Preventing Bailiff Action: Tips and Guidelines

If you owe a debt to the council or utilities and fall behind on your payments, a bailiff or enforcement agent may be authorised to visit your residence and collect the outstanding amount. Many individuals may be uncertain about the extent of the bailiff’s authority, making services such as Stopping the Bailiff invaluable. With dependable and credible guidance on bailiff-related matters, Stopping the Bailiff can assist households in managing their council tax and bailiff-related problems. What are the restrictions on these agents, and what actions are they permitted or prohibited from taking? This article will provide tips and guidelines for avoiding bailiff action.

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Should I let a Bailiff/Enforcement Agent In?

It’s not always advisable to let a bailiff into your home when they pay you a visit. The notion that bailiffs and enforcement agents have unrestricted authority, and that you must obey their every command, has been fueled by hearsay and anxiety. However, with the proper bailiff advice, everyone can be better informed about the regulations that govern bailiff powers. For instance, bailiffs are not permitted to forcibly enter your property and require your permission to do so. But once you grant them access, they may begin seizing your belongings to compensate for the outstanding debt.

If a Bailiff/Enforcement Agent has gained entry to your home, what should you do?

Granting a bailiff peaceful entry into your home once allows them to return and re-enter, so it’s crucial to make a thoughtful decision before doing so. If you don’t want an enforcement agent to enter, you should keep this in mind before opening the door to them. Nevertheless, bailiffs can still seize items from outside your property, such as your vehicle.

If a Bailiff/Enforcement Agent contacts you, what should you do?

You don’t have to open the door to a bailiff. You can communicate with them through a chained door, a window, or the letterbox. While this may seem excessive, it’s crucial to prioritise your safety, as much of our bailiff advice suggests. Seeking advice on any uncertain matters related to bailiffs is vital, as it will give you a better understanding of the rules and limitations, allowing you to make informed decisions.

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Under what circumstances can a Bailiff/Enforcement Agent use force to gain entry?

Technically, bailiffs are not permitted to use force to enter your property. However, there are certain situations in which the “reasonable force” rule comes into play. This includes cases where they have obtained a court order or when you have previously granted them peaceful entry. Nonetheless, this does not permit them to take extreme measures, such as pushing past you or breaking a window.

The difference between Bailiff’s and Enforcement Agents

There is often confusion between bailiffs and enforcement agents, but they are essentially the same. In a recent review of bailiff regulations, they were renamed “enforcement agents” and subjected to a simplified set of rules. The changes not only encompass what they can or cannot do when visiting your property but also include new fees that may be applied at different stages of the process.

Levy Charges

In the past, bailiffs could impose a “levy charge” and a “walking possession agreement” when they seized items from your property. The latter must be signed by you before they can hire a van to take the belongings and charge you for it. Many found the old bailiff fees structure confusing, and sought bailiff advice from Council Tax Advisors to clarify the charges.

However, the introduction of new rules has made the fee structure more straightforward. The new fees are as follows:

COMPLIANCE FEE

A charge of £75 is levied when your case is transferred from the local authority to the bailiff or enforcement agent.

ENFORCEMENT FEE

A fee of £235 is charged when bailiffs make their first visit to your premises, with an additional 7.5% of debts over £1,500 included.

SALE FEE

A fee of £110 is charged when bailiffs start removing or preparing items for sale, with an additional 7.5% of debts over £1,500 applied.

Apart from the new fees, changes have been made to stricter rules on when bailiffs can visit homes – between 6am and 9pm and not when only children or vulnerable adults are present – and that all enforcement agents must undergo mandatory training. One of the most significant changes is the requirement to give seven days’ notice before a bailiff visit, which has reduced anxiety and stress for families struggling with debt. If you receive a notification of a bailiff visit, contact Council Tax Advisors, and we can assist you in devising an affordable repayment plan.

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