Dealing With Bailiffs: A Guide for Lawful Rebellion

The Freeman Movement stands for empowerment through knowledge and lawful resistance to overreach. Understanding your rights when dealing with bailiffs (also called enforcement agents) in the UK is crucial to protect your home and property.

This comprehensive guide will help you navigate interactions with bailiffs, avoid paying them unlawfully, and understand the role of police if they accompany bailiffs.

What Is a Bailiff?

Bailiffs are agents authorized to collect debts on behalf of creditors. They are typically employed to recover unpaid debts such as council tax, court fines, parking penalties, or unpaid loans. However, bailiffs have limited powers under UK law. So it is vital to understand these to ensure they do not overstep their authority.

You may have seen on YouTube and other social media sites how some of these bailiffs can use bullyboy tactics in order to gain access to property. Indeed, their scare tactics can be very intimidating, especially if they turn up with the police.

However, they have very limited powers. But just like some others who think they can do what they like “because it’s their job,” you can put them in their place by arming yourself with knowledge. Dealing with bailiffs is easy once you understand your rights and their powers (they have very little of that!)

Key Points to Know About Bailiffs:

1. They Cannot Force Entry on a First Visit:
   • Bailiffs cannot force entry into your home on their first visit. Indeed, they can only enter peacefully, through an unlocked door or being invited in.
   • Never let them into your home. Once inside, they may inventory items to seize if the debt remains unpaid.
2. When They Can Force Entry:
   • Bailiffs can only force entry in specific circumstances, such as:
     • To collect unpaid criminal fines.
     • When enforcing a High Court writ.
     • To recover unpaid tax owed to HM Revenue & Customs.
   • Even in these cases, they must follow strict procedures and provide advance notice.
3. Debts Bailiffs Cannot Pursue:
   • Bailiffs cannot collect debts that are not court-approved, such as informal loans or agreements without a court order.
4. Proper Identification Is Mandatory:
   • Bailiffs must show proper identification, including:
     • A badge or ID card with their name.
     • A written notice specifying the debt and the creditor.
   • Always ask to see this information and verify its legitimacy.
5. Goods They Cannot Take:
   • Bailiffs cannot seize essential items, such as:
     • Beds, clothing, and basic household goods.
     • Tools necessary for work or study.
6. Time of Visit Restrictions:
   • Bailiffs can only visit between 6 a.m. and 9 p.m., except with special court permission.

Steps to Prevent Unlawful Entry:

1. Do Not Open the Door:
   • Speak through the letterbox or a window.
   • Keep all doors locked and ensure no windows are left open.
2. Request Documentation:
   • Demand to see their court order and authorization to enforce the debt.
   • If they cannot provide the necessary paperwork, they must leave.
   • Challenge the Validity of the Paperwork:
     • Check if the paperwork has a wet ink signature from a judge. Most enforcement documents require judicial authorization, and a lack of this could render the enforcement invalid.
     • Take a photograph or scan of the document to review its legitimacy with a legal advisor.
3. Record Everything:
   • Video record or document your interaction. This evidence can help if they overstep their authority.
4. Use a Notice of Withdrawal of Implied Right of Access:
   • Consider serving this notice, which informs bailiffs and similar agents that they are not welcome on your property. Display this prominently on your door.
5. Prevent Forced Entry:
   • Even in cases where forced entry is allowed, you can challenge the bailiff’s authorization. Ensure they have a valid court order or warrant explicitly granting such powers. Without proper documentation, they cannot legally force their way in.

Avoiding Payment to Bailiffs:

1. Challenge the Debt:
   • Request proof of the debt’s validity. If the creditor or bailiff cannot provide sufficient evidence, the debt may be unenforceable.
2. Deal Directly with the Creditor:
   • Contact the creditor and negotiate payment terms. Once an agreement is reached, inform the bailiffs, who must cease enforcement.
3. File a Complaint:
   • If bailiffs act unlawfully or aggressively, you can lodge complaints with their governing body (e.g., the Civil Enforcement Association).
4. Understand the Fees:
   • Bailiffs cannot charge arbitrary fees. Therefore, familiarize yourself with the statutory fee structure to avoid overcharges.

When Bailiffs Arrive with Police:

1. The Police’s Role:
   • Police officers are present to prevent a breach of the peace, not to enforce the debt or assist the bailiff. The presence of police gives the illusion that they are working with the bailiffs, but they are not. The bailiffs may request their presence, claiming that they are not bullyboy enough to challenge you on your own or saying you could be aggressive!
   • Police cannot help the bailiff force entry unless under rare circumstances (e.g., executing a warrant of possession for eviction).
2. Know Your Rights:
   • Confirm with the police that their presence is solely to maintain order.
   • Inform them of any unlawful behaviour by the bailiff. For example, if the bailiff cannot provide paperwork with a judge’s wet ink signature, this is a valid reason to question their authority.
   • Request that the police remove bailiffs who are behaving aggressively, violating procedure, or failing to produce valid paperwork.
3. Stay Calm and Collected:
   • Do not engage aggressively, of course. State your rights clearly and avoid escalating the situation because you don’t want any interference from the police (public order, etc).

Legal Protections to Be Aware Of:

1. Section 8 of the Human Rights Act (Right to Privacy):
   • You have the right to the peaceful enjoyment of your home. Unlawful entry by bailiffs violates this right, of course.
2. The Taking Control of Goods Regulations 2013:
   • Bailiffs must follow specific procedures when seizing goods. Indeed, failure to adhere to these rules can render their actions invalid.
3. Judicial Authorization Requirements:
   • Many enforcement actions require a warrant signed by a judge. If this is absent or improperly documented, the enforcement is challengeable.

What to Do in Case of Unlawful Behaviour:

1. File a Complaint Immediately:
   • Report to the bailiff’s employer and their certification body.
2. Seek Legal Assistance:
   • Organizations such as Citizen’s Advice and the Law Society can provide guidance on filing claims against unlawful bailiff actions.
3. Publicize Misconduct:
   • If bailiffs overstep their authority, raise awareness through your local media or community networks. This deters further misconduct. Of course, use the Freeman Movement platforms to share their bullyboy tactics.

Remember, always video everything and stay calm at all times. Once you tell them they will be YouTube stars, and it will be all over social media, it may help them to act correctly! Of course, nobody likes a camera in their face, and bailiffs are no different.

In Conclusion: Dealing With Bailiffs

Dealing with bailiffs can be intimidating, but knowledge is power. By understanding your rights, standing firm, and recording your interactions, you can protect your home and property from unlawful seizure.

The Freeman Movement encourages you to stay informed, support one another, and uphold lawful resistance to overreach. So, let us know your experiences with these bullies. Also, don’t forget that you always have the right to rebel!

Finally, stay vigilant, and share this guide widely to empower others against unjust actions.