Bailiffs

They're banging your door down, and you're panicking. Don't - know your rights.

The role of the bailiff

People run into debt for all sorts of reasons. So long as you're open and honest with your creditors, and willing to repay your debts, you'll find they will be reasonable with you in resolving the situation. The problems kick in if you fail to make every attempt to settle up. If things get really bad, a court can order the seizure of your possessions - amounting to the equivalent sum of your debt - and this is carried out by a bailiff.

"Are we talking about large men in suits called Vern?"

There are two different types, but much depends on what kind of debt you owe:

• Consumer debt: such as those you run up on a store card or with a bank, is usually handled by a County Court. Following a ruling against you, a County Court bailiff can be authorised to collect a debt or a fine from you at any time of day. If you're "not in", they may keep coming back until you open up, or ask the court to issue a personal summons.
• Council debt: like non-payment of council tax, can be collected by private bailiffs, following a ruling from the Magistrates Court. They are also entitled to return if they don't get a reply, but can only do so during office hours. Again, a personal summons may be issued if you fail to comply.

"Can they break down my door with sledgehammers?"

Apart from special cases involving Customs & Excise or the Inland Revenue, a bailiff cannot force entry into a domestic property (like a house or a flat). What he can do is breeze in through an open door or window, or jump the fence to see if you've left a side door unlocked. If you're running a business, however, stand well back! Debtors should also be aware that if they open up to the bailiffs and don't want to see them walk away with the telly then they must sign a repayment agreement. This sets in stone how you'll pay back the debt and when, but if you default (fail to make the payment), then the bailiff would have the right to return and force entry.

"Not the stereo, please!"

Bailiffs are entitled to seize any goods to the value of your debt - not only stuff which belongs to you but also gear which is joint-owned, even if the other person doesn't owe a penny. What they can't take are fixtures and fittings, things you've rented or things you need for work. If the bailiffs have been sent following a County Court judgement (i.e. for a council related financial issue) they are not allowed to remove items that you need to satisfy basic domestic needs - like bed sheets or the shirt on your back.

"Can they come whenever they want?"

Most bailiffs will call during normal working hours and won't knock on your door during the middle of the night. However they are allowed to come round at any time unless they are collecting rent, which has to be during work hours.

"There's been a terrible mistake!"

You can appeal, should you feel a terrible miscarriage of justice is about to take place under your own roof. You need to contact the relevant court at the earliest opportunity and put forward your case to have the bailiffs put back on the leash. The judiciary will sometimes take into account serious personal issues such as bereavement, unemployment, clinical depression, but try not to leave things this late before you endeavour to sort out the mess.

"How much will a visit cost me?"

Both kinds of bailiff are entitled to hit you with a charge for the court costs, which can amount to £50 a visit (depending on the type of debt), as well as a sum for their time, trouble and storage costs incurred. Unlike Magistrates and County Court costs, the bailiff fees are not regulated. Instead, they are expected to be simply "reasonable", in keeping with the outstanding amount you owe, and often payable within 28 days. Non-payment could lead to a personal summons from the court, so if you think you've been badly treated get in touch with the court or seek further independent financial advice (see contacts).

Debt collection agencies

Some creditors use debt collection agencies to get the money that you owe them. These aren't court officials and they don't have the same powers as bailiffs. It's illegal for them to force entry into your home or seize your possessions. If a collector threatens you physically, contact the police. To find out more about debt collectors rights check out the Office of Fair Trading's guide.