Website of the UK government
Please note that this website has a UK government accesskeys system.
Main menu
Page menu
Money, tax and benefits
Bailiffs and debt collectors
If you owe someone money, a bailiff or debt collector may be asked to recover the debt. You need to know how to deal with these people if they contact or visit you, and what your rights and obligations are.
When bailiffs may be used
Your creditor (the person you owe money to) can make a claim against you in the county court. A County Court Judgment (CCJ) may be made stating that you must repay the debt.
If you don’t make the payments ordered by the court, your creditor can ask the court to issue a 'warrant of execution'. This means that county court bailiffs may be called in to help recover the debt. You can ask the court to suspend the warrant - see the ‘How to avoid being visited by county court bailiffs’ section below.
If you owe tax to HM Revenue & Customs (HMRC), or Council Tax to your local authority, they may send private bailiffs to recover the debt.
If you have a magistrates’ court fine that you have not paid, the court can use private bailiffs to try to recover the money you owe.
If you have been issued with a parking penalty charge in the county court, the local authority can use private bailiffs to try to recover the money you owe.
Debt collectors
Creditors may use a debt collection agency to ask you to pay off the debt.
Debt collectors aren't court officials and don't have the same powers as bailiffs. They can't enter your home or seize your possessions. They can only write, phone, or visit your home to talk to you about the debt and how to pay it back.
Creditors and debt collectors must follow OFT (Office of Fair Trading) debt collection guidance.
The Consumer Protection from Unfair Trading Regulations 2008
New consumer protection rules came into effect in May 2008. They are designed to stop traders acting unfairly, including the use of what the rules call ‘aggressive commercial practices’.
These rules may help you tackle harassment by your creditors, because the OFT and trading standards now have the power to take enforcement action against creditors. This can lead to fines or even imprisonment if the creditor is found guilty of an offence.
If a collector harasses you, you should contact your local council's trading standards department. If they threaten you physically, contact the police.
Complaints
Since April 2007 you can complain to the Financial Ombudsman Service about how a lender or debt collection agency has behaved when dealing with your account. You have to follow the lender's complaints procedure first.
If you want to make a complaint, you can contact Consumer Direct. They will give you advice over the phone or by email. They can put you in touch with the trading standards department in your local council if you need more detailed or face-to-face advice.
Loan sharks
If you have a loan with an illegal lender or ‘loan shark’ who lends money illegally and charges extortionate rates of interest, you may be feeling threatened and frightened. It is important that you get advice from the special loan shark team.
There is a confidential national hotline you can ring on 0300 555 2222.
How to avoid being visited by county court bailiffs
If your debt is a CCJ and a warrant of execution has been issued, you can try to stop bailiffs visiting your home. You’ll need to fill in form N245 at your local county court, making an offer to repay the debt, for example by instalments.
If your offer is accepted, the warrant will be suspended as long as you keep up to date with the agreed payments.
What bailiffs can and can't do
If the bailiffs come to your home, you don't have to let them in. They can't force their way in, but they can enter through an open window or an unlocked door.
Forced entry includes pushing past you once you have opened the door to them, or leaving their foot in the door to prevent you closing it. Such action would make the whole process illegal.
Bailiffs recovering unpaid magistrates' court fines, however, do have the power to force entry, but this is always a last resort.
Bailiffs trying to recover money you owe to HMRC are allowed to break into your home, providing they have a magistrates' warrant - but this method is rare and only used as a last resort.
Negotiating with bailiffs
You may negotiate with bailiffs to pay some or all of the debt there and then, so they leave without taking anything. If they accept any kind of payment from you, make sure you get a receipt.
It's possible that the bailiff's fee and expenses for each extra visit will be added to the debt you owe, depending on the circumstances.
What can a bailiff take?
Bailiffs can't take essentials such as clothing, bedding, cookers, fridges, most furniture and the 'tools of your trade' (for example, a computer you use for work).
They can take non-essential items such as your television, and also possessions outside your home (for example, your car or garden equipment).
Rent and mortgage arrears - evictions
If you're behind with your rent or mortgage payments, your landlord or mortgage lender may get a county court possession order to evict you.
More useful links
Additional links
Don't get bitten...
Have you been approached by a loan shark? You can report unlicensed lenders
Real help now
