Complaints on Bailiffs Gaining Illegal Entry to Homes

The National Debt line is giving warnings of bailiffs illegally entering houses to confiscate people’s possessions. Reports show that 40% of bailiffs are harassing and intimidating those who are not fully aware of the laws on allowing them access into their homes. Police are standing by and watching unable to stop because many do not fully understand the law themselves.

New legislations passed by the government last year are still to be implemented which will clarify the rules. Current policies are a jumble of legislation written in obscure language making it difficult for most people to fully understand it.

The Joint Committee on Human Rights said a "clear regulatory framework" was needed to protect the human rights of debtors.

With rising debt and people either refusing or not able to pay their bills, the charity accepts a system certainly does need to be in place but they are now receiving complaints on a daily basis reference the bailiffs and the way they are treating people in their own homes.

The Citizens Advice service research figures of 500 cases for last March showed that almost two-thirds of bailiffs were found to be guilty of harassment or intimidation. Many of the bailiffs had gained entry by misleading people on the powers of entry law.

Bullied by Baliffs

Stories and complaints of people being ‘bullied’ by bailiffs with aggressive tactics used by debt recovery offers are growing. If you or somebody you know may be in the unlucky stage of expecting the bailiffs to call, it may help somewhat to look up the law and understand what rights you have.

The first thing to do is contact the company or court to explain why you are having problems with paying the fine. If they do not hear anything from you or not know your situation, they will just assume the worst that you have no intention of paying.

If your debt has been passed to a debt collector a court may issues a warrant authorising the debt agency’s bailiffs to try and recover the debt from you.

Below are a few guidelines that all bailiffs by law must adhere to:

Enforcement agents should always carry out their duties in a professional, calm and dignified manner. Dress appropriately and act with discretion and fairness.
Produce identification and always show authorisation on request.
Provide and state clearly all information on the charges.
Supply translation services if needed as well as information in large print, Braille etc.
Must not misuse or misrepresent their powers or discriminate on grounds of gender, age, race or religion.
If the only people in the house are children the agent is not allowed to proceed.
If trouble breaks out and the police are called to deal with a breach of the peace, the bailiffs must explain their presence.

Paying a Bailiff

Bailiffs will arrive at your home to recover money that you owe to their clients and they will ask for a secure method of payment. You can pay by cash, debit or credit card but take note that if you use a card, you will be charged a handling fee.

You will be charged a fee by either the agency or the court for bailiffs that are sent out to your home.

When Can They Call

Bailiffs that are collected rent are only allowed to call between sunrise and sunset. For all other debts that are due, the bailiffs can call at your home at any time of the day or night. Most though should and will call during normal working hours of between 8.00am to 8.00pm.

Visits should not take place on Sundays, Bank Holidays, Good Friday or Christmas Day, unless legislation or a Court permits this. Respect for other religions and cultures should be upheld, and visits avoided on appropriate festivals and holidays.

Inland Revenue Bailiff

The only exception of a forceful entry into your home can be by a bailiff from the Collector of Taxes (Inland Revenue) that has a warrant to force entry – although this is very rare indeed.

Other bailiffs can not come into your home by breaking windows or doors, but they can enter through an open door or window as well as climb over fences and gates without damaging them.

You have the right to refuse entry to your house even if you open the door to speak to them! If all your doors and windows are securely closed they will only be allowed entry if you invite them in. Some will try and use tactics to gain entry by asking if they can use your telephone or toilet, or simply ask if you would prefer to talk indoors out of the prying eyes of neighbours this is one of many ways they will try and get you to invite them inside.

If the bailiff is accompanied by the police, this does not mean you have to let them in – the police are only there to prevent a breach of the peace and they will not arrest you if you refuse entry to the bailiffs.

Once the Bailiff is in your Home

Once they are in your house by peaceful entry, they will seize any goods of value that will go towards paying your debt. They have the right to go into all the rooms and break open any locked cupboards or doors.

They then have the right to call again and enter even without your permission.

Any attempt to remove a bailiff from your property once they have gained peaceful entry is assault and you could be taken to court for it.

Bailiffs are NOT allowed to seize:

Equipment deemed necessary for use by you that relates to your employment or business, i.e. vehicles, tools, computer.
Bedding, clothing, and household equipment that is necessary for basic domestic needs of you and your family. These would include such items as fridge, cooker and freezer.
Goods that do not belong to the person owing the debt.
Goods that are clearly those of a child.

They could however seize TV’s, jewelry, washing machines, video recorders, stereos or microwaves.

If you Need to Complain about a Bailiff

Depending on the type of complaint you want to make, you can complain to the person who instructed the bailiff, for example a local authority, the county court (if the bailiff is certificated or a county court bailiff) or a trade association.
Most private bailiffs will also belong to a trade association, all of whom have complaints and grievance procedures you can use. The main trade associations are the Certificated Bailiffs Association (CBA) and the Association of Civil Enforcement Agencies (ACEA).

Always keep copies of letters and evidence you send and have any receipts and hire purchase agreements of all goods.