Debt Collection
Bailiffs and debt collectors

If you owe someone money, they may try to collect the debt using a bailiff or debt collector. If these people contact or visit you, you need to know how to deal with them, and what your rights and obligations are.

When bailiffs may be used
Your creditor (the person you owe money to) can make a claim against you in the County Court. A County Court Judgment (CCJ) may be made stating you must repay the debt. Above all the debt collection agency are obliged to comply with the law and Section 40 of the Administration of Justice Act 1970 really said it all .." do not harass the debtor"

Your creditor can ask the court to issue a 'warrant of execution', which means that bailiffs may be called in to help recover the debt. If you owe tax to HM Revenue & Customs (HMRC), or Council Tax to your local authority, they may send bailiffs to recover the debt.

Debt collectors Creditors may use a debt collection agency to ask you to pay off the debt. Debt collectors aren't court officials and don't have the same powers as bailiffs. They can't enter your home or seize your possessions.

Creditors and debt collectors must follow OFT (Office of Fair Trading) debt collection guidance - pages 14 to 19 of the OFT leaflet 'Debt collection guidance' detail how debt collectors should behave. One of the most significant provisions is that for example once an alleged debtor instructs Wentworth Solicitors to handle all the debt and Credit Card problems that is that and under no circumstances may they seek to cut us out and go direct ; so we get the legal work and you get a quiet life ; ]

That is the Theory at least

One of the most disturbing aspects of this area of law in practice and from our direct experience is the frequency with which this rule is broken by the likes of Barclays HSBC American Express M & S John Lewis and really all the Big Players ; however in this context we have a special commendation for Hitachi Capital who are the single most decent and respectful company we have as yet dealt with when acting for a Debtor client. This need to deal only with your chosen Solicitors is made crystal clear at 2.8 d of the Guidance Booklet ; Our particular client is a cancer patient ; you would not believe how belligerently and frequently this rule was broken in the instant Case.

If you need a shield as you are experiencing just this kind of harassment why not use us for some respite and we may even collect some damages for you ?

• Office of Fair Trading - Debt Collection Guidance - December 2006 (PDF, 615kb)
• Directgov Website - Bailiffs and Debt Collectors Information
• Download OFT leaflet 'Debt collection guidance' (PDF, 336K)