Baliff Services Hull
A Bailiff is someone authorised by the courts to collect debts on behalf of someone owed money. This article includes advice on how they can gain access to your premises/home and items they can't seize.
Bailiffs are also referred to as Civil Enforcement Agents.If bailiffs have become involved, then a court judgement has been made in favour of the creditor.
This is because the non payment has gone to court, a judgment has been made and the debtor is still not making repayments under what the court considers to be affordable and reasonable terms.
Bailiffs & access to your home/premises.
Bailiffs will not arrive at your door without 7 days notice - this allows you to reach settlement beforehand.
You do not have to allow a bailiff into your home/premises. Bailiffs cannot use force to gain initial entry to a property.
Forcing their way past you is not allowed for debts relating to unsecured lending. Once in your home, a bailiff can use force to open internal doors and cupboards.
If a bailiff has previously accessed your home be peaceful means, they are entitled to force entry on subsequent visits in respect of the same judgement.
If you refuse the Bailiff entry indefinitely, the warrant will be returned to the court. This means Bailiffs are saying they have not been able to get payment. The court will then take other means to settle the debt.
Bailiffs & Removing Items.
Items bailiffs can't take
Once the bailiff has gained access, they can seize any goods belonging to the debtor with the following exceptions:
- Items or tools used in self employment/business by the debtor.
- Household equipment and provisions necessary for the basic domestic needs of the debtor and their family.
This includes clothing, bedding and furniture. Bailiffs can take video recorders, DVD players, second TV's, jewelry, washing machines, Hi-Fi and microwave ovens.
- Items Rented or on Hire Purchase (as technically these don't belong to the debtor).
Walking Possession Agreement
The bailiff can remove goods immediately, and will usually do so for vehicles. More commonly, they leave them, asking you sign a walking possession agreement. This lists items suitable for removal. To list items, the bailiff must have access. They can't list items viewed from out side.
The bailiff now has control of the listed goods but is leaving them allowing for continued usage. You will have typically 5 days to pay, before the bailiff can return to remove the goods to dispose of, which is normally by public.
Frequently asked questions...
What goods can you take when levying distress?
If the rent is in arrears the Landlord can seize and distraint all the goods & chattels in the property from which the rent is due, regardless of their ownership.
When can you go?
Distress can be levied on any day of the week (including Sundays) between the hours of sunrise and sunset only. A distress for rent before sunrise or after sunset is illegal even if there is some day light.
Do I need a court order to use a bailiff?
No. Distress is a Common Law remedy going back to at least the 13th Century.
Can bailiffs collect any debts?
No. Certificated Bailiffs can only collect unpaid Commercial Rents, unpaid Parking Fines, unpaid council tax, unpaid V.A.T and Income Tax and unpaid National Non-Domestic Rates. Bailiffs are not Debt Recovery Agents.
Am I able to use bailiffs for collection of unpaid rents from residential properties?
No. Bailiffs are not allowed to levy distress on residential tenants.
Is it true bailiffs can break into premises?
No. Bailiffs have no right to force their way into premises for the purpose of seizing goods. They must enter peaceably i.e. An open door or the turn of a handle.
Can I lock my tenants out if they don’t pay the rent?
You can use the remedy of Common Law Forfeiture to peaceably re-enter the property and change the locks. However, you will have to recover unpaid rent through the courts.
Can bailiffs act if the tenant is approaching insolvency?
In situations where a Tenant is in Liquidation, L.P.A. Receivership or Administrative Receivership – the remedies of Distress and Forfeiture can usually be applied. This does not apply when a Tenant is in Administration.
PO BOX 969 Hull East
Yorkshire HU7 9AU
Who pays the bailiff?
For Levying Distress the Bailiff charges the Statutory Levy Fees laid down by the Department of Constitutional Affairs. These are due and payable by the tenant once Distress has been levied, and the whole process goes through the Bailiff Services.
In the event that distress is not levied for any reason the "reasonable costs & charges" of the visit would normally be met by the person or company instructing the bailiff..
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We offer a free no obligation consultation via phone or email, to discuss your Debt Recovery requirements. baliff-services
We are renowned in the business community for giving straightforward honest advice, and will only take cases on if we believe you as the client have a realistic chance of making a full or partial recovery of your debts.