A visit from bailiffs is for most people a frightening experience and one that can cause a lot of stress. While some bailiffs act completely within the law in a professional and dignified manner, many do not, so it is important to understand bailiffs' rights.

The bailiff business is booming in our recession and there are new debt collection companies opening up on a weekly basis, you could say the vultures are circling. Creditors now have a wide range of bailiff companies to choose from, and not all are respectable upholders of the law.

The best way to tackle bailiff intimidation, harassment and dishonest attempts to gain access to your home, is to know your rights. The law is the only thing that will enable you to keep as much of your possessions as possible, therefore knowing what bailiffs can and cannot do it of absolute importance.

A common scenario many people face when dealing with bailiffs is uncertainty as to what they are permitted to take from the home. Many dishonest bailiffs will attempt to convince you that they are entitled to empty your home of everything of value. There are however, some items which they cannot seize.

Goods bailiffs are not permitted to seize The bailiff cannot seize any of the following:

• Goods which belong to someone else
• Fixtures and fittings eg, doors, kitchen units etc
• Goods on hire-purchase (these fall under the category of belonging to someone else)
• Rented appliances/furniture

If collecting a County Court Judgement, Council Tax, or Community Charge debt bailiffs cannot seize the following goods:

• Clothing
• Bedding
• Furniture
• Household equipment for satisfying basic domestic needs
• Tools
• Books
• Vehicles
• Items necessary for employment/business

If the Bailiff is collecting a Fine the following goods cannot be seized:

• Items of clothing
• Bedding
• Tools necessary for the debtor's trade.

Check of bailiffs are authorised A bailiff cannot legally recover any items from your home for the payment of a CCJ debt unless they have a 'warrant'. Likewise, if a bailiff has called to your home to recover items for unpaid council tax/fines/compensation, they must hold a 'distress warrant' or a 'liability order'.

Debt collectors or Advisors

Bailiff companies can be an expense many creditors would like to avoid. Creditors may therefore send debt collectors, otherwise known as advisers to try and negotiate with you for recovery of items. You should therefore enquire of anyone visiting or calling your home whether they are bailiffs or debt collectors/advisers.

Unlike bailiffs, debt collectors/advisers do not have powers to enter your home and seize your goods.

Bailiffs' rights Bailiffs from the Collector of Taxes (Inland Revenue) can get a warrant to force entry, if you have refused to pay your tax bills. All other bailiffs have a right of peaceful entry only and are therefore not permitted to use force to enter your home, by barging their way into your home or gaining access by smashing a window or a door. That said, bailiffs are permitted to enter your home if a door or window is left open.

Bailiffs are no strangers to controversy and some willingly use deceptive means in order to gain 'peaceful entry'. Some of the most common tactics include:

1) Asking to negotiate with you inside

2) Request permission to use your phone to ask their boss for more time etc.

3) Enter through a door as soon as it is opened.

If your windows are closed, be prepared to refuse entry by standing in the doorway. This can be a very unpleasant situation but unless you take a stand the bailiffs will take your goods right from under your nose and remember

Fore more information, visit Bailiffs Rights