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Who are Bailiffs?

Bailiffs are enforcement officers who are responsible for executing the decisions of a court. They are usually instructed by your creditors to collect the debt that you owe them. In order to do this they must have authorisation through the court which is usually in the form of a warrant of execution.

What is the role of a Bailiff?

A bailiff’s primary role is to get you to repay the debt. If this is not possible then they will look to seize assets to sell at auction to repay the debt. They cannot seize these assets on the first visit and are required to give you seven days’ notice of them attending the business. On their visit they will usually list all they items they can sell in order to recover the amount outstanding. If the outstanding debt is not then repaid the bailiff will then return and remove the assets to be sold.

How will it affect my business?

How an appointed Bailiff will affect your business depends on its trading status such as whether you are a Sole Trader or a Limited company. The Taking Control of Goods regulations changed in 2014 to align all Bailiff Practices to ensure a uniform approach across the whole UK. There are limits of what a Bailiffs can take in relation to stock or machinery. If they do remove goods it can be very damaging for the continued trade of your company.

What are the options when Bailiffs are involved?

Contrary to belief, you can still make arrangement to repay a debt once a Bailiff is involved. A Bailiff may initially enter a ‘Controlled Goods Agreement’ where they allow the debt to be repaid in instalments. If you were to miss a repayment then they will usually return and remove your goods. Seeking early advice from an experienced Insolvency Practitioner provides a better chance of avoiding disruption to your business.

The sooner you deal with your debt the less chance there is of a Bailiff being involved, do not hesitate in contacting us today for free advice on 0800 0465 600.