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Dealing With Bailiffs
 
If you cannot come to an arrangement with your creditors and your case has gone to court, then bailiffs can become involved. (Though Her Majesty's Revenue and Customs (HMRC) bailiffs can become involved before this).
 
Bailiffs can be difficult to negotiate with and often operate by threatening to take your belongings in an effort to get you to pay what you owe. And indeed actually doing so if you do not come to some sort of arrangement with them. However, despite what you may have been told, bailiffs are not allowed to force their way into your home unless it is because of debts from unpaid fines. Other than this they may only come into your home if they have already done so for the same debt on an earlier occasion.
 
If you do allow the bailiff access to your home, they will take "walking possession" of your belongings, which means that if you cannot then negotiate acceptable payments with them, or you later fail to keep to an arrangement with them, they can return, legally force entry into your home and take those belongings away.
 
But remember, and this is important. If you do not allow the bailiff into your home in the first place he will not be able to take "walking possession" of your belongings inside it.
 
However they will still be able to take away belongings that are outside your home, such as your car.
 
Usually, a bailiff cannot take away basic household items such as beds, cookers, refrigerators or most furniture. But they can take away televisions, or other less necessary items.
 
If you fail to make payments after a County Court Judgement has been made against you, your creditor can ask the court to issue a "warrant of execution". However you can stop this by filling out a form at your local county court, with a statement about what you are able to pay
 
County Court Bailiffs can evict you from your home after possession proceedings. You can not physically stop a bailiff from entering your home if this is the case, but you can ask the court to do so.
 
It is also important to realise that debt collectors are not bailiffs and cannot take any direct action against you. If a debt collector is harassing you in any way, such as putting undue pressure on you to pay, you should contact the trading-standards department at your local council.
 
If you are being physically threatened, contact the police.
 
Since the Human Rights Act came into being, it has been expected that bailiffs will be used less frequently because the Act protects your right to peaceful enjoyment of your possessions and respect for your privacy, family-life and home.
 
But although the courts and public authorities may refrain from using this intrusive and distressing means of getting you to pay your debts they can still deduct monies from your benefits or earnings, or make you take-out voluntary payment arrangements.