How to deal with bailiffs

Bailiffs and debt collectors are NOT the same

In England and Wales, it's a bailiff’s job to collect debt. They're officially called 'enforcement agents', but as they're more commonly known as bailiffs, that's how we'll refer to them here.

If you're being chased for debt, the first thing you'll need to know is that bailiffs and debt collectors have different powers legally, so it's important to establish who you're dealing with.

The main difference is that a bailiff is allowed to come into your home to collect debt, and can take your belongings away. A debt collector isn't allowed to do this.

Bailiffs usually collect 'priority' debts, such as:

• Council Tax arrears

• Criminal fines

• Parking fines

• Child maintenance arrears

• Money owed to HMRC, such as underpaid income tax, or tax credit overpayments.

Debt collectors usually collect 'commercial' debts, such as:

• Unpaid loans

• Credit card debt

• Overdraft debt

• Utility bill arrears

You're within your rights to send a debt collector away if they turn up on your doorstep, but this doesn't mean you should ignore the debt – do this and the problem will only get worse.

If you're unsure what to do about a debt collector, including if you feel harassed, contact Citizens Advice.

When can a bailiff be sent to your home?

A bailiff can usually only come to your home after court action has been taken.

You should get a letter before a bailiff comes to your house, called a 'notice of enforcement'. A 'notice of enforcement' will tell you that a bailiff is going to visit and what for. If you don't have a letterbox, you might find it attached to your front door.

The main exception is for debts owed to HMRC (things like unpaid income tax, or capital gains tax). HMRC can ask bailiffs to visit you WITHOUT taking you to court first.

Bailiffs won't be sent to recover mortgage debts because mortgage providers can ultimately recover these by taking possession of your home through the courts. This process takes time though, so it's always better to speak to your mortgage provider as soon as possible if you're worried about paying your mortgage – or take a look at our guide if you're already in mortgage arrears or facing repossession.

Live in Scotland or Northern Ireland?

If you need support dealing with sheriff officers in Scotland, we'd recommend talking to StepChange Scotland. If you live in Northern Ireland, are struggling with debt, and are worried about legal action, get in touch with Advice NI.

Got a bailiff letter? Step-by-step help

If you've received a 'notice of enforcement' from a bailiff, DON'T ignore it.

Bailiffs have to wait fourteen full days before they can visit you. This doesn't include the day you get the notice, the day of the visit, Sundays or bank holidays. So, if you get the notice on a Monday, the bailiff can't visit you until the Wednesday two weeks later.

This means you still have time to take action. These are the things you should do right now:

Step 1. Check the letter's from a registered bailiff

If the letter says it's from a bailiff, you can check it's legitimate by:

• Searching for the company's name on the Bailiffs Register, if they say they're a 'certificated enforcement agent'.

• Or contacting the court that sent them, if they say they're an enforcement officer from a county court or family court, or a 'civilian enforcement officer'. You can find contact information for courts in England and Wales on Gov.uk.

If you're unsure whether the letter's legitimate, an advisor at Citizens Advice can help.

If the letter has come from a debt collector, remember they're not allowed to come to your home, even if the letter sounds threatening (but that doesn't mean you can ignore the debt).

Step 2. Make sure the letter's valid

Even if the letter comes from a legitimate bailiff, for the notice to be valid it has to include:

• Your name and address

• The amount you owe

• The date the bailiff is going to come round.

If there's something wrong, such as: a spelling mistake in your name, the amount owed doesn't look right, or the sender is threatening to come to your house in less than seven days' time, the notice may not be valid.

What if the notice is wrong or the debt isn't yours?

If you don't owe the debt, get in touch with the bailiff company as soon as possible with evidence showing you don't owe anything. This could be proof that you're not the person they're trying to get in touch with or evidence that you’ve already paid the amount owed.

Useful evidence to have to hand includes: council tax bills, receipts or bank statements – anything that shows your identity and any payments you’ve made.

If you can prove you don't owe the debt, bailiffs aren't allowed to come to your home. If a bailiff continues to contact you after you’ve sent proof that you don't owe anything, you can complain.

