So, as with knowing where and when you can be visited, it also worth knowing which goods are most liable to be taken, and which must in all instances be left.
No matter what you might have heard, bailiffs aren’t unreasonable and there is a sensible procedure that they follow. In the first instance, they will make an inventory of the goods they will remove if the debt isn’t paid – this process is referred to as the bailiffs ‘taking the goods into control’.
From that point on, only the bailiff can remove and sell these controlled good, and it would actually be a criminal offence for you to sell, hide or damage them. This control order will only be removed once the debt has been cleared.
Once the control order is in place the bailiff can do one of the following:
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Bailiffs do not take things punitively and will only take items that they can sell at auction to help pay the debt.
What’s more they are only allowed to take items they can find and remove. What this means is that if a bailiff sees goods through a letterbox or window, they cannot add those goods to a control order unless they can actually put their hands on them.
Given that the bailiff’s primary objective is to collect goods of value that can be sold at auction to settle a debt, they tend to focus on things like motor vehicles, electrical goods, jewellery and furniture. They are not however limited to these items.
There are however a few items that bailiffs must leave that are essential to day-to-day living, and include:
Other protected goods, which bailiffs are prohibited from seizing, include:
Your car is more than likely going to be top of any bailiff’s list. More often than not cars are a person’s most valuable item. And what’s more, with cars usually being kept on public roads, they can be easy to find and seize. However, if your vehicle is parked on someone else’s private land, bailiffs won’t be able to touch it without a warrant.
Bailiffs will often seek to include your vehicle in a controlled goods agreement but, if the car is parked on a public road or at home, they might elect to simply tow it away or take control of it by clamping it.
There are occasions however where bailiffs are prohibited from seizing some vehicles:
Don’t assume that bailiffs won’t search for your car if they can’t find it at your home. Bailiffs often make use of automatic number plate recognition (ANPR) technology to scout for vehicles on their list as they make their rounds. They are however always obliged to confirm ownership of any vehicle before they seize it, and will do so by checking the DVLA and HP index.
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Depending which stage of the process you are at, it might be possible to sell, hide, or remove your goods from your home. But you must be sure which stage you are at before considering this course of action:
The best way to ensure a difficult situation doesn’t escalate into an upsetting and traumatic one is to seek impartial expert advice as soon as you receive any written notification from a bailiff – don’t ignore the letter in the hope that it will all just go away.
Our advice can help you formulate a reasonable budget and repayment plan and put you on the front foot in your response to any debt collection organisations.
And always remember that bailiffs simply want to collect the debt, and if you offer a clear and agreeable path to achieving this, they will be keen to work with you and will be just as keen as you to avoid escalating the situation.
We are more than happy to help you ensure that you receive the advice and planning guidance you need. To discuss your situation, just get in touch.