Types of Bailiff
Private Bailiffs (certified bailiff)
A County Court judge supplies a certified bailiff with a certificate lasting just two years. In order to obtain the certificate the applicant must demonstrate that he is a “fit and proper person” to hold the certificate, prove that they are not in the business of buying debts and that they have adequate knowledge of the law of distress. They must undertake a criminal records check, a County Court Judgment (CCJ) check, provide two references and also a security bond of £10,000 (usually being an insurance bond). Once the applicant has received the certificate it authorises them to levy distress anywhere in England and Wales.
A certified bailiff is not employed by the court nor are they an officer of the court. However, they are viewed as representatives of the court because they act under the certificate issued by the court. Because of this the court sets out strict standards of competence and conduct for Certified Bailiffs.
Only certified bailiffs can carry out the distress for council tax, non-domestic rates and parking fines, rent and child support agency arrears etc.
County Court Bailiff
County Court bailiffs are civil servants employed by the County Courts. They enforce County Court Orders and Judgements. These bailiffs are managed by senior staff at the County Court but they are responsible to the District Judge for their actions (for further info see section 123 of the Courts act 1984).
High Court Enforcement Officers
In this country there are only approximately 70 High Court Enforcement Officers. These are private sector bailiffs appointed to enforce High Court orders and any County Court order that has been transferred to the High Court for enforcement.
Bailiff Rights
Bailiffs do not have the right to force their way into an individuals’ home to seize goods. They only have the right of peaceful entry, peaceful entry constitutes as entering through an unlocked door, an open window even if a fence/gate has to be climbed over to reach it. They cannot damage property i.e. break a window / door. The ONLY exception to this is if the bailiff is from the Collector of Taxes (HMRC), they can get a warrant to force entry but this is very, very rare.
There is NO law that states entry has to be given to the bailiff and he is not allowed to force his way past the debtor to gain entry. They will however use ingenious methods to try and gain entry, asking to use the toilet etc.
There is a code of conduct for levies:-
· Unlawful force should not be used to enter premises
· If the only person present is under 18, the bailiff must depart but they are allowed to ask when the debtor will return. If there is only children 12 or under present the bailiff must simply leave.
· If the police are present, it will simply be to deal with breach of the peace and not assist with the levy. This must clearly be explained.
· Bailiffs should not disclose the purpose of their visit to anyone other than the debtor. Relevant documents should be left for the debtor in a sealed envelope.
· Visits should ideally be made between 6am and 9pm. Visits should not take place on Sundays, Bank Holidays, Good Friday or Christmas Day unless a court permits. Respect for other religions and cultures should be upheld and visits avoided on appropriate festivals and holidays.
· Goods that are clearly those of a child should not be seized.
· Bailiffs should take all reasonable steps to satisfy themselves that the values of the goods seized is proportional to the debt and charges owing.
· A receipt must be given to the debtor when goods have been removed.
· The debtor must be notified of the fees on each visit and of the fees that will be accrued if further action takes place.
Exempt Goods
There are several goods that bailiffs are unable to seize (except bailiffs acting on behalf of the Magistrate’s Court). These constitute goods that are deemed necessary to meet the basic domestic needs of the debtors family such as cooker, clothing, bedding etc. They are also unable to levy on items that are required for use in employment, business or vocation such as tools, goods or vehicles.
It is unlawful to hide or remove goods prior to a bailiffs visit.
Goods that don’t belong to the debtor
If a bailiffs visit is imminent it is wise for the debtor to get proof that the goods do not belong to them. Photographic evidence is also useful at this point, along with a list. Goods that are on Hire Purchase (HP) do not legally belong to the debtor until the final payment has been made BUT there may be circumstances in which these can be seized.
If the bailiff seizes goods that do not belong to the debtor the owner of the goods can then apply for the goods to be returned.
This is a very grey area and advice needs to be sought urgently by the debtor.
Overview
There are lots of grey areas where bailiffs are concerned, it is imperative that the debtor seeks advice.
If the premises are solely commercial rights of entry change and entry can be forced.