Step 3. Try to arrange payment

If the notice is valid and you do owe the debt, it's best to call the bailiffs straight away and arrange payment of the amount you owe. You should be able to find the bailiff's contact details on any letters they've sent about the debt, including the notice letting you know they're going to visit.

Settling your debt will not only stop bailiffs from coming over to your house, it'll also mean you don't have to pay the extra fees that come with the visit. Once you've settled up, ask for a receipt so you have a record of the payment.

If you CAN'T pay in full right away:

Contact the bailiffs straight away and suggest a repayment plan, either:

• Making a lump-sum payment and requesting more time to clear the rest of the debt

• Setting up small regular payments

One way to encourage bailiffs to agree to your suggestion is to send them a budget (see how to make a budget), demonstrating how much you can afford, along with a short letter explaining how you've done the sums. It can also be effective to send a copy to the person you owe the money to.

If the bailiffs agree to your offer, ask them to send you a copy of the signed written agreement. This should lay out your agreed payment plan. They may also ask you to sign a copy of the agreement too. Once this agreement is in place, try and stick to it. If you don't, bailiffs are allowed to come back to your home.

Repayment plan refused? You should still try to pay.

Making attempts to pay your debt (even if they're turned down) can make it easier to negotiate with the bailiffs (and the person you owe money to) because it shows you're willing to repay what you owe, even if you can't pay it all straight away. And, if there ends up being further court action, it shows the judge that you made an effort to work with the bailiffs.

In practice, this can be tricky to do. Citizen's Advice suggest making payments using any payment details provided in previous letters. If you haven't got your creditor's payment details you could write to them to try and get your offer accepted.

How to prepare for a bailiff visit

If all the steps above have failed, you can expect a bailiff to come to your home around 14 days after your notice of enforcement.

On the day, you can prepare by:

• Locking all windows and doors

• Moving valuables (cars, bikes) inside a garage or away from the home

• Telling others in the household what’s happening

You don’t have to let a bailiff in – they’re only allowed to enter by ‘normal’ means such as an open door or if they’re invited in. Bailiffs can't climb through a window or break a lock unless they have specific court permission. This means you can refuse entry if you choose. Talk to them through a closed door or window, or over the phone.

When a bailiff arrives, do this:

• Ask for ID – they must show a badge, ID card or ‘enforcement agent certificate’.

• Check they’re registered – use their ID to confirm they’re legitimate. If they can’t prove who they are and refuse to leave, call 999.

Even if their documents are correct and the debt is yours, you’re still allowed to tell the bailiff to leave. Simply say you’ll speak to their head office to arrange payment. They might claim you have to pay immediately, but you don’t.

A bailiff will leave if you refuse entry – but they will come back if you don’t follow up to set a repayment plan.

Bailiffs have to follow certain rules when they visit

Although it can feel very one-sided when a bailiff comes, they must follow a set of rules:

• Only visit between 6am and 9pm, and never on Sundays or public holidays. They should give notice unless they’re removing someone from harm or collecting a debt for HMRC.

• Only force entry in limited circumstances – such as unpaid magistrates’ court fines, tax debts for HMRC, or if you’ve broken a ‘controlled goods agreement’. Even then, they shouldn’t just break down your door; they should use a locksmith.

• Not lie about what they can do – for example, they can’t threaten to break down your door or enter via a window.

• Not use abusive language or be physically aggressive. If you’re physically threatened or feel unsafe, call 999.

• Not discriminate on the basis of sex, race, religion, gender, age or disability.

• Not enter your home if only vulnerable people are inside – this includes children under 16, those over 65, people with disabilities or mental health issues that make it hard to deal with a bailiff, or where there’s a significant language barrier.

If a bailiff breaks these rules, you can raise a complaint. Complaining won’t make your debt go away, but it can buy extra time to repay, help you get belongings back, or stop further visits.

If you're not able to pay, a bailiff will try and make a 'controlled goods agreement'

If you let a bailiff into your home but can’t pay what you owe straight away, you’ll usually have to make a ‘controlled goods agreement’. This is a list of things in your home that can be sold if you don’t stick to the repayment plan.

