Protecting your goods and car from bailiffs
Government departments and local councils, when resorting to bailiffs for debt recovery, stipulate a 90-day timeframe for the bailiffs to return unsuccessful cases, wherein no funds or access to goods are obtained.
Under certain circumstances, the bailiff company may request an extension of this period to 180 days if they perceive a possibility of securing the owed funds.
A Notice of Enforcement is subject to a statutory time constraint of 12 months from its issue date. Subsequently, if enforcement action is sought beyond this timeframe, a new notice must be issued.
The issuance of a new notice resets the enforcement timeline for another 12 months. However, it's exceedingly rare for a second notice of enforcement, extending the original one, as the endeavour to monetise aged debts often outweighs their value. According to section 9 of the Limitation Act 1980, there's a statutory limit of 6 years for the enforceability of statutory debts.
When bailiffs abandon the case and move on, it is essential to take security measures.
Bailiffs and Locksmiths
Bailiffs have the authority to gain entry to premises forcibly alongside a locksmith, under particular conditions:In the meantime, here are some actions you can consider.
Invest in a WiFi-enabled video doorbell.
Respond to the doorbell remotely using your smartphone and request the bailiff to display their photo ID to the camera.
Bailiffs prioritise targeting vehicles.
Before making a call, the bailiff will survey the surrounding area and search for a vehicle that could belong to the debtor. In cases involving parking fines, the bailiff will already have knowledge of the vehicle registration.
Registering your vehicle at an address in Scotland serves as a preventative measure against the issuance of a warrant, as enforcement agents hold jurisdiction solely within England & Wales.
Once the warrant or writ has been issued, you are prohibited from transferring ownership of your vehicle.
The debtor's possessions are placed under the enforcement power and are considered "bound."The Law:
Paragraph 4 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:
(1)For the purposes of any enforcement power, the property in all goods of the debtor, except goods that are exempt goods for the purposes of this Schedule or are protected under any other enactment, becomes bound in accordance with this paragraph.
(2)Where the power is conferred by a writ issued from the High Court the writ binds the property in the goods from the time when it is received by the person who is under a duty to endorse it.
(3)Where the power is conferred by a warrant to which section 99 of the County Courts Act 1984 (c. 28) or section 125ZA of the Magistrates' Courts Act 1980 (c. 43) applies, the warrant binds the property in the goods from the time when it is received by the person who is under a duty to endorse it under that section.
(4)Where sub-paragraphs (2) and (3) do not apply but notice is given to the debtor under paragraph 7(1), the notice binds the property in the goods from the time when the notice is given.
Protect yourself from bailiffs
If a bailiff encounters difficulty accessing your vehicle, they may attempt to gain entry into your property.
Upon opening the door to a bailiff, they may forcefully insert their boot to prevent you from closing it.
Once inside, a bailiff is typically reluctant to leave unless necessary, such as for restroom breaks or recharging their phone.
Allowing a bailiff entry into your home poses risks, including potential ransacking, particularly of bedrooms, and the potential theft of valuables such as mobile phones and jewellery (items that may not be listed in the inventory), as well as disruption of electrical equipment.
Placing your vehicle on a neighbour's driveway or another privately-owned piece of land
Prevents the bailiff from taking control of it. According to the law, bailiffs are only authorised to take control of goods located at:
The Law:
Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (the 2007 Act) states:
An individual's workplace does not qualify as premises where the debtor conducts trade or business.
Bailiffs are prohibited from taking control of your vehicle if it is parked at your employer's premises.
Display a disabled blue badge inside the vehicle at all times.
The vehicle becomes exempt goods.
The Law:
Regulation 4(1)(d) of the Taking Control of Goods Regulations 2013 (the 2013 Regulations) states:
Own your vehicle under a limited company, acquire it through hire-purchase, or lease it.
Bailiffs are only authorised to take control of goods that are owned by the debtor.
The Law:
Paragraph 10 of Schedule 12 of the 2007 Act states:
Use your vehicle for trade or business purposes, as long as its auction value does not exceed £1350.
However, this excludes commuting to a fixed place of employment.
