What’s the difference between bailiffs and debt collectors?
Although both can visit you at home, debt collectors and bailiffs have varying powers,
What’s a bailiff?
Bailiffs are officially called enforcement agents. They have legal power to collect a debt. Some work directly for an authority, such as a council, some are self-employed or work for private companies. Generally they collect payments due for things like County Court judgments (CCJs), council tax arrears, parking fines, debts issued by the court and so on. They are allowed to visit your property, and if they cant work out a payment solution have the power to remove and sell your goods to pay off the debt. Generally bailiffs can only be appointed after the matter has gone through court, there are some exceptions to this however.
They do not usually have the power to force entry, however if you let them in then they can basically claim ownership of the goods in the home, they can do things like check vehicle ownership, clamp vehicles that you own (but not if they are on finance, it has a Blue badge or is on the motabilty scheme), or indeed vehicles that you may actually be living in (caravan / motorhome). We would suggest thta
What’s a debt collector?
A debt collector works on behalf of a creditor or debt collection agency, credit cards companies sometimes threaten that they will send round a collector but in truth most do not as it just adds to their costs which if they are not expecting to get back is jus spending money with no chance of return. Utility companies and councils usually take this line of approach to determine the exact situation of their clients, after all there is no point in racking up costs chasing a debt if there is minimal chance of being paid. If you do get a visit then you should note that they have little power, they cannot remove goods to sell, generally they are there to examine the situation and try and work out an affordable payment plan. We would suggest that you co-operate with them and answer their questions fairly, they will then report back to the claimant with their findings.
If you have a debt collector or bailiff visit and are not sure what to do we would first suggest that you ask what the debt is for, if it is for something trivial, such as an unpaid parking fine, missed credit card payment and you can afford to easily pay it then we would suggest that its paid, you can then relax. If it is for something that you cannot easily clear then do not let them in, give us a call, once we can register a case with you (take but a minute or two) then we can try and fast track you to a solicitor who can try and sort out a solution over the phone.
Please remember to stay calm – they are not the enemy, they are just there to do their job.
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