General Advice Regarding Bailiffs

This is general advice if you have Council Tax or Community Charge arrears and may have bailiffs calling at your home.
If a bailiff has contacted you to collect another sort of debt the law might be different, contact Credit and Loan Management Ltd for advice on 0800 0727 844.

Check that the bailiff is certificated.  www.hmcourts-service.gov.uk
If the bailiffs have not been into your home before to collect this debt, they have no right to come in.
They cannot break in. You can choose not to let them in.
Don't open the door to them as they may try to push past you.
If they get inside, they may have the right to enter again and may break in to take your goods.
Don't leave windows open or doors unlocked – bailiffs can legally get through these.
Bailiffs cannot get the police to help them break in.
Some bailiffs may leave you a phone number, and arrange to come round to ‘have a chat’.
Don't let them in, no matter what they say, even if it's only to use the toilet or make a phone call.
It’s illegal for bailiffs to break into sheds, garages, greenhouses.
Keep valuables safe.
They may be able to take cars, motorbikes and other vehicles parked near your home so lock them in a garage.
Refuse to let the bailiffs in.
Offer what you can afford to pay.
If the bailiff leaves papers for you to sign and return, don't sign anything.

If bailiffs have already been inside your home, this is more serious.
They then have the right to return to your home and if you don't let them in, they are allowed to break in.
Contact the bailiff straight away and make an offer to pay the debt by instalments.

Bailiffs are not allowed to take goods that are rented or hired.
The regulations state the following items are exempt and cannot be taken:

Tools, books, vehicles and other items of equipment as are necessary for use personally in employment, business or vocation.
Clothing, bedding, furniture, household equipment and provisions as are necessary for satisfying basic domestic needs of the person and family.
Bailiffs may have a different idea of what items are necessary for you to keep and what they can take.


Bailiffs' charges for Council Tax from APRIL 2007

For a visit to your home where no entry is made and a list of goods is not made (i.e. a levy is not made)   
£24.50 for a first visit (£22.50 in Wales)
£18.00 for a second visit (£16.50 in Wales)
No further charges for further visits   

For making a levy (i.e. where the bailiffs gain peaceful entry and make a list of goods)   
£24.50 (£22.50 in Wales) for the first £100 or less
4% for the next £400
2.5% for the next £1,500
1% for the next £8000
0.25% for any additional amount.

If you’re having trouble with bailiffs or have any other debt problems. Post a comment on the blog or telephone Credit and Loan Management Ltd for free advice on 0800 0727 844, we will be happy to help.

Post Judgment Interest.

A customer  who had been taken to court prior to being in a debt management plan, contacted Credit and Loan Management Ltd for advice.  The creditor had obtained a county court judgement against the customer, but was adding on post judgement interest.  This meant the balance was increasing.

Credit and Loan Management Ltd recommended the customer make a formal complaint.

Credit and Loan Management Ltd drafted the complaint letter, stating the customer believed the debt collection company was not managing the account as per the Terms & Conditions of the credit card agreement by adding post judgment interest.

The customer requested the debt collection company either provide a copy of the signed agreement containing the clause which legally allows them to add post judgement interest or remove all the post judgement interest immediately and to confirm in writing that this has been done.

If the debt collection company does not comply, they could be acting illegally and a complaint could then be forwarded to (FOS) Financial Ombudsman Service.

We await the debt collection company’s decision.

If you're having post judgement added to a county court judgement or any other debt problems. Post a comment on the blog or telephone Credit and Loan Management Ltd for free advice on 0800 0727 844, we will be happy to help.