Immediate Steps When Bailiffs Visit
Remember
On their first visit, bailiffs usually CANNOT force entry. They need peaceful entry, which means you letting them in or them entering through an unlocked door.
1. Don't Open the Door
You are not legally required to open your door to bailiffs. Speak through the letterbox or a window. If you open the door, they may try to push past you (though this is illegal).
2. Check Their Identity
Ask to see:
- Their enforcement agent certificate
- Identity badge with photograph
- Which court or creditor sent them
- The debt amount and reference number
3. Check the Paperwork
Bailiffs must give you:
- Notice of Enforcement (should arrive 7 days before visit)
- Details of the debt and fees
- Information about your rights
4. Offer to Pay What You Can
If you can afford something, offer a payment plan through the letterbox. Get any agreement in writing before making payment. Even £10 per week shows willingness to pay.
5. Get Emergency Advice
Free helplines open now:
- National Debtline: 0808 808 4000
- StepChange: 0800 138 1111
- Citizens Advice: 0808 223 1133
Your Legal Rights with Bailiffs
You have important legal protections when dealing with bailiffs. These rights are enshrined in law and bailiffs who breach them can face serious consequences.
Fundamental Rights
- Right to refuse entry: You don't have to let bailiffs in on their first visit
- Right to peaceful enjoyment: Bailiffs cannot use force against you
- Right to essential items: Certain goods cannot be taken
- Right to complain: You can report aggressive or illegal behaviour
- Right to record: You can film or record bailiff visits
Time Restrictions
Bailiffs can only visit:
- Between 6am and 9pm
- Not on Sundays or bank holidays (unless special permission)
- Not more than reasonably necessary
Protected Groups
Bailiffs must treat these groups with extra care:
- Disabled people
- Seriously ill individuals
- Elderly people
- Pregnant women
- Single parents with young children
- Recently bereaved individuals
- Those without mental capacity
What Bailiffs Can and Cannot Do
⚠️ Bailiffs CAN:
- Visit your home or business
- Enter through unlocked doors
- Enter through open windows
- Walk through unlocked gates
- List goods through windows
- Take goods outside your home
- Clamp or remove vehicles
- Return if you've let them in before
- Use locksmiths on return visits
- Take photographs of goods
🛡️ Bailiffs CANNOT:
- Force entry on first visit (usually)
- Push past you
- Break down doors
- Climb through windows
- Enter with only children present
- Take essential items
- Take children's belongings
- Take pets
- Take tools for work (up to £1,350)
- Use threatening behaviour
- Mislead about their powers
Essential Items Bailiffs Cannot Take
The law protects these items:
- Clothing, bedding, and furniture for basic domestic needs
- Household equipment for preparing and eating food
- Medical equipment and medications
- Items needed for care of children or elderly
- Tools, books, vehicles for work (up to £1,350 total)
- Items belonging to other people
- Items on finance or hire purchase
- Perishable goods
Types of Bailiffs and Their Powers
Different types of bailiffs have different powers. Knowing which type you're dealing with is crucial.
County Court Bailiffs
- Collect County Court Judgments (CCJs)
- Cannot force entry to homes (can to business premises)
- Lower fee structure
- Usually more willing to negotiate
High Court Enforcement Officers (HCEOs)
- Collect High Court writs over £600
- Can force entry to business premises
- Cannot usually force entry to homes
- Higher fees (£190 + £495)
- Often more aggressive in approach
Certificated Enforcement Agents
- Collect council tax, parking fines, business rates
- Cannot force entry on first visit
- Regulated fee structure
- Must follow Taking Control of Goods Regulations
Special Powers Bailiffs
These can force entry even on first visit (but rarely do):
- Collecting unpaid criminal fines
- HMRC collecting tax debts
- Collecting unpaid child maintenance (last resort)
Important
Even bailiffs with forcing entry powers usually try peaceful entry first. Forced entry is expensive and confrontational, so it's a last resort.
How to Stop Bailiff Action
You can stop bailiff visits in several ways, depending on your situation and the type of debt.
1. Pay in Full
If possible, pay the full amount including fees. Get a receipt and confirmation that enforcement has stopped.
