1. What are the powers of bailiffs and debt collectors?

Your rights when dealing with bailiffs or debt collectors.

Bailiffs are employed by creditors (people or organisations you owe money to) to collect the money you owe.

Bailiffs can try to take your belongings, which they can then sell to repay your debts. For most debts, they can only do this if they get permission from a court. However, Her Majesty's Revenue and Customs (HMRC) can call in bailiffs for money you owe it (for example, unpaid tax) without having to get a court's permission.

There are different types of bailiff, depending on the type of debt and who it is owed to. In most cases a bailiff is either a certificated court officer or is employed by a private debt collection firm.

You may believe bailiffs are allowed to force their way into your home, but they are normally allowed to do this only if you have debts from unpaid fines from the magistrates' court. If it is another kind of debt, they may use ‘reasonable' force to enter your home but only if they have been inside your home for the same debt on an earlier occasion.

If you allow a bailiff to come into your home, they will usually take ‘walking possession' (make a list) of some of your belongings. This means that if you cannot negotiate acceptable payments with the bailiff, or you miss payments that you have agreed with the bailiff, they can legally force entry into your home and take those items away. So if you never let the bailiff into your home, they will never be able to take walking possession of your belongings inside it. However, they will be able to take belongings outside your home (a car, for example).

For most types of debt, a bailiff can't take away ‘basic household items'. These include a bed, cooker, fridge and most furniture. However, they can take, for example, a television or other less necessary items.

Debt collectors are not bailiffs and do not have the same powers. They must not harass you to try and get you to pay your debt, but they are allowed to pursue debts by letter, phone, and in extreme cases legal action. They are also allowed to petition for bankruptcy (ask a court to make you bankrupt).

If you need help dealing with bailiffs, debt collectors, bankruptcy or any other aspect of debt, we recommend that you speak to one of our debt advisers on 0845 345 4 345 for specialist advice. Telephone specialist advice is only available if you qualify for legal aid.