What are the Options if the Debtor Ignores the Bailiffs?

What happens when debtors ignore the bailiffs?

Contrary to the seemingly more popular belief that a bailiff will smash a door down and take everything a debtor owns, this is in reality, far from the case. Enforcement agents (bailiffs) are NOT allowed to use reasonable force to enter a debtor’s property, they must either be invited in by the debtor or the door must already be unlocked. But what happens if the debtor continues to ignore the Enforcement Agents knocking at their door?

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A warrant of reasonable force

If this is the case, you can go to court and apply for a warrant of reasonable force, which can sometimes be referred to as a break-in order. This warrant will allow the Enforcement Agent to use reasonable force to enter the debtor’s property and either accept direct payment or take control of goods.

It should be noted that applying for a warrant of reasonable force is not a cheap process, and if you are thinking about applying it is definitely worth considering whether the debtor is sure to have either the money or the assets to take control of. Enforcement Agents can never guarantee that they can recover the money owed even with a warrant of reasonable force, or that the judge will even grant one.

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Clamping a vehicle

If a vehicle is parked outside the property and the debtor owns it outright and it is worth taking (it is not on PCP or hire purchase for example, and worth enough), our enforcement agents can clamp a vehicle. The Enforcement Agent will have to leave the clamp on the vehicle for at least two hours before removing the vehicle and selling it at auction, giving the debtor a minimum of two hours to clear the debt to recover the vehicle.

If it is discovered that the debtor has purposefully removed their vehicle and parked it elsewhere, at a friend or relative’s house, for example, you can apply for a warrant of specified premises, which allows the Enforcement Agent to attend the address to clamp the vehicle. This only applies to privately owned properties and cannot be applied to places like public car parks.

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Why do most debtors cooperate with bailiffs?

While we can understand that as a claimant, your biggest worry could be that we cannot recover your debt. While this can happen, in the majority of your cases the debtors will end up cooperating with our Enforcement Agents. This could be for a number of reasons, such as to avoid embarrassment, to avoid paying extra fees, or to avoid the Agent taking their goods.

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Next steps

If you need to instruct a bailiff to recover your debt, or if you have any other questions about any of our services, you can either visit our website here or:

Telephone: 0208 106 5397

Email: [email protected]