The Law:
Regulation 4(1)(a) of the 2013 Regulations states:
If the enforcement agent overestimates the value of your vehicle, allowing them to remove it despite its actual value being under £1350, and it subsequently sells at auction for an amount below £1350, you have the right to make a Claim to exempt goods based on the vehicle's exemption status. The court has the authority to reverse the sale and instruct the return of the vehicle.
Always use your mobile phone to record interactions with bailiffs. This often results in more respectful treatment.
If the bailiff expresses opposition to being recorded, they are entitled to leave the property. However, until then, they will be recorded, and the footage can be used as evidence or uploaded to YouTube. Bailiffs typically wear body-worn cameras, eliminating any justification for objection. Just ensure your phone is adequately charged!Install a deadlock.
Bailiffs often intimidate debtors by mentioning the possibility of hiring a locksmith.
Installing a deadlock significantly increases the difficulty and time required to pick a lock. In many instances, bailiffs will opt to leave when they encounter a deadlock, realising the additional challenge it presents.
Don't post on social media.
Bailiffs frequently conduct online searches for debtors' names.
Sharing your schedules on social media platforms informs bailiffs of your whereabouts and potential availability, allowing them to plan the optimal time to confront you. They can also ascertain if you possess valuable items that they can discreetly take without documenting them in an inventory.
Install CCTV.
Bailiffs generally prefer not to be recorded or filmed.
If a bailiff is surveying your property, they are likely to exhibit more respectful behaviour due to the heightened risk of being captured on camera.
Install motion activated lights.
Bailiffs prefer early starts, often before dawn.
Motion-activated lights reveal a bailiff who is operating under the cover of darkness, eliminating the element of surprise./p>
Ensure that car keys and valuable items are concealed from view.
Bailiffs typically survey the property before knocking.
They may take inventory of expensive items visible through a window. While they may not intend to take these items, they could leverage them to gain access to your home.
If confronting the bailiff is daunting, refrain from answering the door.
Remain patient, regardless of the duration.
Even if the bailiff has called the police or other authorities, avoid opening the door under any circumstances. The bailiff may depart after a short period or wait in their vehicle, occupied with their phone, for an extended period, but eventually, they will depart.
If the bailiff forcefully wedges his boot into your door, seek assistance from a friend.
Instruct your friend to approach the bailiff from behind while they are positioned at your door, grip them around the hips, and pull them backward until their boot dislodges from the door.
Once the door closes shut, your friend should swiftly depart the vicinity. You may then find yourself facing an irate bailiff outside, making threats of involving the police.
If the bailiff is pursuing you in his van, pull over and remain inside your car.
Once the bailiff exits his van and approaches your vehicle, drive away.
Bailiffs frequently fail to appear as promised.
They prefer to avoid attending appointments when expected, as their training instructs them to prevent becoming unwilling participants in TV documentaries portraying rogue bailiffs. Consequently, the enforcement industry has taken measures to resist media exposure.
If a bailiff claims they will arrive at 6 am the following day, it is virtually guaranteed that they will not arrive at that time. Threatening debtors with messages like "the van is on its way" or "we are on our way" via text is an attempt to induce fear and prompt payment over the phone, thereby saving the bailiff the inconvenience of a personal visit.
If a bailiff is harassing you for debts owed by another individual, call police on 999.
Should a bailiff persist in pressuring you regarding someone else's debt or extracting information from you, and they refuse to depart, inform the police of a disturbance by dialing 999. Avoid mentioning the term "bailiff" in your emergency call; instead, refer to them as a "suspect".
In severe instances or if you are a victim of domestic violence or classified as a vulnerable person, you have the option to seek a restraining order..
If a bailiff gains access to your property:
Bailiffs typically show little interest in taking furniture and miscellaneous items.
However, there are exceptions for valuable items such as jewellery, controlled substances , and cash, which they may take and conceal. Bailiffs will thoroughly search the premises, rifling through drawers, removing items from walls, until pressured for payment.
Bailiffs understand the challenges of disposing of old furniture, let alone selling it.
Historically, the practice of take control of goods for enforcement purposes dates back centuries when household items held significant monetary value. However, in contemporary times, the enforcement process has shifted towards intimidating debtors with threats of home invasions by bailiffs rather than the actually removing furniture, which often lacks substantial monetary worth.