If you miss a payment, the bailiff can take those listed items and sell them to clear your debt (and their fees too).

A controlled goods agreement has two parts:

• A repayment plan for your debt

• An ‘inventory’ – a list of items the bailiff can take if you don’t stick to the plan

You’ll be asked to sign the agreement, but before you do, check that you can afford the plan and the details are right. Don’t be pressured into signing without running through this checklist:

• The inventory is correct and specific. It shouldn’t include essential items or belongings that aren’t yours. If the bailiff refuses to remove these, ask them to note your request and the reason. This helps if you need to reclaim later.

• The repayment plan is realistic. Use your budget to show what you can actually afford.

• The details are right. Double-check the debt amount and any fees added.

If anything seems wrong, you can refuse to sign – but beware: not signing won’t stop a bailiff from taking goods, so it’s usually better to try and reach an agreement than outright refuse. If everything looks correct, get a copy of both the agreement and the inventory so you have proof later.

Important: Once items are on a controlled goods agreement, they’re officially ‘seized’. The bailiff company technically owns them until your debt is paid off. It’s illegal to sell or hide them.

If you don't stick to your controlled goods agreement the bailiff will come back

If you think you’re going to miss a payment, contact the bailiffs BEFORE it happens. Explain why you’ll miss the payment and provide evidence. If you’ve got a valid reason, you may be able to change the amount or frequency of your payments.

If you do miss a payment, you’ll be sent a ‘notice of intention to re-enter’, giving you two days’ notice that the bailiff is coming back. This time, they’re allowed to use a locksmith to enter your home and take the items listed in your controlled goods agreement.

To stop this, contact your creditor straight away. You may still be able to renegotiate the agreement and prevent the bailiff from visiting again.

Bailiffs CAN take your things – but there are rules they have to follow

Bailiffs can only take items from your home that are on your controlled goods agreement, and only if you haven’t stuck to the repayment plan – even if you refused to sign it.

They’re only supposed to take ‘luxury’ items, such as televisions, cars, designer clothing, jewellery, antiques or games consoles.

Bailiffs are NOT allowed to take:

• Essentials – such as your clothes, fridge, beds, a mobile phone or anything needed for health

• Tools and equipment you need for work (including computers), as long as they’re worth under £1,350

• Someone else’s belongings – such as your partner’s computer. However, you’ll need to prove it’s not (or not partly) yours

• Anything belonging to a child – such as toys

• Pets

What happens if I have nothing for the bailiffs to take?

If a bailiff decides you don’t have anything of value, they’ll return your debt to the creditor.

This means the bailiff will stop visiting, and it’s then up to the person you owe to decide what happens next. This could include further court action or an attempt to make you bankrupt.

How can I prove something doesn't belong to me?

It can be tricky to prove an item isn’t yours, even if it’s on finance and not fully paid off. Usually, you’ll need evidence such as bank statements, receipts, or rental or hire-purchase agreements.

If you can’t prove it’s not yours, ask the bailiff to note on the inventory that you’ve said it doesn’t belong to you. This can help later if the real owner wants to reclaim it.

To get their belongings back, the actual owner must complain to the bailiff company as soon as the item is taken away. They can do this using the contact details on your enforcement notice.

How can I prove an item is essential?

To prove something is essential, you’ll need evidence that you need the item for work or for your health. This could include proof of what you do for work, such as an employment contract or a letter from your employer, or evidence of a health condition that requires specific equipment.

If you have a valid Blue Badge, make sure it’s prominently displayed. Bailiffs shouldn’t take your car.

For work items, they’re only exempt if they’re worth less than £1,350. If you don’t have original receipts, look online for a rough value (eBay is a good starting point) and show this to the bailiff.

If a bailiff threatens to take anything essential for your health, you can make a complaint.

Bailiffs can charge fees ON TOP of the amount you already owe

If you have dealings with a bailiff, you can expect to be charged bailiff fees. This is money you'll have to pay on top of the debt you already owe.

