What is a bailiff?

Scotland has sheriff officers instead. They work a little differently.

Find out about the different types of enforcement officer, their powers and the difference between them and debt collectors.

An enforcement officer (bailiff) can usually only be sent to your property following court action. This court action could have been taken by:

• a lender trying to recover debts/fines or repossess goods if you’re behind with your payments
• a landlord trying to evict you

Before visiting, an enforcement officer will send a letter (a notice of enforcement). They need to give you at least seven working days’ notice. 

There are four kinds of enforcement officer:

• Private enforcement officers often collect for the local authority (the council) and for HMRC. They usually deal with council tax arrears, parking fines and other tax debts. But it's possible for any lender to employ a private enforcement officer.
• County court enforcement officers (these are who people usually refer to as bailiffs) are used when a lender has a CCJ against you.
• High court enforcement officers are used by the high court. If a lender has a CCJ for over £600 (including court costs), they can transfer the judgment to the high court. This does not apply to debts regulated by the Consumer Credit Act - such as credit cards, store cards and personal loans - these are dealt with by the county court.
• Magistrates’ county court or magistrates’ court enforcement officers mostly deal with fines for 
  criminal offences.

Are bailiffs the same as debt collectors?

Debt collectors - also known as doorstep collectors or field agents - may contact you on behalf of a lender by phone or letter. They don’t have the same powers as enforcement officers.

If a debt collector visits your house, you don’t have to open the door to them. The most they can do is ask you to make repayments, but you don’t have to do as they ask. They have to leave if you ask them to. But the debt won’t go away. Don’t be tempted to bury your head in the sand. Call us for free advice as soon as you can.

If someone comes to your property and you’re not sure whether they’re a debt collector or an enforcement officer, ask to see their ID. Do this through a window or the letterbox to stop them getting into your home. 

• If they say they’re a civilian enforcement officer or county court or magistrates’ court enforcement officer, contact the court that sent them to check.
• If they say they’re a certificated enforcement agent, go to certificatedbailiffs.justice.gov.uk/ to check the register. 
• If they say they’re a high court enforcement officer, visit hceoa.org.uk/ to check the directory. 
• If they can’t prove who they are, tell them to go - and call 999 if they don’t. 

Can bailiffs enter my home?

Most enforcement officers are only allowed to enter your home: 

• through a door 
• without aggression 
• with your permission. 

If they’re collecting tax debts or criminal fines, they can try to enter your home with the help of a locksmith. They need court permission to do this and it doesn’t happen very often.

Enforcement officers aren’t allowed to visit you between 9pm and 6am. They can’t break in or push past you. If an enforcement officer threatens you physically, call 999.

If an enforcement officer enters your home, they’ll usually make a list of the possessions you have that they could sell to pay off your debts. They don’t normally take the items straight away but return to collect them later.

Once an enforcement officer has entered your home and made this list of items, they are legally allowed to use ‘reasonable force’ to enter your home in the future.

There are extra rules enforcement officers need to follow if you’re vulnerable e.g. if you’re ill or disabled, have mental health problems, or you’re pregnant.  

If I don’t let bailiffs in, will they come back and enter my home when I’m not there?

For most kinds of debt, enforcement officers aren’t allowed to enter your home if: 

• no-one is in; or 
• the only people there are under 16 or vulnerable e.g. due to a disability

To make sure enforcement officers don't enter your home while you’re out, lock all doors and windows (not forgetting the porch door). If you live with other people, make sure they don’t let enforcement 
officers into your home when you’re out.

What will bailiffs do if they can’t get in?

Enforcement officers could take a car parked on your driveway. Read our guide at moneywellness.com/guide/can-bailiffs-take-my-car-a-guide-to-your-rights to find out more. 

Who pays for bailiffs?

Your lender will probably add the cost of using enforcement officers to your debt.