Before comparing loans at MoneySupermarket.com, borrowers are advised to consider their financial circumstances very carefully. Unfortunately, many people have fallen into debt – a problem that is rapidly being made worse by the challenging economic conditions. If borrowers fail to keep up with loan repayments, some might find bailiffs knocking at their door.
A reality for many thousands of households in Britain, the prospect of bailiffs arriving at a home to take possession of the personal property is undoubtedly upsetting. Bailiffs usually only make an appearance when debts have spiraled out of control, so avoiding them is possible by managing debt before it becomes too great a problem.
Some would argue that bailiffs are tasked with one of the worst jobs in the country. They make direct contact with debtors to seize personal possessions by entering the home and taking whatever they please (within reason, that is – there are limits on what items can be seized).
Most bailiffs are called to take possession of goods belonging to criminal debtors (those who fail to pay court-ordered fines or penalties for offenses such as assault and prostitution). That bailiff is required to deal with such people will come as little consolation to ordinary members of the public who find them at their doorstep after running into financial difficulties.
What Can Bailiffs Do?
Because of their reputation for intimidation and hostility, bailiffs are often regarded as conniving, brutish ogres who will stop at nothing to gain entry to a property and seize possessions. Members of the public tend to be wary of bailiffs, whose efforts to get the job done sometimes exceed the limits afforded to them by the law.
The golden rule for any person who is struggling with debt problems is to never let bailiffs inside the home unless they are acting on behalf of HM Revenue & Customs (HMRC), which can obtain a warrant enabling bailiffs to force entry to a home.
Bailiffs working for private firms can also obtain a warrant to enter a property and seize personal possessions, but only if entry is peaceful. Methods used by some bailiffs often go beyond what would be considered peaceful by a court.
What Is Peaceful Entry?
A peaceful entry is essentially an unforced entry. The occupier of a home need not invite a bailiff inside for tea and biscuits for access to be peaceful. Bailiffs who have a Warrant of Execution from a County Court can enter a property through an unlocked door or by climbing in through an open window.
A problem occurs when bailiffs attempt to cajole or trick their way into a home, perhaps by informing the occupant that entry is required by law. Of course, this is simply not the case. Peaceful entry is permitted, but the occupant is not obliged to let the bailiff inside. If no peaceful means of entry is available to the bailiff, he will not be able to enter the property.
Bailiffs are not allowed to force entry if the occupant opens the door to them. Sliding a foot in the door or barging past the debtor is by no means peaceful. Unfortunately, once a bailiff gains entry to a home he will be able to re-enter at any point in the future using force if necessary. Bailiffs can seize any item owned by the debtor, including a car (unless it is subject to a hire-purchase agreement), but bedding, clothing, and essential items of household equipment such as the fridge or oven cannot be taken.
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