Bailiffs
Bailiffs are appointed by courts and creditors to enforce court orders for the collection of debts or to pursue the payment of debts on behalf of third parties. It is important to distinguish the types of bailiffs and the powers they have.Under new legislation, the term bailiff has been replaced-they are now known as Certificated Enforcement Agents or Enforcement Agents.
Standardised fees and cost structure now apply
Bailiff or debt collector?
Is the person attending your premises or threatening to attend a High Court Enforcement Officer or a debt collector working for a private company collecting debts on behalf of a creditor. All enforcement officers acting on behalf of courts must be fully certified-with a Bailiff General Certificate from the county court. A High Court Enforcement Officer has powers of enforcement which can be used to collect debts by order of the court. High Court Enforcement officers are often used to collect debts such as CCJS, VAT, Income tax, National insurance, HMRC arrears, court fees, unpaid criminal penalties and increasingly minor debts transferred from the County Court division
Debt Collectors are employees of private companies and have no special powers to collect debts. A debt collector cannot enter your home or business by force or seize goods without your consent.
Dealing with Bailiffs & Debt collectors
Ask anyone appearing at your premises to collect a debt to show their credentials.
It is important that you establish who they are, who they are acting for and the amount of the debt. Ask to see their credentials-ID card or Bailiffs Certificate. Are they acting on behalf of a court?
Is the person A High Court Enforcement Agent , A County Court Enforcement Agent or a private debt collector
Do not allow them to enter your premises without good reason and without your consent.
If possible meet them outside of the premises, away from employees in order to check their credentials ,verify details of the debt and the creditor. In the case of a debt collector acting for a private company you have no obligation to speak to them and can simply ask them to provide details in writing. A sensible course of action is to ask a private debt collector to provide proof of the debt and advise that you will respond in due course once you have checked your records and you are shown to be liable for the debt.
Private debt collectors will often send official looking letters with bold red warnings at the top in an effort to alarm you into making a payment-in reality they have little authority. If you are liable for the debt, write to them making a proposal to pay that is within your budget and takes account of any amounts owing to other creditors-does not show preference.