(Newswire.net — February 15, 2018) — Even though bailiffs have the legal power of collecting debts on behalf of creditors, there are certain rules and laws that they must abide by. These laws have been passed to ensure the security and well-being of debtors, from any form of abuse in the hands of bailiffs.
Before proceeding ahead and understanding these laws, and understanding how to stop bailiffs, to buy us more time to pay a debt, it is crucial to first understand who they really are. Bailiffs are not debt collectors. Many people often confuse them to be the other because of the similarity in their jobs.
However, the difference is that bailiffs are legally certified by the County Court whereas debt collectors are not. If a debt collector happens to visit your home and you do not want to meet them, you can just ask them to leave and they will be gone. Unlike debt collectors, bailiffs have the right to usurp your belongings inside or outside of your homes, even your car, and then also to sell them to retrieve the amount owed to creditors.
Other than that, bailiffs only come to your home if you have not been able to come to an agreement with the court regarding the payment of your debt.
Bailiffs Are Of Four Types-
- Certificated Enforcement Agents
- High Court Enforcement Officers
- County Court Bailiffs and Family Court Bailiffs
- Civilian Enforcement Officers
How To Identify A Bailiff And Assert Your Rights?
Anyone might come knocking at your door when you are in debt, claiming that they are bailiffs. But, how would you ascertain if they are genuine so that you can deal with them accordingly?
Undoubtedly, it is a stressful situation, but you have your rights and must not allow anyone to bully you. Here are some things to identify bailiffs from debt collectors, so that you can assert your rights against them.
If a person comes knocking at your door, and they introduce themselves as bailiffs coming to collect a debt, ask them for their identity card, badge, or enforcement agent certificate. Bailiffs are enforcement agents and they are certified by the court, so all of them are trained and assigned an identity card to set them apart from debt collectors. They must carry their proof of identity wherever they go.
All bailiffs are supposed to confirm the company that they are from. You are also entitled to ask them for a contact number for the head office. If you are still unsure of what they tell you, ask them to pass the documents through the door or show them to you from a window. The proof of identity will identify their name and the type of bailiff they are.
Prior to visiting your home for the first time, bailiffs must give you at least 7 days of notice. When you receive this notice, you can stop from coming by paying off the money that you owe to the creditor. So, talk to your creditor and get advice on how you can do it at the earliest possible.
Conclusion
Even though bailiffs are registered, they cannot enter your home without your permission. Other situations wherein they cannot enter your home is when –
- Only children under the age of 16 or people with disabilities are present in the house
- They cannot come to your home between 9 in the evening and 6 in the morning.
- They can only access your home via the front door and not through other openings like the windows and the back door.
They can only force entry into your home, as a last resort, if you have unpaid criminal dues, Taxes, or Stamp Duty. In the end, knowing your rights well and paying your debt on time will ensure that bailiffs stay out of your way.