Bailiffs are used by creditors to recover money owed by debtors.
Once the appropriate order has been obtained from the court, bailiffs can take the goods of a debtor away and sell them to recover money owed to the creditor. A bailiff will charge the creditor for the work undertaken and this is usually added to the initial debt to be repaid by the debtor. It is therefore important a notice received by a debtor is not ignored as the debt will increase. It is also important to note steps may be taken by a debtor to stop bailiffs from recovering property.
If bailiffs do arrive at a debtor’s property generally they do not have the right to force their way into the property however they can enter without permission if they can enter without breaking in, such as through an unlocked door or open window as this is called gaining peaceful entry. In some circumstances (such as if there are outstanding criminal fines) a bailiff is allowed to use reasonable force to gain entry to the property to seize goods. The same applies in a commercial property as long as there is no attached residential property.
The goods a bailiff can take from a property will depend upon the extent of the debt and what the debt was for however generally they will not be able to take basic items such as basic clothing, bedding, furniture and household goods, however the definition of basic will not extent to items such as a microwave or DVD player. Normally goods can only be taken if they belong to the person whom the debt is linked however jointly owned items can be taken. If the debt is rent arrears then generally anything inside the property is allowed to be removed regardless of ownership.
Frances Jacobs is one of our Solicitors in Leicester, who are all experts in their fields and dedicated to quality client care. If you would like to find out more about our solicitors in Leicester please contact us.Talk to our legal team
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