You Are Living In Fear Of Bailiffs In Your Own Home

Section 6 of the Human Rights Act 1998 states that a public authority is in breach of the European Convention on Human Rights if enforcement legislation allows the authority to recover debts without resorting to bailiffs or if the authority is acting lawfully. If the authority is in breach and a victim may apply for an injunction against the authority.

Authorities frequently employ bailiffs as their preferred method of debt recovery, which is the most cost-effective enforcement option since commercial companies perform the work without charging the authority, benefiting commercially from the arrangement.

When the Authority has multiple options available for debt recovery, and you are facing the possibility of a confrontation at your home, you can take action to stop the enforcement and propose an alternative procedure, offering a potential path to resolution and relief.

Examples: To determine whether the authority is acting unlawfully, the individual must demonstrate the legislation the Authority has breached, for instance, instructing bailiffs to collect money not lawfully owed or enforcement agents threatening attendance on someone other than the debtor. Similarly, the individual can show that the authority has alternative methods to recover a debt; for example, the authority can recover a council tax debt through an attachment of an earnings order.

Each case is unique, and your application to stop the bailiffs must be assessed on an individual basis.