Key points:

• If a debtor ignores the bailiffs, you can apply for a Break-In Order at court.
• If a debtor refuses entry, bailiffs can take control of goods outside of the property.
• Most debtors will cooperate with bailiffs to avoid extra fees, goods being taken, and embarrassment.

Reasons why most debtors will cooperate with bailiffs

From speaking with our claimants, we understand that the greatest worry when it comes to instructing a bailiff to recover a debt, is that debtors will either: hide their valuable assets before the bailiff visits; claim they cannot pay the debt owed; or ignore the bailiffs completely.

Whilst this can happen, it is rare. In fact, in all of our thirty-five years of experience, we have found that in the majority of cases, debtors will cooperate with our bailiffs for four key reasons:

1) To avoid goods being taken

More often than not, the threat alone of removing the debtor’s goods is enough to make them want to pay the bailiff. To find out which items a bailiff can and cannot remove, click here.

If our bailiffs are in any doubt about assets “not belonging” to the debtor, they will ask the debtor for a third-party claim. This claim must be made by the third-party within 7 days, and it must include their name, address, and a receipt of purchase. The bailiff will not sell the items at auction until they have received this claim.

If the debtor refuses entry or ignores the bailiff, the bailiff can take control of any assets outside of the property such as their car – even if the debtor is not home!

If it is discovered that the debtor has purposefully removed their car and parked it at their friend’s house, for example, you can apply for a warrant of specified premises. This will allow our bailiff to attend the friend’s address and clamp it. This is only applicable to privately owned properties; our bailiffs could not attend public car parks at Asda or a train station, for example.

2) To paying avoid extra fees

With each enforcement stage, we charge a fee. Therefore, the longer the debtor ignores our bailiffs, the more fees they will incur.

As you can imagine, once debtors are told about our fees, the majority of them pay up.

3) To allow for more manageable payment methods

If the debtor claims that they cannot pay the debt, our bailiff will try to enter a Controlled Goods Agreement with them. This is where the debtor will come to an agreement with the bailiff about what regular payments they can afford to make. For example, they might offer to pay £1,000 a week until the debt is paid off. Whatever they offer to pay, our bailiff will run it by you first.

If the debtor breaks the Controlled Goods Agreement, our bailiff will be instructed to visit the debtor’s address and remove the belongings listed on the agreement.

4) To avoid embarrassment

Nobody wants to be the neighbourhood gossip for having a bailiff knock on their door. Because of this, our lads find that debtors will swiftly invite them into their house to discuss a payment before anyone has the chance to see them.

Take the risk!

At Frank G Whitworth, we understand that the issue of debtors ignoring the bailiffs will be one of your greatest concerns, however this is not usually the case and – in the rare case that it is – there are other options available, and at the very worst, you will get some of your money back.

If you have any further questions about our debt recovery services, see our most frequently asked questions here, or get in contact with us using our contact details below.