If you are having 'bailiff issues', then please read on. When posting a query specific to your problem, it'll help people answer quickly if you say what the debt is for (fine, council tax, parking ticket etc..) and what exactly has happened so far and which bailiffs are collecting it. - What rights we have and which laws apply depend on whether the debt concerned is civil or criminal, and what it is for. Bailiffs currently can't 'break' into your house if your debt is 'civil'. However, if it's 'criminal' such as a non-paid fine, they can. Also they can to collect income tax. They cannot force entry for unpaid council tax or parking tickets. But they could resort to clamping your car. There are different kinds of bailiffs; Private Bailiffs, County Court Bailiffs, Fines Officers.... It's a mine-field. - Below is a list of potentially useful links to help you find out what you need to know about your particular problem. Direct.gov : bailiffs and Debt Collectors Govt website giving some very good general advice and useful links. Private bailiffs collecting on behalf of magistrates court / local authorities: Specifications / Procedures drawn up by HMCS for Private Contractors - they should be following these to the letter, but... HMCS Policy on Collection of Fines (2006) This brief memo clearly sets the scene on the Govts line. They want fines collected more efficiently, but also want the process to be administrative. I.e. not taking up court time. 'The offender should be given every opportunity to comply'. Interesting stuff! Fine Dodgers: We're coming to get you! The DCA's new approach. A lot of pie charts and stats but some useful info about clamping orders etc. BBC article: At debts door BBC article: What to do when the bailiffs come - This forum is a mine of info. Remember, you are not alone. What's happened/ing to you has for many of us as well. There is always a way forward.

I've had recent dealings with both private bailiffs ('contractors'), and fines officers who are Govt. employees. They all should operate within the same rules. But do they? I think one of the big problems is the contracting out of collections which many regions have taken up. I have seen a massive difference in the attitude and methods employed by private bailiffs to those of fines officers and county court bailiffs. A lot also depends upon what the debt is and to whom. The BBC expose on private contractors clearly showed that there is a bad culture in some companies where they play on our fear and ignorance. I was told by a man from Drakes who called last year that if I did not pay up I would go to jail. I was on the brink at the time. Some of these people act in cold blooded fashion in my opinion. He missed out all the steps that would take and other options open. - The emphasis of the Collection of Fines Order 2006 is to increase the effectiveness and efficiency of collections but within that to allow 'the offender' 'every opportunity' 'to cooperate'. This document by the Department for Constitutional Affairs (DCA) sets the scene on what we can expect. If you have had a call / letter from Drakes for example have a look at the procedures they are supposed to follow. Then compare that to what you have seen and experienced. - OK, unpaid fines do need to be collected where possible. It is how it is done, that is the big issue I feel. This site and others like it are vital resources. I knew next to nothing about my rights / bailiffs / debt collection until I looked here and then wider on the net. Information is power!

Hi All. I have had recent dealings with both private bailiffs ('contractors'), and fines officers who are Govt. employees. Though on paper they all should operate within tight rules, we all know that reality is different. I think one of the big problems is the contracting out of collections which many regions have taken up. I have seen a massive difference in the attitude and methods employed by private bailiffs to those of fines officers and county court bailiffs. The BBC expose on private contractors clearly showed that there is a bad culture in some companies where they play on our fear and ignorance. I was told by a man from Drakes who called last year that if I did not pay up I would go to jail. I was on the brink at the time. Some of these people act in cold blooded fashion in my opinion. He missed out all the steps that would take and other options open. - The emphasis of the Collection of Fines Order 2006 is to increase the effectiveness and efficiency of collections but within that to allow 'the offender' 'every opportunity' 'to cooperate'. If you have had a call / letter from Drakes for example have a look at the procedures they are supposed to follow. Then compare that to what you have seen and experienced. - My point is that unpaid fines do need to be collected where possible. It is how it is done, that is the big issue I feel. I would like to see the Govt. take all private contract work back into the pubic sector. However, I doubt that this will be on either this Govts. agenda or the Tories agenda if they get in. So, in the absence of likely future positive change - and looming negative change - on this subject, we need to continue campaigning and use what is there in every way possible. Knowledge, rights, complaints procedures, MP's etc. This site and others like it are vital resources. I knew next to nothing about my rights / bailiffs / debt collection until I looked here and then wider on the net. Information is power!

absolutely!! and yes, like several other posters here, I too wish I could get up and leave old Blighty. And, would take great pleasure in leaving all my debts behind, haha!! Sadly reality tells me something else.

yes it is disgraceful. but do you honestly think for one minute that the Tories will do any better on this issue? don't want an argument but doubt that a Conservative Govt. would be at all sympathetic to people facing possible 'forced entry' to remove their goods. Unless it was one of their mates who hadn't paid their Income Tax

If you have a visit from a private bailiff such as Drakes, in connection with an unpaid fine for example, then this document is essential reading: Her Majesty's Court Service (HMCS): Specification for Private Enforcement Provision It sets out the requirements of private 'contractors' when collecting debts and will put you very much in the picture of what procedures must be followed. Appendix 4: Contact Protocols are particularly interesting imo. I feel it would be very useful for the CAG to have a prominent link for this as I defo found it helpful.

