FAQs about bailiffs

These are some of the most common questions we are asked about bailiffs:

A bailiff can visit between 6am and 9pm.

They can only visit outside these times if:

  • They get a warrant from a court allowing this
  • They are coming to a business which is only open outside these hours

They can visit any day of the week but they should avoid religious or cultural festivals unless it is absolutely necessary.

+ What should I do about a bailiff visit?

If you are expecting a bailiff visit do not let them into your property and contact Bailiff Expert.

Now that the rules have changed, you need to know that:

  • A bailiff does not need to enter the property to take control of goods
  • They could list goods they can see through a window
  • You may want to close any curtains and blinds before they visit
  • You could move any high-value goods to a place where they cannot be seen

In most cases a bailiff can only:

  • Enter your house peaceably
  • Through a front or back door

Unless they have a specific warrant, they are not allowed to:

  • Break down doors
  • Use a locksmith

They also cannot:

  • Climb through a window
  • Push past you or put their foot in the door to stop you closing it

Enter the property when there is only a child aged under 16 at home

Bailiffs are always on the lookout for cars and other vehicles. They are likely the most valuable asset, can be moved easily, and a buyer is never far away. Because of this, bailiffs will make a special effort to seize a vehicle.

There are exceptions that prevent bailiffs from seizing your car, as we detail below:

  • They cannot seize car that is used by someone who is disabled. This is usually proven by a blue badge.
  • They cannot seize a car or other vehicle that is clearly used as the main home. This usually extends to caravans or other mobile homes.
  • A vehicle that was bought using a logbook loan, without the loan being paid off.
  • A vehicle required for your work, provided it is valued at less than £1,350. More, and it can be taken as payment.

One partial exception is for vehicles bought on a hire purchase. As the vehicle isn’t owned directly by you, some bailiffs will leave it be. Others, however, will attempt to seize it anyway. It’s best to play safe, however, and keep the vehicle out of sight.

Bailiffs can only take goods if they are allowed to enter your premises peacefully. Our first advice is not to let them in, but even if you do they cannot take protected items such as:

  • Clothing, bedding, your fridge, cooker or any other houshold good which is needed for you and your family’s basic needs.
  • No tools of trade, vehicles or items which you need to carry on working.
  • Anything that is attached to a wall.
  • Children’s clothes and playthings. Please note, bailiffs can remove children’s bikes.

You arewithin your rights to make complaints about bailiffs if they have not acted in a professional manner and certainly if they have broken the law. Your first port of call is to speak to the creditor who instructed the bailiff. This is most likely to be your local authority or the County Court.

It’s possible the bailiff has been employed by a private company. In this case, you should send you complaint to that company. Bailiffs usually belong to a trade association, and these have set complaints procedures that you can follow.

You can also try the Civil Enforcement Association who are  the principal trade association that represent civil enforcement agencies:

Civil Enforcement Association (CIVEA), 513 Bradford Road, Batley, West Yorkshire, WF17 8LL.

Website: www.civea.co.uk