 very good reasons to talk to StepChange now.
1) a DMP will include the creditors who are currently being difficult. This will remove worry and mean you clear all the debts faster
2) in a DMP you don’t have to deal with your creditors. A huge plus! It’s easy to change a DMP to pay more if things get better or less if they get worse without having to call them all.
Damien says
Appreciate all the help you’ve given me. I think I’m just going to try and relax this weekend, then crack on with all the advice you’ve given me on Monday.
T says
Hi
Please could you offer some advice, i recently received contact from a company called resolve call in relation to an old debt and state they are now acting on behalf of the client.
Start Date: 1st November 2007
Default Date: 28th February 2009
Last Payment Date: 20th December 2011 for £69.08
Given that no payment has been made since 2011 is this still enforceable?
I asked them to provide information about the debt, which they did, as above and they have put the account on hold until January.
Any advice on the best way to proceed would be much appreciated.
Sara (Debt Camel) says
These are not bailiffs, they are debt collectors.
I suggest you talk to National Debtline on 0808 808 4000 about whether this debt may be statute barred – if it is, ND have a template letter you can send to the debt collector.
T says
Thank you, what makes a debt statute barred?
Sara (Debt Camel) says
See https://debtcamel.co.uk/statute-barred-debt/
Thf says
Bailiff came today for unpaid parking ticket. Arrangement in place £50 per month. Paid the £50. Bailiff said date should be 25th and I arranged for 29th. I am vulnerable and single parent. Bailiff today threatened to clamp car, car is on hp only purchased few months ago. Was he lying to intimidate me?
Worried – moved car in case comes back tomorrow
Sara (Debt Camel) says
Bailiffs have ben known to lie… but I think you should talk this through with National Debtline on 0808 808 4000. If you cant get trhough on the phone, their webschat facilty is really good, staffed by proper debt advisers not a useless bot: https://www.nationaldebtline.org/
Amy Thomas says
Can you help? I have had letters from bailiff company about unpaid council tax. I had been paying £150 per month but buried my head in the sand this month and didn’t pay because I didn’t have the funds, due to needing work on my car to allow me to do my job. I have come home today and they have visited, posting a letter through the door. I have no money until two weeks time and I’m terrified about what will happen. I have tried to ring them but not in the office this late. What do I need to do?
Sara (Debt Camel) says
Do you have other debts as well? Arrears on bills or loans/credit cards/catalogues?
Do you own the car or is it on finance?