This also makes very interesting reading. Remember 'Whistle Blower' last year.... Anyone having problems with private bailiffs may wish to have a look at this and the HMCS link above. Also. What to do when the bailiffs come. I found this a useful article too.

There is a lot of half baked and contradictory 'advice' on this compex subject on the net. Having had recent experience I have been looking in to the matter as I had little idea of my rights until now. So, I did a search to see what I could find. I found this site (Direct.Gov) quite succinct. This document (Specification for Private Enforcement Provision) concerns the contracting out of certain work like collection of unpaid fines / clamping orders.... by the HMCS to private bailiffs companies... It's essential reading i.m.o. esp. Appendix D on Contract Protocols. If you want to know what the bailiff from Drakes for example can and can't do have a read.

Thanks for your posts folks. It would be good to get some solid legal opinion on this area. But, as I stated and have bolded up again, it's all part of the mind games they play. To an extent it is necessary. However, it is debatable how far, and if some go too far.

Well, they haven't been round yet. I've offered to settle in full on Tuesday. They know that I own nothing, the house I am in is not mine and what's the point in all the hassle if they end up with nothing and I end up homeless. However, the bailiffs are trained in the art of bs and masters in the use of fear. They play a psychological game. They have to! Let's face it I have avoided paying my debts for ages and it took this to wake me up. It's been a lesson. A bundle of hard earned bank notes will be handed over next week. A weekends graft still to be done, but at least I can sleep. TY to Saffron, Tom, Herbie and this forum for help offered. I have learned a lot from it.

I'd hate to be a bailiff. Nobody likes them. Remember last years documentary on the beeb - 'Whistleblowers' where they got 'inside' Drakes. It truly exposed what a dirty, rotten, filthy business it is. They are generally regarded as being even lower down the evolutionary scale than traffic wardens and tax collectors! I have had dealings with several. I wanted to hate them. But it was my own fault they came a knocking on my door. One said to me ..'the best way to beat the bailiff is to pay your debts..'. Of course they make it harder because they lump on hundreds of pounds in fees in most cases. Once I have concluded my current bailiff/debt issue, I have promised myself I'll never get into this mess again and never want to see another bailiff again. Ever!

So, I know that in my case it is possible and legal for the bailiff to force entry. here are some of my lessons and findings from today which I hope will be of help to other forum users. The key is what kind of bailiff and what is the debt for and who to. If it's a an unpaid fine for a criminal offence like speeding for example from magistrates, and the bailiff is certificated, then forced entry is an option open to them. (though it rarely happens - they have to get enough sellable gear to raise money and it's hassle for them - they want a result and to bag their commission) the same could apply if you owe tax and have HMIR after you. Generally a county court bailiff can't force their way in esp on a civil matter. There is a wide variation of opinion on the net. Some of it I found to be dangerously inaccurate! This site clears up the forcible entry issue in the case of unpaid fines.... !!READ THIS!!! What to do???? If you can pay, some how, then do it. They CAN accept installments but you will have to push, beg and plead with the bailiff. Believe me you will have to do this. The bailiffs want their commission and won't roll over easy if at all. But they know they can't get what is not there. So think. take advice and BE RATIONAL. Hard I know... Keep your cool. Don't lose your rag with them or you lose any moral highground and make it all worse for yourself. My lesson..... PAY EVERYTHING ON TIME IN FUTURE. Or if not, communicate with creditor and make an effort. I got into this mess cos I buried my head in the sand!!!!! NEVER AGAIN... NO WAY... NEVER!

I must give my thanks to all concerned here and herbie. Any help or advice when you are in a deep hole is welcome. Pity that there's a bust up here, but I have found both Herbie and Tom to be helpful today. So thank you both

THIS ONE IS USEFUL TOO...

