Rights Against Bailiffs
Pursuing rights against bailiffs in the UK can be a confusing process, especially when it involves the difference between a family home and a business. A wide range of strict procedures governs bailiffs’ rights including:
- You should first receive a notification, providing ample time to ensure all windows and doors are secure, and;
- The notice must be documented in a specific way
The Insolvency Experts have the necessary expertise and experience to help you understand your rights against bailiffs. For over three decades, we have been helping thousands of clients in Britain to evaluate notifications received from bailiffs to safeguard their monetary and personal rights. You can learn more about the services we provide to our clients by contacting us through our official phone number or email.
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4 Key Questions on rights against bailiffs
What can bailiffs take with regards to your debt?
If you object bailiff to access your family home or fail to agree on a specific settlement amount they could:
- Increase your current debt by adding an extra amount
- Take belongings outside your commercial or residential premises including cars, motorcycles etc.
If you notice a bailiff is at your door, do not simply allow them to gain access to your home or business premises. Seek professional advice asap to help you know and defend your rights against bailiffs by the time they return. Once you allow a bailiff to access your premises, they may take some of your items to settle the outstanding debt.You need to know that certified bailiffs are law enforcement officers, but they must follow specific rules and regulations.
A bailiff is only allowed to take your belongings if you fail to settle the debt within agreed timeframes. They only take items they can access and remove easily. In most cases, bailiffs will target valuable office or household furniture, jewellery, electrical goods, motor vehicles and other valued items that are easy to sell at a higher price at auction. Bailiffs are hired by creditors to pursue specific types of debts including:
- Business rents
- Court fines
- HMRC debts
- High court judgements and;
- Business rates
To safeguard your bailiffs’ rights, ask them to indicate the type of debt and provide comprehensive details about the outstanding arrears. Do not grant them access for the first time to provide you with sufficient time to identify the claimant and the amount owed.
What are bailiffs prohibited from doing?
If your company is struggling to the point that it’s become insolvent and you wish to Learning your bailiffs’ rights is of paramount importance. Here at The Insolvency Experts, we have hired highly trained and certified team of financial experts to help you understand your rights. The cardinal rule is not to allow bailiffs to open your door or gain entry to your home or premises. You need to know that in most cases they cannot:
- Access your premises from any other area apart from the door
- Accesses your property if the only individual present at the time is below 16 years or;
- Use force against you or the occupants
You should know that bailiffs may be able to employ force to access your home or business premises in specific circumstances after the court has granted them permission, including when collecting HMRC arrears,stamp duty, income tax or outstanding criminal fines. However, the use of force is only employed as a last resort. Although the court allows bailiffs to take anything from a defaulter, they are required by law to leave you with household items including:
- Care or medical equipment
- Appliances for lighting or heating your home
- Enough chairs and a dining table to accommodate occupants
- Mobile phone or landline
- Bedding’s and beds for each individual in the house
- Basic household appliances like a washing machine, fridge, microwave and cooker
- Fixtures in your home like fitted wardrobes and kitchen units
- Goods acquired through hire purchase provided you have not settled the final payment
- Items owned by other people. However, a bailiff can take goods that you jointly own with another person
- Assistance dogs and other pets
- Books, tools; equipment needed for study or job
What do you need to check on when a bailiff arrives?
A bailiff is an enforcement agent and only acts on behalf of the creditors to retrieve outstanding debts. Always ask the bailiff to prove his or her identity using an enforcement agent certificate, ID car or even an official badge. If you wish to safeguard your rights against bailiffs in the UK, you need to always perform a background check to any bailiff who visits your property to ensure that:
- They have followed the due process
- The alleged outstanding debt is correct
- You have been served with a notice via the right means; handing to you in person, fixing appropriately to your letterbox or premises, email or fax, hand delivery to your business residency, or through the post.
- The correct timelines have been provided before any intention to visit your home or business. In most cases, a debt notice takes 7 days starting from the day you receive the notification. However, the 7 days period may be waivered in specific situations, via a court order.
The Insolvency Experts remain your trusted partners while pursuing your rights against bailiffs. We have hired a diligent and certified team of specialists to provide your business or family with the necessary support and expert advice to fix your financial issues. We provide our services 24/7 and you can contact us asap for specialised financial advice. You can contact our team of financial experts on 0300 303 8284 to discuss more on how you can safeguard your bailiffs’ rights.
You can also contact us through our online platform. Please also take some time to visit our website to learn more about our services and check reviews from previous clients. Here at The Insolvency Experts, we continue to offer a leading option in providing expert financial advice at a highly competitive rate.