Trying to sort out a problem with a bailiff can be difficult. Get advice about your situation from a specialist debt adviser. The information on this page is as a guideline only.
Problems
The bailiffs have taken something they are not allowed to
There are certain items that bailiffs are not allowed to take. They can generally seize any goods except: enough clothing, bedding, furniture and household equipment to meet the basic needs of you and your family, and tools, books, vehicles and other equipment needed for your work.
A car will generally be viewed as needed for work only if you couldn’t do your job without it and there is no reasonable alternative.
If a bailiff has taken one of these exempt goods then you might be able to make a County Court claim against them. This could mean that you get the goods back, or the money equivalent, and you may also receive some compensation.
You could also consider the following options for complaint (details below):
- Complaining to the person or organisation that the bailiff is acting for
- Complaining to the Local Government Ombudsman
- Complaining to the bailiff’s professional body
- Complaining to the Court that ordered the bailiff to collect the debt
The bailiffs have taken something that belongs to someone else
Bailiffs can only take goods that belong to the debtor. They cannot take goods that belong to other people in your home such as your children. They cannot take rented goods. They cannot take goods that are still subject to Hire Purchase or Conditional Sale Agreement, as these are owned by the finance company until you have made the last payment. They can take goods owned jointly by the debtor and another person but they must pay the other person their share of the money from any sale.
The bailiff will probably ask you to prove that the goods belong to someone else. You could do this, for example, by asking the other person to show the bailiff a credit agreement in their name, their credit card statement, their cheque book stub etc. Unless you can prove that the goods belong to someone else, the bailiff may not accept your word.
Only bailiffs recovering rent arrears on behalf of a landlord can take goods from the rented home that do not belong to the debtor.
To get the goods back or receive financial compensation for the goods that have been wrongly taken, you may be able to negotiate with the bailiffs directly, or you may have to take legal action. This area of law can be complicated, so you should get advice from an experienced Debt Adviser:
You could also consider the following options for complaint (details below):
- Complaining to the person or organisation that the bailiff is acting for
- Complaining to the Local Government Ombudsman
- Complaining to the bailiff’s professional body
- Complaining to the Court that ordered the bailiff to collect the debt
The bailiffs have forced their way into my home
In most cases you have the right to refuse to open the door to the bailiffs. They cannot push you aside to get in. If a bailiff does try to push past you, you can use reasonable force to resist. A bailiff could get in if you have left the door or a window open.
Note: Bailiffs collecting income tax for the Inland Revenue and bailiffs enforcing criminal fines through the magistrates court can force entry into your home or place of work without having been in before. All other bailiffs can only force entry if they have already been in.
If the bailiffs have forced their way into your home against your will then you may be able to take court action to reclaim the goods that they have taken. This can be complicated, get advice from an experienced Debt Adviser:
You could also consider the following options for complaint (details below):
- Complaining to the person or organisation that the bailiff is acting for
- Complaining to the Local Government Ombudsman
- Complaining to the bailiff’s professional body
- Complaining to the Court that ordered the bailiff to collect the debt
The bailiffs have behaved in a violent manner
It is rare that this happens, but if you feel that a bailiff has been violent towards you, you should contact the police.
You may also be able to claim personal injury compensation if you have suffered an injury as a result of the actions of the bailiffs. If you think this applies to you, you should get advice about how to claim personal injury compensation:
You could also consider the following options for complaint (details below):
- Complaining to the person or organisation that the bailiff is acting for
- Complaining to the Local Government Ombudsman
- Complaining to the bailiff’s professional body
- Complaining to the Court that ordered the bailiff to collect the debt
The bailiffs are harassing me
If the bailiffs wrongfully threaten you with arrest or imprisonment, threaten to call the police if they have no reason, use offensive language, talk to your neighbours about your debts, or purposefully call round when only children are at home, then they may be harassing you.
