With personal debt mounting and 65,000 people possibly facing repossession of their homes this year, there’s a good chance a substantial number of people could come face to face with a bailiff at some time or other.
When faced with a bailiff at the door, many people may feel intimidated into letting them over the threshold. But consumer law expert, Andrew Leakey, advises people not to let bailiffs enter their home as in most cases they have no legal power to do so.
Andrew Leakey, says: “When confronted with a bailiff at the door, many people are scared and don’t know how to handle the situation. It’s not exactly an everyday occurrence for most of us.
“You can prevent a bailiff from entering the property, you don’t have to let them in. The only time they could enter with what is called ‘reasonable force’ is when they are collecting unpaid criminal fines. If they are there for anything else, for example council tax debts, they can only gain peaceful entry, which would include being invited in by a responsible adult, going through an open window or coming in through an unlocked door.”
So what can consumers do if they are expecting a visit from the bailiffs?
Andrew says: “Most people will know a bailiff could arrive at their home, so the best advice I could give people is to speak to a specialist consumer solicitor urgently, who will usually give free initial advice, or seek out their local Citizens Advice Bureau.
“That way when they do arrive you can prove to the bailiffs that you are getting expert advice and will not be letting them in.
“Let everyone who lives at your home know a bailiff may be visiting and they should not open the door to them.
“When the bailiff does knock on your door, be polite but firm. Make it clear you know your rights and will not be intimidated and won’t let them in.
“Take advice before agreeing to pay them anything. If they enter illegally, stay calm and call the Police.
“If you don't reach an agreement to pay with the bailiff when they call at your home, don't assume the debt will go away, it won't. The creditor you owe money to could take steps to deduct the money owed out of your pay or in the case of unpaid council tax, a prison sentence is possible.
“If however, a bailiff does enter your property peacefully, you should expect them to make a list of all valuable items and they're likely to ask you to sign what's known as a Walking Possession Agreement. This basically transfers ownership of the listed goods to the bailiff so that if you do not keep up with the agreed payment plan, they can gain forceful entry and seize the goods on the list.
“There are some items they cannot seize, for example anything necessary for employment such as tools or a work vehicle. They also shouldn't be able to take essential household goods such as a washing machine, clothing, bedding.”
Stephensons helps hundreds of people each year who are all facing debt problems. The irony is many cases the money owed could be written off if there are discrepancies in the loan agreements. Stephensons' consumer solicitors can in most cases check these agreements for free before deciding if there is a case to answer.
If you find yourself in a dispute with bailiffs, Stephensons can help. For more information, visit www.debtandrepossession.co.uk or call the Stephensons freephone line on 0800 694 0190.