Yes! If it's for non-payment of a fine for a criminal offence they can. The key is what kind of bailiff and what is the debt for and who to. If it's a an unpaid fine for a criminal offence like speeding for example from magistrates, and the bailiff is certificated, then forced entry is an option open to them. the same could apply if you owe tax and have HMIR after you. Generally a county court bailiff can't force their way in esp on a civil matter. There is a wide variation of opinion on the net. I have found from painful experience that they can do this but only as a last resort. !!READ THIS!!! If you can pay some how then do it. They CAN accept installments but you will have to push, beg and plead with the bailiff. Believe me you will have to do this. The bailiffs want their commission and won't roll over easy if at all. But they know they can't get what is not there. So think. take advice and BE RATIONAL. Hard I know... Keep your cool. Don't lose your rag with them or you lose any moral highground and make it all worse for yourself. My lesson..... PAY EVERYTHING ON TIME. Or if not, communicate with your creditor and make an effort. I got into this mess cos I buried my head in the sand!!!!! NEVER AGAIN... NO WAY... NEVER!

ty Tom, and everyone else who has replied. I looked around the net and there is so much contradictory info. Some sites say they cant but as Tom and saffron both say, they can force entry. This is a fact if it is a CRIMINAL offence and gone through magistrates court. It is different for civil cases and other kinds of debt. I will post again once the matter is concluded.

thx saffron. i am just unsure what to do. waiting for the bailiffs reply. even tho it is my own fault these and the bailiff has a job to do, surely with an offer on the table of full settlement next week they wont break in??

hi. thanks for your speedy advice. i saw on a website that they can force entry if its a fine from magistrates court for speeding. through it also said they rarely do it. just use the threat to scare the daylights out of you. am going to ring them again. thanks. will post again.

it was a speeding fine from last year. silly me left it for ages and now they have come knocking on the door - while i was out working. drakes then put a card through claiming i was avoiding them and demanded full payment or they come in with a locksmith. i have checked arounf the net and it seems they an do this. i rang the court b4 and they said its upto the bailiffs what they do now. i know they are using the fear factor but it is working. i am broke at the moment. and they are being heavy with me. its my own fault. i have paid 160 already last week in cash. however, i have made no money this week and cant pay the other half tomorrow as planned. i need another week, but the bailiff has said no. and i cannot get the money by tomorrow - legally!

unpaid fine. they wont take installments they said.

Can anybody please help here. I have a bailiff who put a card about distress warrant through my door. He's calling round to break into the house tomorrow. I cant pay now as I am broke. I have asked for a little more time but he is hardline. It's my brothers house too. I have nothing worth taking anyway. i am in a mess. How can I get more time? Only need a week. I am running out of time. Any advice would be grateful for. Ty in advance.

hi there. thanks for this. To be frank I have done a deal with em. £1350. I am skint and needed quick cash. It works out at 87% of my claim. Which all said and done I am very pleased with. This site and Money Saving Expert have been fantastic. Until I saw Martin Lewis on the tele, and then saw this site via Google I had no idea about this, so thanks. I'll happily donate a few bob to the site.

hi there. you'll see from my thread that i did a deal. it depends upon how far you are prepared to go and how long u wish to wait. How long is it since you first wrote requesting your money? I dealt at 87% of my claimed amount. I am sure the purists may not agree, but this is a big issue for many of us who are skint! the banks are playing on this. Last friday, I rang up to decline their 'final' offer of £820. Today, I spoke with the person that wrote to me and we haggled. i dealt at £1350. i am delighted with this. In 3 days I have got them up by £530. Although I am 99% sure I could have got it all plus interest via MCOL, I wanted the money soon, and that was the key driver for me. I took a view that for the 50 items they charged me for, they had an argument to charge something. This is a purely personal opinion. If you have an acknowledgement letter from Customer Relations, there is nothing to say you can't ring them. But, on the other hand if you have had no response or offer within your timeframe, then it's MCOL for you next. They could not really defend themselves if you have given them 4 weeks and had nothing back. Any legal expert will tell u that the cornerstone of any case in court is the test of 'reasonableness'. If you have taken all reasonable measures to settle this matter, you stand to get it all plus 8% statutory interest via the court. Food for thought?

thats no problem. get your claim in for all 'penalty charges' ... anything bounced, any overdraft fees etc... follow the guide on here and you will get most if not all your money back. I am in a similar situ to u. I settled out of court for a bit less than what I claimed. see my thread if it's any help.

no. that's the general no. I rang Customer Relations. their main number seems to be 08457 25 35 19. Though the second letter I got was from a manager in Newcastle and he gave me his direct line.