BEAT THE BAILIFFS

Beat the Bailiffs

Welcome to Beat the Bailiffs, the home of information on dealing with rogue bailiffs and debt collectors.

As we move into further into the 21st Century the United Kingdom is seeing a dramatic shift from what used to be recognised as public services and public bodies enforcing rules and regulations to a Corporatocracy where private Corporations are attempting to seize power and treat everyone in the UK as debt slaves to the private Corporations.

Some of the most popular Google info pages:

Hence we are seeing a system where more and more private companies are being contracted to control public service. So Bailiffs that used to visit with powers bestowed on them by the courts are being replaced by Private Debt Collectors, in many instances, with no power whatsoever and totally unregulated.

With this site we aim to steer the unsuspecting victims of this Corporate abuse through the maze of rules and regulations that in many cases are being circumvented by the private debt collectors.

So lets start with, what is a bailiff?

There are different kinds of bailiffs, known as:

‘certificated enforcement agents’ - A bailiff needs to be certified to "levy distress" or take goods.
‘high court enforcement officers’ - Many companies print "High Court" on their letter heads. This is rarely accurate.
‘county court and family court bailiffs’ - If they work directly for the Court, they have delegated power of the court.
‘civilian enforcement officers’- They can ask you to pay, but have none of the authority of a real bailiff.

You usually do not have to open your door to a bailiff or let them in.

Many companies like print "High Court Enforcement" on their letter heads. They get away with doing this because some of their staff are registered as High Court Bailiffs, but the companies are rarely acting in this capacity when dealing with the public. A High Court Bailiff is only acting as such when he has a High Court Writ with HIS name on it.

Bailiffs cannot enter your home:

by force, for example by pushing past you
if only children under 16 or vulnerable people (with disabilities, for example) are present
between 9pm and 6am
through anything except the door

Bailiffs are allowed to force their way into your home to collect unpaid criminal fines, Income Tax or Stamp Duty, but only as a last resort.

If you do not let a bailiff in or agree to pay them:

they could take things from outside your home, for example your car

If you do let a bailiff in but do not pay them they may take some of your belongings. They could sell the items to pay debts and cover their fees. They will attempt to get you to sign a "walking possession agreement". If you sign one of these under duress you can put the letters V.C. before your signature to indicate that you were forced to sign and therefore the document is null and void.

Check the bailiff’s identity

Before you let a bailiff in to take your things or pay them, ask to see:

proof of their identity, such as a badge, ID card or enforcement agent certificate
which company they’re from
a telephone contact number
a detailed breakdown of the amount owed

You can also check if they are on the Certified Bailiff Register.

Anyone who claims to be a bailiff and isn’t one is committing fraud.

To check a bailiff’s identity, find out what kind of bailiff they are from their proof of identity and then:

CHECK THE REGISTER of certified bailiffs if they say they’re a certificated enforcement agent (Contact the Civil National Business Centre ) if you have a question).
CHECK THIS LIST if they say they’re a High Court enforcement officer.
CONTACT THE COURT that sent them if they say they’re a county court bailiff, family court bailiff or a civilian enforcement officer.

What can bailiffs take?

If a bailiff enters your home (through either peaceful or forced entry) they’ll be able to seize goods using a Controlled Goods Agreement. This basically involves the bailiff going around your house and taking an inventory of any of your belongings they’re allowed to take, along with a description of the item, its serial number and the manufacturer’s name.

Items a bailiff can seize include (but are not limited to):

Your vehicle – this will usually be the first thing a bailiff looks at, but if, for example, you’re a courier or tradesman who needs their vehicle for work, you might be able to keep it. Bailiffs aren’t allowed to seize any vehicle vital to your job worth under £1350, but if it’s worth anything over this they may take it.
Electrical luxuries/gadgets – These tend to be things like televisions, games consoles, computers, laptops or other electrical gadgets. Remember, bailiffs only want a to seize things that are likely to sell at auction so they can recover the debts, which is why valuable items like this are high on a bailiff’s list.
Jewellery
Furniture

Items a bailiff can’t seize include:

Hire purchase vehicles – if you’ve still got payments outstanding on a vehicle you’ve hired, a bailiff won’t be allowed to take it.
Anything that’s essential to your day to day living – this means that anything that lights or heats your house is out of bounds, as well as any mobile or landline phones. Bailiffs also aren’t allowed to touch things like cookers, microwaves, washing machines, clothes, bedding or medical equipment.
Anything that’s essential to your job or study up to a value of £1350 like tools, books etc.
Valuables that aren’t owned by you (if you’re living with someone else the person may have to prove that the possessions belong to them with receipts, confirmations of purchases etc.)
Pets
Fixed or fitted items like kitchen units
Tables and chairs if you don’t have any others in the house (or enough for everyone who lives in the house)

Once the inventory of all the repossessed items has been completed, both you and the bailiff will have to sign the Controlled Goods Agreement. You can ask someone to sign it on your behalf (you’ll get a copy) if you’re not present for the repossessions, but the person will have to be aged over 18. If you refuse to sign it the bailiff will simply repossess your items.

Depending on whether or not the repossessed items will cover your outstanding debt, you might have to come to a payment agreement with the bailiff to repay the outstanding balance owed.

