Bailiff
The main purpose of the Bailiff is the collection of debt by seizing goods sufficient to sell and pay off the debt.
There are two types of Bailiff:-
- County Court Bailiffs who are employees of the Court and enforce County Court Judgements, typically for consumer credit debts.
- Private Bailiffs who are private firms used by the Magistrates Courts to collect fines and council tax.
The Bailiff cannot force entry to a domestic property, but he can walk through an open door or window or an unlocked door. Once in they will make a list of your assets called a walking possession order. They will state the terms of payment of the debt in return for not removing the goods. Should you not meet the repayment terms, they will return to remove the goods and sell them.
The Walking Possession Agreement is an agreement that you will sign to prevent the Bailiff removing the goods in return for you keeping to a schedule of repayments. If you fail to meet the repayments, the Bailiff may return and force entry to remove the assets.
The Bailiff may seize goods owned solely or jointly by you. He may not take:-
- Goods belonging to someone else.
- Fixtures and fittings.
- Items which are either rented or on hire purchase.
If the Bailiff is enforcing a County Court Judgement or collecting Council Tax, the following goods cannot be seized:-
- Clothing, bedding, furniture and household equipment necessary for the basic domestic needs of you and your family.
- Tools, books, vehicles necessary for use by you personally in your business, employment and vocation.
You should note that you will need to pay the costs of the Bailiff. The fees for visiting you but not gaining entry are £24.50 for the first visit and £18 for the second.
Where he gains entry and takes possession of the goods (listing them but not necessarily removing them) the costs are dependent on the debt:-
| Less than £100 | £24.50 |
| More than £100 | 22.5% of the first | £100 |
| 4% of the next | £400 | |
| 2.5% of the next | £1,500 | |
| 1% of the next | £8,000 | |
| 0.25% thereafter |
Where the Bailiff removes and stores the goods, you are liable for reasonable costs and fees.
The fee can be waived if you are on low income and payment of the fee will cause undue hardship. You need to complete a Form EX160 and sent it to the Court with Form N245 which is used to suspend the actions of the Bailiff and vary the instalments originally set by the Court.