Bailiffs usually charge for:

• Writing to you: from £79

• Visiting your home: from £247

• Taking and selling your belongings: from £116

They can also add expenses – called ‘disbursement costs’ – such as court fees, storing your belongings, locksmith costs, selling your items (for example, at auction).

If your debt is over £1,900, or is being collected by a high court bailiff, you'll be charged higher fees. For a full breakdown, see Citizens Advice.

If you’ve paid all or part of the bailiff's bill, get a receipt. This will help you later if you need to provide proof that you paid, or if you want to challenge it.

You can't be charged fees if you prove the debt isn’t yours or the bailiffs decide you have nothing they can sell to pay it off.

If you've got multiple debts, you can face bailiff action for more than one of them at the same time

If one bailiff company is collecting multiple debts, it can charge you a letter fee for each debt – but only one fee for visiting or for taking, storing and selling your belongings.

If different bailiff companies are chasing separate debts, you could be charged fees by each company at each stage. However, you may be able to stop them all turning up at once.

By law, the first bailiff to contact you should be paid first. If you tell any other bailiffs that you already owe another company and the first one got in touch earlier, they might agree to pause collections until the first debt is settled.

Complaining about a bailiff

If you feel unfairly treated by a bailiff or the bailiff rules have been broken, it's possible to make a complaint.

Complaining about a bailiff can give you more time to repay your debt, get belongings back, or stop bailiffs visiting you, but it won't get rid of your debt.

Types of complaint you can make

A bailiff is legally required to follow certain rules AND to treat you fairly throughout the debt collection process. The following types of behaviour break bailiff rules:

• Harassment, such as visiting very late or very early in the morning, humiliating you in front of neighbours, or calling you an excessive amount.

• Threatening behaviour, such as lying about their powers, trying to force their way into house or being aggressive.

• Obstructive behaviour, such as repeatedly rejecting repayment plans, or forcing you to agree to a plan that you can't afford.

• Damage to your property, such as breaking windows or breaking into property without using a locksmith.

• Ignoring evidence, such as proof that you don’t owe the debt or that you're classed as a 'vulnerable' person.

How to complain about a bailiff

There are two main ways to make a complaint. You can contact the person you owe money to (your creditor), the company the bailiff works for – or ideally both.

If the bailiff knows you’ve complained to your creditor, they should stop visiting until the complaint is resolved. If your creditor agrees with your complaint, they can tell the bailiffs to stop chasing you.

If you want to complain to a court about a bailiff, you’ll need to fill in an ‘EAC2’ form, rather than send a letter. Complaining is free, but if the court decides there were no ‘reasonable grounds’, you may have to pay legal costs.

You can find out which company or court the bailiff works for by checking their letters. These should also include the contact details you can use to make your complaint. You can also find court contact details for England and Wales online.

Whether you’re writing a letter, sending an email, or completing an EAC2 form, include these key details in your complaint:

• The bailiff’s ID details – such as the name of the company they work for and the reference number for your case. You’ll find this on any letters they’ve sent you.

• What you’re complaining about – give a clear overview of what you think the bailiff has done wrong. If unsure, write as if you’re explaining the situation to a friend.

• Evidence to support your complaint – for example, photos of property damage, copies of emails or letters you’ve received, call logs with the dates and times bailiffs contacted you, or even witness statements from neighbours or housemates.

• Your proposed solution – such as asking the bailiff to stop visiting or requesting your creditor agrees to a more affordable payment plan.

What happens if my complaint fails?

Proving your case can be very difficult, particularly if you're complaining about whether a bailiff's behaviour was appropriate, because that can be quite subjective.

Depending on the type of debt, you may be able to escalate your complaint to an ombudsman if you're not happy with the creditor's response to your complaint (for example if it’s an unpaid energy bill you could go to the energy ombudsman). The ombudsman will look both at whether the correct procedure was followed, and whether you were treated fairly.

You could also complain to the Enforcement Conduct Board (ECB) - the voluntary bailiff regulator - or the bailiff's trade association if they're a member (see Gov.uk to find which trade association applies).

Dealing with bailiffs FAQs