If you find a bailiff on your doorstep due to the situation where you owe money to someone, the person you owe money to (the creditor) has a number of options where they can try to get the money they are owed for example get advice from solicitors online.
One of the options that they have at their disposal is instructing a bailiff to take items from you. Can bailffs force entry ? no they cannot. What can bailiffs take is also limited. A bailiff has the role of taking property or items away from people that have debts. These items are then sold off and the money that is earned from their sale is used to pay off the debt.
A bailiff can also be employed to take back something that belongs to the creditor. The simplest example of this situation comes with a car that is bought on hire purchase but the payments have not been maintained. If this happens, the bailiff can be instructed to seize the car and return it to the company. Bailiffs are also sometimes instructed to remove people from a property that has been taken back due to mortgage or rent arrears.
Creditors Have the Power to Instruct BailiffsCreditor can order a court to seize money from your (a court can order for money to be seized from your wages to repay a debt) but a creditor can also instruct a bailiff. When a bailiff seizes goods and sells them at auction, the payment for their work is covered by the auction sale and then whatever money is left over is presented to the creditor.
This is not always the best option for a creditor due to the fact that the second hand value of many goods is not too strong. This can see the creditor receiving a poor return for their money. However, quite often bailiffs are employed for the scare value. Many people are worried about bailiffs and what they may take, which may provide them with the impetus to raise the funds to pay the creditor before the bailiff has to get involved.
Video offering advice on what to do if a bailiff comes knocking at your door.
Try to Negotiate with Creditors Before they instruct Bailiffs
A creditor will normally have to receive a court order before they can instruct a bailiff to seize goods. Even if a creditor has received the court order they need to instruct a bailiff, it may still be possible to negotiate with them before the bailiffs act. You may also want to take into consideration bailiffs rights and the powers they have.
Some of the most common debts where a bailiff is instructed to recover money include arrears in council tax, arrears in business rates, County Court orders (sometimes referred to as CCJs), High Court orders, child maintenance arrears, criminal fines, income tax arrears, parking fines, road traffic penalties, rent arrears and VAT related debts if you are affected by any f these you can ask a solicitor online for legal advice.
Debt Collectors - Are Not BailiffsYou should be aware that a debt collector is not the same as a bailiff and they do not have the same powers. A debt collector is someone that collects money on the behalf of the lender and if a debt collector pretends or states that they are a bailiff to scare a person into paying off a debt, this should be reported if you are unsure of your rights you can ask for advice from solicitors online at Expert Answers.
While bailiffs have more power than debt collectors, they do not have the same rights as a police officer. A bailiff in the majority of cases has no right to threaten you with arrest or going to court and they are not allowed to call the police to gain access to your home. It is possible to call upon the police if there is concern about a breach of the peace being caused. In the cases where a bailiff has the right to enter your property by any means, a police offer present at the scene will not try and stop them but they may become active if there is any trouble.
There are very limited situations where a bailiff can have you arrested but this is only if they have been authorised to do so by a magistrate. A situation where this can arise would be where a court fine has not been paid and an arrest warrant has been placed on a person. In these circumstances, arrests are commonly made by bailiffs as opposed to the police.
Additional bailiff advice and legal advice from Expert Answers solicitors online.