What happens if I have nothing for bailiffs to take in the UK?
What power do bailiffs have in the UK?
Having the bailiffs knocking at your door can be a frightening experience. If you are struggling financially with a debt problem, you’ll already feel anxious, worried and vulnerable.
Bailiffs tap into these emotions to get past your front door to your possessions. You must stay focused and in control, and more importantly, you need to know your legal rights when dealing with bailiffs.
There are some misconceptions about dealing with bailiffs. We want to make sure you know precisely what bailiffs cannot do and give you the answers to questions like ‘Do I need to let bailiffs into my house?’.
Here are seven things bailiffs cannot do...
Not in the mood to read? We got you covered. Listen to the rest with the YouTube link at the bottom of the page.
1. Can a bailiff force entry to my home
Bailiffs cannot force entry into your home, for example, by pushing past you (except with certain debts, which we’ll cover later). They can only enter peacefully.
2. Can a child let a bailiff enter?
Bailiffs cannot enter a home if only children under 16 are present or only those considered vulnerable people, for example, people with mental health issues or disabilities.
3. Can bailiffs come anytime?
No, they cannot. Bailiffs cannot visit you between 9pm and 6am.
4. Can bailiffs enter by climbing through a window?
Bailiffs cannot enter your home any other way other than through the door. They cannot enter through windows.
5. What items can a bailiff not remove?
Bailiffs cannot take items you need for general survival (cooker, clothes, washing machine, fridge and freezer).
6. Can bailiffs take my work tools?
Bailiffs cannot take items you need for work, such as work tools and equipment, which in total are worth less than £1,350
7. Can bailiffs take things that belong to someone else?
Bailiffs cannot take items that do not belong to you, e.g., items that belong to your partner. You may be asked to prove the items do not belong to you.
Do I have to let a bailiff into my home?
You’ll notice the first point we made was about bailiffs making a forced entry. But do you have to let them in at all? Well, no law states you must let a bailiff into your home. However, if you let them in and do not pay, they can legally take your belongings to sell to cover your debt and their fees.
You might be thinking, great, I simply won’t let them in! However, you must know the following. If you decide not to let the bailiffs into your home, they may take possessions that belong to you outside of your home, such as your car. If there are no items for them to take at all, there is a risk they may add further costs to your debt.
Finally, if bailiffs fail to recover the debt, they may return it to the creditor. You should never feel intimidated, as we mentioned before:
There is no law that states you must let a bailiff into your home.
The Real Debt Guy
How do I know if a Bailiff is legitimate?
It’s unfortunate, but some people ‘fake it’ as bailiffs. You do not want these people inside your home. If a bailiff is at your door and you choose to engage with them, please follow these four steps for your safety and protection.
Step 1
Ask the bailiffs to present proof of their identity, such as an ID card, enforcement agent certificate, or badge. You do not need to let them into your house to view this. Ask them to post it through the letterbox or show it at the window.
Step 2
Ask for their company name, then look up the company and call them (if necessary).
You can check a bailiff's identity using one of these links depending on the type of bailiff they are:
Step 3
Ask for a detailed breakdown of what is owed and check it thoroughly.
Step 4
If you suspect someone is pretending to be a bailiff, do not let them into your house. It is a criminal offence; you should report the person to the police immediately.
When can a bailiff force entry?
If you have outstanding debts, bailiffs cannot force entry into your home unless the debts are to collect Income Tax, Stamp Duty, and criminal fines. However, this is rare and only used as a last resort.
Remember, no law requires you to let a bailiff into your home, so keep that in mind.
Don't forget to read The Real Debt Guy's final thoughts below!
The Real Debt Guy is a qualified financial adviser and a UK debt expert. The information in this article is considered to be true and correct at the publication date.
