Although debt collectors should not threaten the use of bailiffs without justification, many state the various outcomes for people who choose not to pay their debts and doorstep collections are often mentioned as an option at this stage.
Debtors can avoid further action by negotiating terms with debt collectors, many of whom would be willing to accept extended or reduced payment terms.
Unfortunately, if the situation is not resolved early, bailiffs may be instructed to collect payment.
Who are bailiffs? Bailiffs are people who are appointed to collect unpaid debts.
They are not government agents or police officers, but as noted below, some are given limited powers of arrest in exceptional circumstances.
Often working in teams, bailiffs are hired to locate debtors and secure payment of debts or fines.
Debt collection agencies often instruct bailiffs to visit debtors who have ignored repeat requests to settle their accounts.
In some cases, bailiffs are appointed by the court to collect County Court Judgements (CCJs), income tax arrears, child support and other fines, penalties or missed payments.
The distinction between court-appointed bailiffs and those who have been hired by a creditor or debt collection agency, can be very important.
Can bailiffs enter a debtor's property? You do not need to let a bailiff into your property and they cannot aggressively enter your home.
However, a bailiff can enter your property if they have done so by peaceful means.
Peaceful entry describes any kind of access that does not use force; for example, bailiffs can legally access a property through an unlocked door or open window (even if unlocked, the window must be at least slightly ajar before a bailiff is allowed to gain peaceful entry).
Once a bailiff has entered a property, he is legally entitled to gain access again at another time, provided that it is for the purpose of obtaining seized property using force (on the property, not its occupants).
The best policy for dealing with bailiffs is to never let them enter a property.
Remember, once a bailiff has gained peaceful entry, he will be able to return using more forceful means.
Occupants should therefore avoid all attempts made by bailiffs to gain peaceful entry; common techniques employed by bailiffs include claiming they have a right to enter, insisting that they only want to talk and asking to use the toilet.
If a child opens the door to a bailiff, peaceful entry is deemed not to have occurred and a complaint should be lodged with the bailiff's employer, local authority, debt collection agency, creditor or Parliamentary and Health Service Ombudsman.
Refusing entry to a bailiff is permissible in many cases, but refusal or resistance should not in itself be illegal; for instance, a person cannot legally use unreasonable physical force to prevent bailiffs from entering a property.
Bailiffs are legally entitled to forcibly enter a property if they have been appointed by a court to collect income tax arrears, criminal fines or VAT, or if they have been given special permission by the court.
In the majority of cases, bailiffs must make a genuine attempt to gain peaceful entry to a property before they are permitted to use force, which must at all times be reasonable; smashing windows and breaking down doors, for example, may be considered unreasonable in the circumstances.
Once inside a property, however, bailiffs are allowed to exercise force to open locked cupboards, doors and drawers.
No bailiff is allowed to conduct a physical search of a person; any attempt to do so may constitute assault.
Property seized using unfair tactics can be returned by obtaining an order of replevin from the court.
When can bailiffs visit a property? Bailiffs can turn up at any time, but industry guidelines impose restrictions on most firms.
Unless otherwise instructed by the court, bailiffs should not visit a property between 21:00 and 06:00.
They should also avoid turning up on Sundays, Bank Holidays and Christmas.
What can bailiffs take? Bailiffs can take all kinds of items from a home, including cars registered in the debtor's name.
Vehicles that are subject to hire-purchase agreements should not be taken by bailiffs.
Once peaceful entry to a property has been gained, bailiffs will take whatever goods they think will sell at auction to clear the outstanding debt.
What to do If bailiffs are called in, debtors must take action by arranging a repayment schedule with their creditors.
Third-party companies can assist with debt management plans, though this may increase the overall size of the debt.
In all cases, debtors should discuss their financial circumstances openly and honestly with debt collectors.
If bailiffs do turn up, they should be kept outside and politely reminded of their responsibilities.
If you are struggling with debts, including those passed on to debt collection agencies, it's important to know that you can get help and set up an affordable repayment plan.