2. Negotiate a Payment Plan
Offer what you can realistically afford:
- Be honest about your income and expenses
- Offer a realistic amount you can maintain
- Get any agreement in writing
- Set up standing order to show commitment
3. Apply to Court
You can apply to court to:
- Suspend the warrant: Form N244 (£14 fee)
- Vary payment terms: If circumstances changed
- Set aside judgment: If you didn't know about the court case
4. Breathing Space
Get 60 days protection from enforcement:
- Stops most enforcement action
- Freezes interest and charges
- Access through debt advice agency
- Available once per year
- Mental health crisis breathing space lasts longer
5. Formal Debt Solutions
These stop most bailiff action:
- IVA: Immediate protection from bailiffs
- Debt Relief Order: Stops enforcement for qualifying debts
- Bankruptcy: Halts most enforcement action
- Debt Management Plan: May pause action if creditors agree
Act Quickly
The sooner you take action, the more options you have. Once bailiffs have gained peaceful entry, they have more powers and stopping them becomes harder.
Extra Protection If You're Vulnerable
Bailiffs must follow special procedures when dealing with vulnerable people. If any of these apply, inform the bailiffs immediately.
Who Is Considered Vulnerable?
- People with mental health problems
- Those with physical disabilities
- Seriously or terminally ill individuals
- Recently bereaved (especially loss of partner)
- Single parents with young children
- Pregnant women
- People over 65
- Those who don't speak English well
- People experiencing domestic violence
What Extra Protection Do You Get?
- Bailiffs should identify vulnerability and report back
- Enforcement action may be suspended
- Extra time may be given to seek advice
- Different approach required (more sensitive)
- May need to withdraw if causing severe distress
How to Notify Them
- Tell the bailiff through the door about vulnerability
- Get medical evidence if possible (letter from GP)
- Contact the bailiff company in writing
- Inform the original creditor
- Ask debt advisor to advocate for you
Mental Health Crisis
If you're in mental health crisis, you can access Mental Health Crisis Breathing Space through an Approved Mental Health Professional. This provides stronger protection than standard breathing space.
How to Complain About Bailiffs
If bailiffs break the rules, you can and should complain. This could reduce fees, stop action, or lead to compensation.
Common Grounds for Complaint
- Forcing entry illegally
- Aggressive or threatening behaviour
- Taking exempt goods
- Overcharging fees
- Visiting outside permitted hours
- Misleading about powers
- Not considering vulnerability
- Taking items belonging to others
How to Complain
- Complain to the bailiff firm: Write immediately with details
- Contact the creditor: They hired the bailiffs and can call them off
- Court complaint: Form EX322 for certificated bailiffs
- Trade associations: CIVEA or HCEOA for members
- Local council: For council tax bailiffs
- Police: If criminal behaviour (assault, criminal damage)
- Ombudsman: If other complaints fail
Evidence to Gather
- Video or audio recordings
- Photographs of damage
- Witness statements
- Medical evidence of distress
- Copies of all paperwork
- Timeline of events
Emergency FAQs
Can bailiffs force entry to my home?
Most bailiffs cannot force entry on their first visit. They can only enter peacefully through an unlocked door. Exceptions include High Court Enforcement Officers collecting criminal fines, unpaid magistrates court fines, or HMRC debts - these can force entry but rarely do on first visits.
What time can bailiffs visit?
Bailiffs can only visit between 6am and 9pm unless they have special court permission. They cannot visit on Sundays or bank holidays unless collecting urgent debts. If they arrive outside these hours, you don't have to let them in.
Can bailiffs take my children's belongings?
No, bailiffs cannot take belongings that obviously belong to children, or items belonging to other people. They can only take goods owned by the debtor. Keep receipts proving ownership if items might be disputed.
What can I do if bailiffs are at my door right now?
Don't let them in - you don't have to. Speak through the door or letterbox. Ask for identification and what debt they're collecting. Call National Debtline (0808 808 4000) immediately for free advice. Don't sign anything without advice.
Can bailiffs take my car if it's on finance?
No, bailiffs cannot take a car on hire purchase or finance as you don't own it until fully paid. Show them the finance agreement as proof. They also cannot take vehicles worth under £1,350 or those needed for work.
How much can bailiffs charge in fees?
Bailiff fees are regulated: £75 for the compliance stage (letter), £235 for enforcement stage (visit), plus 7.5% of debts over £1,500. High Court enforcement fees are higher: £190 + £495. You can complain if overcharged.