Answers to the bailiffs’ knocks

BAILIFFS returned to work this week, meaning struggling families are living in fear of a knock on the door.

Action was suspended at the start of lockdown to give people in debt some breathing room. But five months on, local authorities in England and Wales can once again call them in.

When you receive a visit from a bailiff, it is vitally important that you know your rights and what they can and cannot do.

At present, bailiffs also have to observe some additional rules because of Covid-19 and some of these can work in your favour.

WHAT ARE BAILIFFS USED FOR?

Councils, courts and other authorities use bailiffs to enforce overdue payments for council tax, business rates, parking and traffic penalties and magistrates’ fines.

As it stands, they can only use them for this if they have exhausted all other avenues for collecting debt and if the debt was incurred before the pandemic.

ENTERING A HOME

Before turning up at your house, a bailiff must provide you with a seven-day enforcement notice.

Bailiffs have the right to force entry into your home when they are collecting criminal fines, such as fixed penalty charges or tax debts owed to HMRC, if the court has granted such power. In all other circumstances, a bailiff has absolutely no rights to enter your home unless you invite them.

This means they cannot force their way in and cannot gain entry via an open window or door.

A bailiff also cannot enter your home between 9pm and 6am. And they are not allowed in if the only occupants are under 16 years of

age or vulnerable, for instance if they have a disability.

WHAT THEY CAN TAKE

If you let a bailiff into your property they may take luxury items to sell, such as a television or games console.

But they cannot take everyday essentials, like clothes and cooking equipment, or any work tools, including work computers, that together are worth less than £1,350.

Goods that do not belong to you are also off limits.

GOODS OUTSIDE

While bailiffs generally cannot enter your home without your consent, they can freely enter your land and remove any goods, such as vehicles, that belong to you.

VISITS IN SCOTLAND

Scotland’s equivalent, sheriff officers, are carrying out only urgent enforcement tasks now. It does not include debt collection.

ADDITIONAL COVID-19 RULES

Bailiffs have been issued with additional rules they must observe while the virus remains an issue. In this respect, bailiffs must:

Observe two- metre social distancing, or one- metre social distancing with masks if two metres is not possible.

Terminate a visit if an individual tries to breach social distancing. Avoid unduly raising their voice. Make reasonable attempts to contact residential households to assess risk before visiting.

Ask on arrival if anyone in the house is symptomatic or shielding and terminate a visit if so.

Wear a face covering if possible on premises or in vehicles.

Wear disposable gloves if likely to come into contact with objects such as doors and doorbells.

You can see more advice from Dean at theconsumerlawyer.blog.