1. Introduction
A bailiff is someone who acts on behalf of creditors or courts to collect debts, repossess homes or goods and to execute certain arrest warrants. This chapter looks at the role of bailiffs in taking control of goods to recover debts. The government prefers to refer to bailiffs as ‘enforcement agents’.
There are several different types of enforcement agent operating in England and Wales. Some are civil servants, employed by government departments, such as HM Revenue and Customs and HM Courts and Tribunals Service. Most are private agents: either High Court enforcement officers enforcing judgments of the High Court, and county court, or ‘certificated’ bailiffs, recovering all other debts that are enforceable by taking control of goods. They all enforce liabilities by the statutory procedure of taking control of goods.
Note: bailiffs can only take goods to recover an outstanding liability in the circumstances described in this chapter. Some bailiff firms also undertake debt collection work. If a firm of bailiffs is collecting an unsecured consumer debt or a benefits overpayment, it does not have any special legal powers, despite the fact that the firm may describe itself as ’bailiffs’ in its letterhead.
The role of bailiffs is changing. In the past, their primary role was to seize goods. Since April 2014, when the law on enforcement was reformed, the emphasis is as much on ’compliance’ and agreeing instalments as on enforcement. Arranging affordable instalments for clients in multiple debt may still be difficult, but it may be easier than in the past. For commercial reasons, many firms may be prepared to agree payment plans through call centres, rather than by sending out agents to visit. Even so, the timescale offered may not be long.
Following the relaxation of the coronavirus lockdown, enforcement agents were permitted to return to taking recovery action from August 24 2020. Given the social restrictions still in place, the trade body CIVEA (Civil Enforcement Association) made the following recommendations to its members:
•thirty days’ notice of visits is given;
•pre-visit assessments are conducted by telephone to try to detect potential vulnerabilities;
•agents receive training on the use of personal protective equipment (PPE) and hygiene measures;
•agents receive refresher training on identifying and responding to vulnerable cases;
•contactless visits will be carried out that do not involve entry and must maintain social distancing; and
•any debtors who appear vulnerable or have suffered financial loss because of the pandemic should be referred for advice and the case placed on hold.
The High Court Enforcement Officers Association (HCEOA) has issued similar guidance. HCEOs should:
•undertake additional training on PPE, social distancing, supporting the vulnerable and recognising mental health issues;
•provide adequate PPE and hygiene supplies to staff carrying out visits;
•if a pre-lockdown case is being followed up, contact should be made in advance to ascertain if any changes in circumstances may have occurred and if there might now be vulnerability;
•enforcement notices should give judgment debtors 27 days’ notice;
•all visits should be conducted with adequate PPE and social distancing;
•premises will not be entered if a person has coronavirus or is self-isolating – otherwise agents will seek to obtain payment in full or to enter into a controlled goods agreement; and
•potentially vulnerable individuals will be referred for advice.