FAMILIES struggling with debts are being pushed to the brink by unscrupulous bailiffs who bully and intimidate at the doorstep.
Debt collectors are heaping pressure on people in financial distress by failing to follow strict rules, consumer groups have warned.
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Simon Trevethick, from debt advice charity StepChange, says: “We regularly receive reports of bailiffs misrepresenting their powers, using aggressive and intimidating tactics, and treating vulnerable people unfairly.”
Here is Harriet Cooke’s guide on how to cope with agents trying to recoup money . . .
IF you haven’t paid a bill, councils can pass the debt to bailiffs to recover the money.
Private companies can also use bailiffs if they have taken out a county court judgment against you.
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There are different types of bailiffs depending on the debt to be collected.
But all must stick to strict guidelines when trying to recoup cash.
Before turning up at your home, they must send a “notice of enforcement” and then wait seven days.
At this point, seek out free professional advice from charities such as StepChange or Citizens Advice, who have trained debt advisors.
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These organisations can help you to make an agreement with whomever you owe money to.
If bailiffs are collecting a County Court or High Court judgment you can fill in a form to set up affordable payments with the court and this will stop the bailiffs.
Advisors will be able to help with this.
Don’t delay seeking help, as bailiffs charge hefty fees on top of your debt that can quickly mount up.
You can expect to pay £75 for the notice of enforcement, £235 if they visit and £110 for seizing and selling your goods.
As well as fixed fees, they can also charge a percentage of your debts if you owe £1,500 or more.
Bailiffs knocking?
IF you get a knock at the door from someone who says they are a bailiff or an enforcement agent, ask for proof and why they’re visiting — but lock the doors first, as they are allowed to enter through unlocked doors.
Agents can knock and ask to enter, but some lodge their foot in the door so they can push their way in.
Maxine McCreadie, a personal finance expert at Creditfix, says: “Legitimate bailiffs should carry identification issued by the court or enforcement agency.
“This ID typically includes a photograph, name and details about the court or agency they represent. You should always ask to see this identification and verify it before allowing anyone into your home.”
The most common type of baliff is a Certificated Enforcement Agent.
They chase unpaid rent, council tax, parking fines and child support.
If they have no proof they are an authorised agent or bailiff, tell them to leave and call 999 if they refuse to go.
Check their powers
BAILIFFS can force entry to your home if they’re collecting certain types of debt, including magistrates court fines, income tax or stamp duty.
They aren’t allowed to batter the door down.
If they try to force their way in, they will bring a locksmith with them although this is rare.
Bailiffs need to show you proof of what you owe and a “warrant” or a “writ” from a court.
These documents must be signed, in date and have your correct name and address shown on them.
For other kinds of debt, such as unpaid council tax, credit card or catalogue balances, parking tickets or utility bills, bailiffs can’t force their way in.
If you are disabled, seriously ill, have mental health problems, are pregnant, a pensioner or parent to small children, there are extra protections in place.
You should get more time to make a payment offer and not be visited alone.
Keep them out
ONCE you’ve checked the bailiffs’ ID, ask for a full breakdown of the debt they’re collecting and who it’s owed to.
You’re not liable for someone else’s debt, even if it belongs to your adult child or partner.
If it’s your debt, tell the bailiff to leave and say you’ll speak to a debt charity, and to your creditor to make arrangements to pay.
They’ll normally leave if you tell them to, and you should then make arrangements to repay your debt.
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In your home
IF bailiffs enter your home and you can’t pay the debt, they will try to make a list of goods to auction off to help pay what you owe.
They’ll look for high-value items such as TVs and PS5s.
They can’t take essential items such as your cooker or fridge, or items your use for work worth up to £1,350.
Hiding or selling belongings after a bailiff has visited and has properly listed them is a criminal offence.
But you are allowed to move them before they arrive.
Your car will typically be a top target for bailiffs, so it’s a good idea to move it if you are expecting a visit — ideally to a locked garage of a friend or a family member’s house.
Don’t leave it on a public road because bailiffs often drive around with number-plate recognition devices.
You’ll get a written estimate of how much your things are worth and you can say if you think anything has been undervalued.
After the inventory is made, do your best to reach a repayment agreement with your creditor, otherwise the bailiffs will come back to seize the goods.
They don’t usually take items on the first visit, but can enter by force when they come back to collect the items.
If they don’t sell your items, you can have them returned to you.
But you’ll still need to pay off your debt.
- For debt help you can speak to citizensadvice.org.uk (0800 240 4420) or stepchange.org (0800 138 1111).
- Or find other debt advice charities at moneyhelper.org.uk.
As councils’ use of debt collectors soars by 20%
DAD Tierz Andrews was confronted by bailiffs at his door at 7.30am on a Sunday three years ago.
He was at home in Oxted, Surrey, with his partner and their two pre-school children.
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He says: “I woke up to loud banging from a bailiff, demanding I hand over £500.”
Four years earlier Tierz had a mobile contract and moved to a new provider.
He hadn’t realised the phone contract still had two months to run on it.
He also hadn’t received letters with this information due to moving twice for his work as a chef.
The initial debt of £130 had ballooned to £500 due to bailiff fees.
Tierz, 36, says: “I genuinely had no idea it was owed.
“I had £200 in the house for emergencies.
“I offered that but was told it wasn’t enough and he was going to walk in and take away furniture and my laptop. My kids were crying.
“I was so stressed, I vomited multiple times on the way to withdraw £200 from the cash machine.”
The bailiff agreed to a payment plan for the remaining £100.
“There was no letter to explain they’d be coming,” says Tierz.
“To this day, I shake when the door knocks.
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“I felt like my family was going to be hurt.
“It was terrifying.”
This post first appeared on thesun.co.uk
