Can Bailiffs enter your House when you are not there?
A question that is often asked in relation to repossessions is can bailiffs enter your house when you are not there? This is not a straightforward answer.
First of all, a bailiff must give you advanced warning of their intended arrival date. If you are not there on that particular date, obviously you cannot give them access. A bailiff does not have the right to enter your property unless you invite them in or if they have the appropriate warrant form the courts. They cannot force entry unless they have a warrant and must do so with the help of a locksmith. They must not cause any more damage to the property than is necessary. They can also only enter the property between certain times and this curfew cannot be broken.
So what can we learn from this information? You are under no legal obligation to let a bailiff into your home unless they have obtained the relevant paperwork from the court. If you are not home, then you can’t let them in. If they do force entry and make an inventory of goods that they intend to take then you have to sign it first before it can be removed. Also, if you are not at the property the bailiff may include items which are not yours, which they are not allowed to take, so they will have had a wasted journey.
The short answer is yes, a bailiff can enter your house if you are not there, but they would not have a fruitful visit and they could jeopardise their jobs by doing so.
Bailiffs at my Door for someone else
A frequently asked question is in relation to other people’s debts. If bailiffs are at my door for someone else, what do I do? If the person does live there but they are unavailable then you can ask the bailiff to leave and you will pass on the message. You do not have to let them into your home. If it is for a person that lived at the address previously then you can give the bailiffs forwarding address details if you know them. You could also ask the bailiff for the details of the company that issued the demand so you can contact them and ask for your details to be removed from their system, or ask them to do it for you.
Can Bailiffs enter my Parent’s House?
In a similar vein, Can bailiffs enter my parent’s house?is another concern. The debt is your responsibility and yours alone. If it gets to a stage where the bailiff seeks a court order to gain entrance, they will not take your parent’s possessions but they could enter the house in order to get access to your possessions instead. Hopefully, a more peaceful outcome can be reached before this becomes a reality.
Can Bailiffs enter your property without permission?
Perhaps the question that is asked the most often is, Can bailiffs enter your property without permission? The answer to that is both yes and no;
If they have entered the property on a previous occasion via ‘peaceable means’
If they have a court-issued warrant to gain access
Collecting taxes for HMRC or collecting unpaid court fines give them permission to enter without your approval
If they can gain entry without using force such as through an unlocked door
If there is a child under the age of 16 on their own in the house
*Up to 85% of debt can be written off in some individual cases. Depending on your own situation, the amount which can be written off will vary from person to person. Realistic levels of debt to be written off are between 20% and 85%, however this depends on your current credit policy, income and personal assets.
Your information will be passed to a third party organisation working on a model of none advice. These advisors will be able to talk through IVA (Individual Voluntary Arrangement) opportunities with people within England, Wales and Northern Ireland. Help can only be offered following a thorough fact-finding process. When an individual meets the required criteria for an IVA, advice can then be provided.
Help and advice given will be through registered insolvency practitioners with all necessary expertise. Debt Advisory Service, along with any third-party organisations, will not give advice with regards to Debt Management Plans (DMPs). Professional debt counselling and credit services are available free of charge from specialist Money Advice Services.
If Debt Management is the option you want to proceed with, All advice will be provided by the Debt Management company.