A guide to bailiffs – know your rights

Having a bailiff call can be a harrowing experience; especially if they are looking to remove your property. Staying calm and making sure you don’t invite them in, or allow them to enter your property is essential. They don’t have the right to enter. Don’t be fooled by their initially friendly manner – the repercussions will probably come back to haunt you It’s essential that you read and understand this information in its entirety.

What is a bailiff?

A bailiff is someone authorised to collect debt on behalf of a creditor. A creditor being someone you owe money to.

• A court bailiff delivers legal documents to people, and might recover some kinds of debts.
• A certificated or private bailiff tries to negotiate getting debts paid. As a last resort, they can repossess property or remove a debtor's goods.
• Certificated bailiffs are private bailiffs that have supplied references to the court and are deemed to be ‘fit and proper individuals’. Bailiffs that collect road traffic fines and rent arrears need to be certified.
• In Scotland, officers of court serve documents relating to debt recovery. They also give debtors advice on their best course of action.

Bailiffs can be used to collect different types of debts, such as county court judgments, unpaid council tax, magistrates court fines, outstanding rent, unpaid maintenance to the Child Support Agency.

Even though different bailiffs have different powers when collecting debts they all have to adhere to certain rules that apply to all bailiffs.

Anybody can act as a bailiff providing they have the legal authority from the creditor to do so. Most reputable firms however use only Certified Bailiffs.

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