Bailiff/Debt Collector query

I know debt collectors aren't allowed to gain entry & seize assets, but are Bailiffs allowed?

I read somewhere that Bailiffs are only allowed to gain peaceful entry & seize possessions for debts such as Council Tax, Criminal Fines, etc'. IE - Government type fines.

If worst case scenario arises, are Bailiffs able to gain entry to seize/take personal possessions for unsecured loan debts, such as Credit Cards, Catalogue, loans, etc'?

I'm on a long term DMP plan, am getting the odd default warning letter, and am getting concerned about future Bailiff attendance.

Comments

  • sourcrates
    sourcrates Posts: 31,062 Ambassador
    Part of the Furniture 10,000 Posts I've been Money Tipped! Name Dropper
    edited 24 August 2022 at 7:09PM
    You have an extremely effective bailiff repellent device, built into your home, its called your front door.

    Simply keep it locked, that`s it.

    Bailiffs can only gain peaceful entry to commercial premises, not residential, unless they are chasing court fines, or performing an eviction, certainly not for consumer credit act related debts.

    You are overthinking the enforcement process a tad here, if your on a DMP, then no one will be taking legal action against you, which is what`s required before a bailiff can attend, and they are usually not the first enforcement weapon of choice for a creditor.

    No one is interested in your second hand goods either, unless you have a Picasso or two your hiding in the loft, put all thoughts of legal action and bailiffs out of your mind, it ain`t gonna happen.

    Defaults are good, in your situation, it gives you a clear 6 year window before your credit file recovers, defaults are par for the course in a DMP, doesn't mean you`ll be on "can`t pay, we`ll take it away" next week !!!!
    I’m a Forum Ambassador and I support the Forum Team on the Debt free wannabe, Credit file and ratings, and Bankruptcy and living with it boards. If you need any help on these boards, do let me know. Please note that Ambassadors are not moderators. Any posts you spot in breach of the Forum Rules should be reported via the report button, or by emailing forumteam@moneysavingexpert.com. All views are my own and not the official line of MoneySavingExpert.For free non-judgemental debt advice, contact either Stepchange, National Debtline, or CitizensAdviceBureaux.Link to SOA Calculator- https://www.stoozing.com/soa.php The "provit letter" is here-https://forums.moneysavingexpert.com/discussion/2607247/letter-when-you-know-nothing-about-about-the-debt-aka-prove-it-letter
  • Thanks a lot for your reply, Sourcrates.

    You've saved me a lot of worry.
  • fatbelly
    fatbelly Posts: 22,561 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Cashback Cashier
    The debt scenarios where bailiffs are allowed to force entry is very limited - criminal fines in the magistrates court.

    e.g. for council tax, Bailiffs are not allowed to force entry. They must enter peaceably by being invited in or through an unlocked door
  • Rob5342
    Rob5342 Posts: 2,285 Forumite
    1,000 Posts Third Anniversary Name Dropper
    I'm on a debt management plan and most of my debts have defaulted. It's a normal part of the process and as Sourcrates says it's a good thing as you know when they will drop off your credit report. All that's happened with mine is that they have been bought by debt collectors and I've made the same payments to them instead. Debt collector is a bit of a scary name, but their powers are no different to the company that owned your debt to begin with.

    Remember a bailiff will only get involved if you've been issued a CCJ and haven't kept up the repayments on it. It's always possible that creditors could apply for a CCJ, but they are not all that likely to as it would be cost and hassle for them and they would probably only get the same monthly payments from you. Bailiffs are the very last resort and only likely if you completely ignore your debts and never pay anything.  
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