Bailiffs are threatening to visit, what can they take?

Quick Answer

Bailiffs can only take certain goods and must follow strict rules. They cannot take items exempt by law (basic household essentials, tools of trade up to £1,350, a vehicle needed for work). They must give prior notice and cannot force entry on a first visit for most debts.

The rules on bailiff (enforcement agent) visits depend on the type of debt being enforced. There are broadly three types: county court bailiffs (High Court Enforcement Officers), local authority enforcement agents (for council tax), and HMRC enforcement agents.

For most debts, enforcement agents must give you at least seven clear days' written notice (the "Notice of Enforcement") before visiting. They cannot break into your home or force entry on a first compliance visit for most consumer debts. They can enter through an unlocked door or a door that has been opened to them, but should not force their way in.

Goods that are protected from seizure include: items necessary for basic domestic use (beds, white goods, a cooker, a table and chairs); tools, books, vehicles, and equipment necessary for work up to £1,350; the vehicle of a disabled person; goods belonging to third parties; and rented goods.

Goods that can be seized and sold include: any non-exempt personal property belonging to you with sufficient value to cover the debt.

However, if you let them in and they "take control" of goods (by walking round and making a list), those goods are then under their control even though left with you. If you then remove or damage them, you commit a criminal offence.

Check the type of debt and the credentials of the enforcement agent. Private debt collectors claiming to be bailiffs have no enforcement powers. Legitimate enforcement agents must carry and show written authority to act.

Relevant legislation

  • • Tribunals, Courts and Enforcement Act 2007
  • • Taking Control of Goods Regulations 2013
  • • Taking Control of Goods (Fees) Regulations 2014

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