Bailiffs & Warrants Of Control
If a debt is subject to a Court Order (CCJ), and you’re not making payments as per the terms of the order, creditors have further means to enforce payment. One option is to apply for a Warrant of Control.
A warrant of control authorises a County Court bailiff to try to take control of your possessions to be sold at auction to pay the debt.
If you’ve received such a notification then you are soon to be visited by bailiffs unless you take action.
Even at this stage, you should be able to prevent them seizing any goods if you can make payment.
Warning – Additional Fees
Your creditor has to pay a fee to the court for issuing a warrant of control. This fee will be added to your debt. Each time the bailiff visits your property/home you will be liable for further fees.
For many people having their possessions taken from them, and sold at auction is a worst case scenario, and one to avoid wherever possible.
You can try and prevent this temporarily by denying the Bailiffs entry and hiding or locking away assets such as a car – but this does not address the debt.
The Bailiffs will eventually return the warrant back to the court as unsatisfied and your creditors may look at other ways to enforce the Court Order such as applying for an Attachment of Earnings Order.
If the debt is for more than £5,000 they may choose to petition for your bankruptcy.
See the Bailiff advice page for more information on how we may be able to help.
Can Bailiffs Force Entry Into a Home?
Initially no, and this is even if they provide you with a warrant of control. You have no legal obligation to let them enter the premises.
However, there are some limited circumstances where they are allowed to force entry which include:
- The bailiff has provided 2 days of clear notice prior to arrival
- You have breached an agreement that you made with the county court.
- You allowed a bailiff to enter into your premises on a previous visit.
What Assets Can Bailiffs Seize?
In the scenario where bailiffs come to your property with a warrant of control, this means they are within their legal rights to seize household goods and various other assets. These could include, but is not limited to:
- Vehicles – Cars, motorbikes etc
- Electrical items e.g. mobile phone, tablet, television, cooking appliances etc
- Jewellery
What Assets Are Bailiffs Not Able to Seize?
You will be relieved to know that there are certain assets that bailiffs are not legally entitled to seize. These include:
- Pets/animals
- Any goods that are owned by someone else (jointly owned goods can be seized)
- Tools
- Books or other items that are essential for work or studying
- Hire purchase agreement goods which are awaiting final payment
- Property fixtures e.g. kitchen units
- A table and enough chairs for everyone living in your home
- Beds and bedding for everyone living in your home
- A cooker or microwave and a fridge
- A washing machine
- A phone or mobile phone
- Any medicine or medical equipment and anything you need to care for a child or older person