As mentioned in part 1, there are certain goods a bailiff cannot seize to repay your debts. These include anything necessary for a debtor's occupation, such a vehicle, books or perhaps a laptop computer. They cannot take anything which belongs to someone else, including goods on hire purchase, as these will not legally belong to you until the final payment is made. For the same reason, they cannot take anything which is rented. They also must not seize anything belonging to a child.
A bailiff will usually charge a fee which can vary depending on the type of debt they are trying to collect. Usually, for the collection of council tax, this will start at £24.50 for the first visit, if they fail to gain entry. If they make a second visit and fail to gain entry, they can charge a further £18. If the debt is paid off after this second visit, no further charges can be made. They can levy further charges if they gain entry and either list possessions or seize goods. You can complain about bailiff charges if you feel they are unfair.
A bailiff must give you 14 days written notice of their intention to visit your home if they are collecting council tax, and you can use this time to remove any goods which you do not want the bailiff to seize. However, if the bailiff is allowed entry and suspects that you have removed goods of value for this purpose, they can break in at a later date to seize any replaced goods. If you decide to 'hide' your belongings from a bailiff at another location, make sure you can store them there indefinitely. If the bailiff seizes goods which do not belong to you, as mentioned above, you can appeal to have them returned.
Some things to remember: A bailiff must always behave in a respectable manner, never threatening or offensive. They cannot legally force entry by pushing past you as you open the door. They must never use physical force on you or any members of your family. Likewise; if you allow a bailiff into your home you cannot then use physical force to remove them. Either can be classed as assault, and could result in legal action. A bailiff must only remove goods to the value of the debt and fees, and must sell the goods for what they are worth. You must get a receipt for any goods they remove.
Many people have been conned by unscrupulous bailiffs because they haven't known their rights. Don't let this happen to you! If you are ever in doubt as to the jurisdiction of a bailiff, seek further advice. If a bailiff comes to your door and you want to check their authority, ask them to return to their car and close your door behind them while you make the phone calls. Never leave a bailiff standing at an open door, as this is effectively allowing them entry.
A bailiff will usually charge a fee which can vary depending on the type of debt they are trying to collect. Usually, for the collection of council tax, this will start at £24.50 for the first visit, if they fail to gain entry. If they make a second visit and fail to gain entry, they can charge a further £18. If the debt is paid off after this second visit, no further charges can be made. They can levy further charges if they gain entry and either list possessions or seize goods. You can complain about bailiff charges if you feel they are unfair.
A bailiff must give you 14 days written notice of their intention to visit your home if they are collecting council tax, and you can use this time to remove any goods which you do not want the bailiff to seize. However, if the bailiff is allowed entry and suspects that you have removed goods of value for this purpose, they can break in at a later date to seize any replaced goods. If you decide to 'hide' your belongings from a bailiff at another location, make sure you can store them there indefinitely. If the bailiff seizes goods which do not belong to you, as mentioned above, you can appeal to have them returned.
Some things to remember: A bailiff must always behave in a respectable manner, never threatening or offensive. They cannot legally force entry by pushing past you as you open the door. They must never use physical force on you or any members of your family. Likewise; if you allow a bailiff into your home you cannot then use physical force to remove them. Either can be classed as assault, and could result in legal action. A bailiff must only remove goods to the value of the debt and fees, and must sell the goods for what they are worth. You must get a receipt for any goods they remove.
Many people have been conned by unscrupulous bailiffs because they haven't known their rights. Don't let this happen to you! If you are ever in doubt as to the jurisdiction of a bailiff, seek further advice. If a bailiff comes to your door and you want to check their authority, ask them to return to their car and close your door behind them while you make the phone calls. Never leave a bailiff standing at an open door, as this is effectively allowing them entry.
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