Your rights if a bailiff comes to your door and what they are allowed to do

With the cost of living going up dramatically, many of us are really feeling the pinch. Millions of households are now facing fuel poverty due to the 30-year-high cost of living crisis.

From March 31, the UK’s energy regulator increased the price cap, meaning millions are now paying hundreds of pounds more for their electricity and gas. For those on default tariffs who pay by direct debit, the cap increased by £693 – from £1,277 to £1,971.

Brits are also being put under yet more financial pressure as National Insurance payments have also risen. From April 6, employees, businesses and the self-employed will pay an extra 1.25p in the pound.

READ MORE: National Insurance rises from today – how much you can now expect to pay

Understandably, more and more people may feel that they have no choice but to take out loans and credit cards or may even be heading further and further into a planned or unplanned overdraft with no means of paying it off.

While there are government and local authority schemes available to help, not getting into debt is easier said than done when food prices and petrol prices have also risen since the beginning of the year. In the 12 months to February, prices rose 6.2% on average and average pay increases currently aren’t keeping pace with inflation.

That being said, it is likely that some people could see their debt spiralling out of control and could start receiving letters threatening bailiff action. It can be extremely distressing to have a bailiff at your front door, but you do have rights.

Here’s what you need to know:

What is a bailiff?

There are several different kinds of bailiffs:

• Certificated Enforcement Agents
• High Court Enforcement Officers
• County Court and Family Court Bailiffs
• Civilian Enforcement Officers

Bailiffs have the legal power to remove items from your home and sell them to pay off your debt. They must give you at least seven days notice of their first visit to give you the chance to make any outstanding payments.

What are my rights?

According to the government website, you usually do not have to open your door to a bailiff or let them in. Bailiffs cannot enter your home by force and there are rules they have to follow if someone does let them in:

• They should not enter the property if only children under 16 or vulnerable people are present
• They should not enter a property if it is between 9pm and 6am
• They cannot enter a property through anything except the door

Bailiffs cannot take things you need such as clothes, a cooker or a fridge nor can they take something belonging to someone else who lives at the property. Citizen’s Advice recommends not letting a bailiff into your home because it’s always better to try to sort out your debt by keeping them outside and speaking through the door or over the phone.

Are you struggling with the increase in the cost of living? Let us know how it has affected you in the comments section.

What are the bailiffs’ rights?

Although they cannot intimidate you to let them in or enter through a window, bailiffs are allowed to enter through any door that’s left open. They are allowed to force their way into your home to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort.

If you let a bailiff into your home but do not pay them they may take some of your belongings to sell. Usually these are only luxury items such as TVs and game consoles.

If you decide not to let a bailiff in they may take your belongings from outside the property such as your car or motorbike, however they cannot take a car that’s on a hire purchase agreement.

What can I do if I’m already in debt?

Don’t panic – a lot of people end up in a situation where debts get out of control, and the important thing is to try and get a hold of it before the bailiffs are called in. If you think a bailiff might visit you to collect debts, you can stop this by paying the money you owe.

Here are some useful links and phone numbers so you can get advice about how to pay your debt:

MoneyHelper 0800 138 7777

Citizens Advice 0800 2040 4420

National Debtline 0808 808 4000

StepChange Debt Charity 0800 138 1111