You can consider the following options for complaint (details below):
- Complaining to the person or organisation that the bailiff is acting for
- Complaining to the Local Government Ombudsman
- Complaining to the bailiff’s professional body
- Complaining to the Court that ordered the bailiff to collect the debt
The bailiffs have charged fees that are too high or are unfair
The fees that bailiffs charge can often seem high and unfair. Bailiffs are required to follow guidelines when they charge fees. The way in which these guidelines apply can be complicated so get advice from a Debt Adviser about the fees you can be charged.
If you feel that the bailiffs have charged you more than they should have - (or where the guidelines state that a ‘reasonable charge’ should be made you think that the charge is unreasonable) you may be able to get the charge reduced. The first course of action is normally to contact the bailiffs and explain why you think they have charged you too much. If the bailiffs do not agree to reduce the charges then you may wish to complain to the Court that ordered the bailiffs to collect the debt (see below).
You may be able to take court action to get the fees reduced. This can be a complicated procedure and you should get advice.
You can also consider the following options for complaint (see below):
- Complaining to the person or organisation that the bailiff is acting for
- Complaining to the Local Government Ombudsman
- Complaining to the bailiff’s professional body
The bailiffs say I owe more money than I think I do
This area of law can be complicated, the action you should take depends on what type of debt you owe and what action the bailiffs have taken so far. You should seek advice about what to do in this situation from an experienced Debt Adviser.
The bailiffs say I owe a debt that I do not owe
This may be because you have already paid the debt, or because the details they have are for someone who does not live at your address.
If you have already paid the debt you should send proof of this payment to the bailiffs explaining that you have already paid the money owed. You should also send a copy of this letter to the creditors (the person or organisation that the bailiffs say you owe the money to). It may be worth checking with your bank to make sure that the payment has been made.
If the person who owes the debt does not live at your address you should also send a letter to the creditors explaining this, and send a copy of this letter to the bailiffs as well.
If the bailiffs still continue to ask you to pay the debt then you should seek advice from an experienced Debt Adviser.
Complaints procedures
Complaining to the person or organisation that the bailiff is acting for
You may want to complain to the person or organisation that asked the bailiff to recover your goods (the creditor). For example, if the bailiff has come to your home because of unpaid Council Tax the creditor would be Manchester City Council. A complaint may not help to get your goods back or to get fees reduced, but it will alert the creditor to any problems with the bailiffs they use.
Complaining to the Local Government Ombudsman
If the creditor that has instructed the bailiffs is Manchester City Council you may wish to complain to the Local Government Ombudsman. You should only do this after you have complained to the City Council and are not satisfied with the response you have received.
Complaining to the bailiff’s professional body
Most bailiffs belong to a professional organisation and each organisation has a complaints procedure that you can use. Again, this may not help you to get your goods back or your fees reduced, but you may, if appropriate, be able to claim some compensation. It will also alert the organisation to any problems with the bailiffs in question.
Complaining to the Court that ordered the bailiff to collect the debt
You may also wish to complain to the Court that ordered the bailiffs to collect the debt. This will either be the County Court, Magistrates Court or High Court, depending on the type and amount of debt that the bailiffs are collecting. For some debts, including Council Tax and Parking Fines, the bailiff must be ‘certificated’. This means that they must have a certificate from the court and that they are not allowed to collect these types of debt without one. By complaining to the court you may be able to get the bailiff’s certificate removed.
Need more help? Live in Manchester? Send us an email or book an appointment with the Online Adviser
Information on other websites
Court Service
Has a leaflet on bailiffs
CLS Direct
Has information about bailiffs in its dealing with debt leaflet
National Debtline
Has a Bailiffs and Council Tax factsheet
The Department for Constitutional Affairs
Has produced a paper called: National Standards for Enforcement Agents. This contains a lot of detail about how bailiffs should behave.
Need more help? Live in Manchester? Send us an email
Information Provider:
Manchester Advice
Date Written:
21 April 2005
Date Reviewed:
24 March 2006
This information is for guidance only and is not an authoritative statement on the law. Please read our Terms and Conditions.
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