What fees can bailiffs charge?

As you might imagine, different types of bailiffs will charge different fees in order to carry out their work. These include:

County Court bailiff fees:

Compliance stage £75 (plus an extra 7%)
Enforcement Fee £235 (+7.5% if over £1500)
Sale/Disposal Fee £110 (+7.5% if over £1500)

High Court bailiff fees:

Compliance £75
First Enforcement stage £190 (+7.5% if over £1000)
Second Enforcement stage £495
Sale £525 (+ 7.5% if over £1000

Bailiffs are now called - Enforcement Officers

Can Police help the bailiffs?

Police have two rolls. One is as a Police Officer (Corporate) and the Other is a Police Constable:

Demand for money?

Whenever someone sends you a demand for money, be it a bailiff a debt collector, or anybody that thinks you owe them money, you should not "ignore" the demand. Under the Civil Procedure Rules that govern the Civil Courts in the UK - if you ignore it, you confirm that you owe it. Bizarre, but that's the rules. So whenever you get a demand for money you are unsure about, dispute it. Ask for proof that you owe it. If it is a genuine debt, the company or person sending the demand will simply send back the proof of contract. The single letter template can be used on ANY debt:

I Should Just Ignore it, Right?

No! Never ignore a demand for money made against you. This is what the companies want you to do! They spend a fortune paying trolls to infiltrate advice groups to give out this bad advice. The longer it goes on, the more evidence they gain that you did not respond to their demand and under the Civil Procedure Rules that govern the courts,:

if you ignore it, you admit that you owe it. They have you on an "implied contract".

Bailiffs cannot "levy distress" on a Vulnerable Person

If you are Vulnerable, simply send the Vulnerable Person Letter to both the Bailiffs Head office and the Creditor. The Bailiff is not allowed to "levy distress" (threaten to take goods) if you are Vulnerable. Many dishonest bailiffs ignore this and carry on picking on the most vulnerable until somebody writes to the Head Office and notifies them. They risk losing their licence if they continue to threaten a vulnerable person, so this is a very effective way of stopping bailiff action. Video them if they turn up after being notified in writing, this makes good evidence for prosecuting them later.

Criminal Fine Bailiff

Bailiffs chasing Criminal Court fines can break into your home, but only as a last resort. See our information on dealing with Bailiffs for Court fines.

Council Tax Bailiffs

The collection of Council Tax in the UK is one example where, what we used to recognise as a public service, has been taken over and power delegated (illegally) to private companies. You can read up on HOW TO DEAL WITH COUNCIL TAX BAILIFFS HERE.

The whole procedure of Council Tax "enforcement" in the UK appears to have skipped quite a lot of the Legal steps that are normally required. Read about how COUNCIL TAX IS ILLEGAL HERE.

The FOUR Letter process

for getting the Council to take the "debt" back from the FAKE bailiffs:

Private Parking Dispute

Many private Carparks are attempting to fine people who overstay or do not pay and display on private land. The Parking Charge Notice they send it claiming that they are owed money for "breach of contract", but there simply is NO CONTRACT. A private company who is not in legal possession of land has no right to issue fines. They have suffered no loss due and are simply attempting to generate huge revenues from people who are not aware of their terms and conditions when they park. Most of these cases can be stopped by simply disputing the "PARKING CHARGE NOTICE" when it arrives in the post. If it is "ignored" then it could easily change from being a simple notice to pay to a County Court Judgement being issued against you!

The notice that stops Council and Private parking contractors being able to "fine" you for parking on a carpark. This notice positioned near the number plate lets companies know that you do not agree to their terms and conditions and you are not entering into a contract. When take to court the basis for the fine is "breach of contract".

Read the basis for Councils have not been able to apply fines for people "squatting" their carparks.

GET YOUR STICKERS HERE!

Council PCN Bailiff

Many private companies are now chasing fines for PCN's (Penalty Charge Notices). See our page on dealing with bailiffs contracted by the Council to chase these "Notices". COUNCIL PCN BAILIFF.

Debt Buyers

The process of selling debts has been on a massive increase in recent years and these private Corporations doing the buying and selling are not sticking to the rules, regulations and laws. DISPUTE DEBT BUYERS WITH THE 3 LETTER PROCESS. You can also fight them when they have obtained a County Court Judgement or have made an application for one. FIGHT DEBT BUYERS IN COURT. In order to increase profits, these companies are buying huge amounts of debts for pennies in the £. Thereby paying people's debts for them. They skip all the legal steps of getting a "Deed of Assignment" and pursue people for money they no longer owe. There is NO contract to pay the debt buyer!

Defence Explained

Example Wins

Bailiffs Clamping Cars

In most instances a bailiff cannot break into your home, so the easiest thing for him to target is a motor vehicle parked outside your home. Read how to deal with Bailiffs when they have clamped your car.

Complain about a bailiff

General Data Protection Regulation

New for 2018 - The General Data Protection Regulation. This new European legislation is a massive boost for people's right to stop companies breaching Data Protection and passing your information without your knowledge or consent. You can now ask the companies for ALL of your Data, FREE of Charge. You can also ask them to STOP processing your data!