Frequently Asked Questions

Who are bailiffs?

Bailiffs work on behalf of the courts to collect unpaid debts. Bailiffs deliver paperwork on behalf of the council or creditor.There are four types of bailiffs who at according to the type of debt being collected:

  • Private - They can be employed by a private firm, self-employed or employed by another organisation. They can collect council tax arrears, unpaid parking fines and money owed to HMRC.
  • County Court - These bailiffs are directly employed by the County Court to collect unpaid County Court Judgements (CCJs).
  • Sheriff/ High Court Enforcement Officers - They work with in geographical county areas and are contracted by the High Court.
  • Magistrates Court Bailiff - They work for the Magistrates Court and mainly deal with money that is owed in criminal offenses.

What powers do bailiffs have?

Bailiffs have the powers to repossess your property or take your possessions and sell them and giving the proceeds to your creditor to pay back what you owe. Bailiffs can only take goods if you let them into your home. Bailiff Helpline strongly advise you do not let them into your home.

Can a bailiff force entry?

Primarily, no, bailiffs are not allowed to use force without a court warrant, so can only enter through an unlocked gate or door, or if someone in the house over the age of 16 allows them entry. However, it all depends on the type of debt they are collecting.Bailiffs do have the power to obtain a warrant for them to forcefully enter a premise, allowing them to break doors to gain entry.

The following situations include when a bailiff can force entry:

  • Collecting unpaid fines – if they have a Magistrates Court warrant, they can force entry, whether they have been in your home before or not.
  • They have previously gained peaceful entry – if they have previously been in your property before by means of ‘peaceful entry’, they can force entry on a second visit if you do not let them in.
  • County Court bailiffs and commercial property – if there is no living accommodation attached to the commercial property then they can force entry,otherwise they need permission from the court to enter.
  • Collecting VAT or income tax – they need to have permission from the court to enter forcefully and can only do this is they have failed at previous attempts of a ‘peaceful entry’.

I’ve received a bailiff letter,what should I do?

Open and read the letter. If a bailiff does come round, ensure all windows and doors are locked, do not let them in and never sign any paperwork that a bailiff puts in front of you.

Will an IVA stop bailiffs?

An Individual Voluntary Arrangement, or IVA, is a formal debt solution available in England and Wales. It works by turning your unsecured debt into affordable monthly payments, and allows you to write off the debts you can’t afford to repay.

Because an IVA represents a legally-binding agreement between you and your creditors, any legal action your creditors had previously pursued against you (including the use of bailiffs) will be paused immediately after the arrangement comes into effect.

Entering an IVA will also freeze any interest and charges on your debts. For free advice on using an IVA to protect against bailiffs, contact Creditfix today.

Can I pay the council instead of bailiffs?

If you owe money to the local authorities, such as council tax arrears, other tax debts, or unpaid criminal fines, you may prefer to pay the council directly rather than having to pay the bailiffs. Unfortunately, that isn’t your call to make.

Employing bailiffs comes at a cost, which is usually covered by the fee they collect. If the local authorities have sent bailiffs to deal with your debt, then they will have to pay for their services out of the money they recover from you.

If you try to pay the council directly, they are likely to reject your offer and suggest you pay the money through the bailiffs you are dealing with.

Can bailiffs take my children's stuff?

Absolutely not. Bailiffs and debt collection agencies are only legally allowed to seize the property of individuals named as debtors in CCJs and other legal documents.Even if you owe money to creditors and they have sent bailiffs to collect, other people’s property is off limits, including your children, your partner, or other family members.

Who are Marston Bailiffs?

Marston Bailiffs are one of the UK’s largest judicial services businesses. They are an enforcement company, which means they are bailiffs, not debt collectors. The have powers to clam and remove vehicles when necessary.

Marston Bailiffs, also known as Marston Holdings and Marston High Court Enforcement, represent over 500 clients, including businesses and other authorities, as well as some UK government bodies like HMRC. The will attempt to come in to your home to collect your goods.

They are regulated by the Ministry of Justice.

Why am I being contacted by Marston Bailiffs?

If you’ve received a letter, a call or an email from Marston Bailiffs, it’s probably in connection with one of the companies they represent, and a debt that hasn’t been paid.

If Marston do get in touch, it’s possible that they’ll send you a letter first, to notify you that they will visit your property to collect the money you’re due. This letter should detail the amount of debt you owe and have your name and address on it.

It’s called a notice of enforcement, and if you choose to ignore it, a bailiff will be able to show up at your home after seven days have passed.

It’s upsetting to have to deal with bailiffs, but you should take any communication from them seriously.

What should I do if Marston’scontact me?

Lock your doors and windows, do not let them in and speak with a debt specialist to help negotiate with them. You can speak to them directly but communication can sometimes be challenging.

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