Private Bailiffs (certified bailiff)
A County Court judge supplies a certified bailiff with a certificate lasting just two years. In order to obtain the certificate the applicant must demonstrate that he is a “fit and proper person” to hold the certificate, prove that they are not in the business of buying debts and that they have adequate knowledge of the law of distress. They must undertake a criminal records check, a County Court Judgment (CCJ) check, provide two references and also a security bond of £10,000 (usually being an insurance bond). Once the applicant has received the certificate it authorises them to levy distress anywhere in England and Wales.
A certified bailiff is not employed by the court nor are they an officer of the court. However, they are viewed as representatives of the court because they act under the certificate issued by the court. Because of this the court sets out strict standards of competence and conduct for Certified Bailiffs.
Only certified bailiffs can carry out the distress for council tax, non-domestic rates and parking fines, rent and child support agency arrears etc.
County Court Bailiff
County Court bailiffs are civil servants employed by the County Courts. They enforce County Court Orders and Judgements. These bailiffs are managed by senior staff at the County Court but they are responsible to the District Judge for their actions (for further info see section 123 of the Courts act 1984).
High Court Enforcement Officers
In this country there are only approximately 70 High Court Enforcement Officers. These are private sector bailiffs appointed to enforce High Court orders and any County Court order that has been transferred to the High Court for enforcement.
Bailiff Rights
Bailiffs do not have the right to force their way into an individuals’ home to seize goods. They only have the right of peaceful entry, peaceful entry constitutes as entering through an unlocked door, an open window even if a fence/gate has to be climbed over to reach it. They cannot damage property i.e. break a window / door. The ONLY exception to this is if the bailiff is from the Collector of Taxes (HMRC), they can get a warrant to force entry but this is very, very rare.
There is NO law that states entry has to be given to the bailiff and he is not allowed to force his way past the debtor to gain entry. They will however use ingenious methods to try and gain entry, asking to use the toilet etc.
There is a code of conduct for levies:-
· Unlawful force should not be used to enter premises
· If the only person present is under 18, the bailiff must depart but they are allowed to ask when the debtor will return. If there is only children 12 or under present the bailiff must simply leave.
· If the police are present, it will simply be to deal with breach of the peace and not assist with the levy. This must clearly be explained.
· Bailiffs should not disclose the purpose of their visit to anyone other than the debtor. Relevant documents should be left for the debtor in a sealed envelope.
· Visits should ideally be made between 6am and 9pm. Visits should not take place on Sundays, Bank Holidays, Good Friday or Christmas Day unless a court permits. Respect for other religions and cultures should be upheld and visits avoided on appropriate festivals and holidays.
· Goods that are clearly those of a child should not be seized.
· Bailiffs should take all reasonable steps to satisfy themselves that the values of the goods seized is proportional to the debt and charges owing.
· A receipt must be given to the debtor when goods have been removed.
· The debtor must be notified of the fees on each visit and of the fees that will be accrued if further action takes place.
Exempt Goods
There are several goods that bailiffs are unable to seize (except bailiffs acting on behalf of the Magistrate’s Court). These constitute goods that are deemed necessary to meet the basic domestic needs of the debtors family such as cooker, clothing, bedding etc. They are also unable to levy on items that are required for use in employment, business or vocation such as tools, goods or vehicles.
It is unlawful to hide or remove goods prior to a bailiffs visit.
Goods that don’t belong to the debtor
If a bailiffs visit is imminent it is wise for the debtor to get proof that the goods do not belong to them. Photographic evidence is also useful at this point, along with a list. Goods that are on Hire Purchase (HP) do not legally belong to the debtor until the final payment has been made BUT there may be circumstances in which these can be seized.
If the bailiff seizes goods that do not belong to the debtor the owner of the goods can then apply for the goods to be returned.
This is a very grey area and advice needs to be sought urgently by the debtor.
Overview
There are lots of grey areas where bailiffs are concerned, it is imperative that the debtor seeks advice.
If the premises are solely commercial rights of entry change and entry can be forced.
