The difference between a debt colector and a bailiff

The difference between a debt collector and a bailiff is quite significant. When debtors receive threatening letters and phone calls, it can be very worrying for the person in debt as they do not always know what to expect.

At times a bailiff or debt collector may turn up at the property in which the debtor resides in order to collect funds, but a debt collector does not have the same legal power that a bailiff has.

A debt collector has no legal powers greater than your own. If a debt collector turns up at your property, you do not need to speak to them at all if you do not want to. Bailiffs work on behalf of the courts and have more legal power.

You do not have to physically let a bailiff into your home but they do have a right to unforced entry into the property. Unforced entry can consist of a bailiff letting themselves into the property through an unlocked door or window, so long as they do not use forced entry or cause damage to the property in any way. This is called entry through "peaceable means". You should always ask for ID before you let anybody into your home, so that you know that they are a legitimate bailiff that has been sent from the courts.

If a bailiff does enter your home using unforced entry, or you let them in, they will make a list of all your belongings that can be seized if the debt owed is not paid. The items listed will be non-essential items of value, and includes jointly owned possessions. If a joint item is seized and sold, the other person that owns the item will receive their share of the value of the item. Bailiffs are not allowed to take rented or borrowed goods that belong to somebody else, and they also have to leave you with a vehicle if this is necessary for your employment, and all fixtures and fittings.



If you feel that you have been unfairly treated by a bailiff, or you are unhappy with the service, you can make a complaint about the bailiff to the firm and to the creditor that is represented by that firm.

If the bailiff is acting for a debt which has gone to county court or the high court, you can apply to the court to have the bailiff’s action suspended. If the bailiff is acting on behalf of the county court, you can fill in an N245 form, which is an application to suspend the warrant, but in the case of the high court being represented, you would need to apply for a stay of execution.



A debt collector works on behalf of a collection agency and most collection agencies operate as agents of creditors and collect debts for a fee or percentage of the total amount owed.

The practices of collection agencies can be very aggressive; each country has its own rules and regulations regarding them.

An increasing number of collection agencies, sometimes referred to as "debt buyers", purchase debts from creditors for a small fraction of the value of the debt and pursue the debtor for the full balance, sometimes plus "interest". This generates immediate revenue, albeit much reduced, for the creditor and reduces the public relations risks involved with defaulted debt collection.

In the UK, debt collection agencies are licensed and regulated by the Office of Fair Trading. The OFT sets guidelines on how debt collection agencies can operate and lists examples of unfair practices. These guidelines are not law, but do represent a summary and interpretation of various legal areas. Compliance with these guidelines is also used as a test of whether the agency is considered fit to hold a credit license.

Examples of unfair practices include misrepresenting enforcement powers (e.g. claiming that property may be seized), falsely claiming to be acting in an official capacity, harassment, claiming unenforceable or excessive charges, misrepresenting the legal position to a debtor, and falsely claiming that a court judgment has been obtained when it has not. The legal basis for these practices comes from section 40 of the Administration of Justice Act 1970.

A debt collector is not legally allowed in your home unless you allow them in, they do not have the right to unforced entry and they can not force their way into the property either. There have been reporting’s that some debt collectors will claim to be allowed into your home. Always ask for ID and know your legal rights.

If you would like to find out more about debt management and how to get help and advice with debt, speak to a qualified debt advisor on 08000197465 or visit them online at http://www.debtreleasedirect.co.uk.