Debt Collectors vs Bailiffs: Your Rights in the UK

In the UK, debt collectors and bailiffs are two fundamentally different categories of debt recovery personnel. They operate under different legal frameworks, carry different powers, and are subject to different rules. Despite this, the two are frequently confused — often at the point when someone is already under pressure.

This guide explains the legal distinction between debt collectors and bailiffs (officially known as enforcement agents), the rules each must follow, the fees that can lawfully be charged, and the protections that exist for individuals. It covers the system as it operates in England and Wales. Scotland and Northern Ireland have separate systems, which are noted where relevant.

This guide does not provide financial advice. It explains how the system works based on published legislation and official guidance.

Debt collectors and bailiffs are not the same thing.

• A debt collector is a person or company that contacts you to request payment of a debt (often after it has been sold to a new collector). They have no legal power to enter your home, take your belongings, or force you to pay. They can ask, but they cannot compel.
• A bailiff — now officially called an enforcement agent — has statutory legal powers. Under certain conditions, a bailiff can enter your premises peacefully, take control of your goods, and ultimately sell them to recover a debt. These powers come from legislation, primarily Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

A bailiff can generally only become involved after a court or statutory enforcement authority is in place — for example, after a County Court Judgment (CCJ) has been obtained or a liability order has been issued. A debt collector, by contrast, can be engaged at any stage, but cannot do anything beyond requesting payment.

Debt Collectors

Debt collection activities involving consumer credit debts are regulated by the Financial Conduct Authority (FCA) under the Consumer Credit Sourcebook (CONC). Firms collecting regulated consumer credit debts must be FCA-authorised. The FCA's rules under CONC 7 apply to arrears, default, and recovery of consumer credit debts. This regulatory framework does not apply to all types of debt — for example, it does not cover council tax or utility debts.

In most cases, a debt collection agency will first contact the debtor by letter or telephone to request payment. The FCA's rules prohibit contact at unreasonable hours or with unreasonable frequency, though specific hours are not defined in statute.

Section 40 of the Administration of Justice Act 1970 makes it a criminal offence to harass debtors. This includes making demands calculated to cause alarm, distress, or humiliation, and falsely representing that criminal proceedings may be brought or that a person holds official capacity. The maximum penalty for this offence is a Level 5 fine on the standard scale (now unlimited).

Bailiffs (Enforcement Agents)

Bailiff powers in England and Wales derive primarily from Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 (TCEA 2007). This legislation provides the statutory code for "taking control of goods," which replaced the older common law process known as "distress." The procedural requirements for enforcement are set out in the Taking Control of Goods Regulations 2013, and the fee structure is prescribed by the Taking Control of Goods (Fees) Regulations 2014.

A bailiff can only be instructed after a court or statutory enforcement authority is in place — such as a County Court Judgment (CCJ), liability order, or warrant. There are exceptions: HMRC can use bailiffs without court action for certain tax debts, and local authorities can instruct bailiffs for council tax arrears after obtaining a liability order. Private parking companies must obtain a CCJ before any bailiff involvement.

The term "bailiff" was officially replaced with "enforcement agent" in 2014, but "bailiff" remains in widespread common usage.

Scotland and Northern Ireland

Scotland and Northern Ireland operate under different systems. In Scotland, sheriff officers perform equivalent functions to bailiffs. They are court-appointed and have powers of entry and goods seizure. In Northern Ireland, there are no bailiffs. Instead, the Enforcement of Judgment Office (EJO), a government office, handles the enforcement of judgments.

The Consumer Credit Act 1974

The Consumer Credit Act 1974 regulates consumer credit agreements across the UK and provides certain rights to debtors. Under Sections 77 to 79, a debtor has the right to request a copy of their credit agreement. If the creditor is unable to produce the agreement, the debt may be unenforceable.

Notice of Enforcement

Before attending a property, a bailiff must send a Notice of Enforcement. This notice must be given at least 7 clear days before the bailiff visits. "Clear days" means the day the notice is served, the day of the visit, Sundays, and Bank Holidays are all excluded from the count. Failure to give proper notice invalidates the enforcement action and the associated fees. The notice must contain specific information as prescribed by Regulation 7 of the Taking Control of Goods Regulations 2013, including the amount of enforcement costs incurred and possible additional costs.

Visiting Hours

Bailiffs may only visit between 6:00 AM and 9:00 PM, as set out in Regulation 13 of the Taking Control of Goods Regulations 2013.

Entry and Use of Force

Under the general rule, a bailiff may enter premises peacefully. They cannot use force against persons at any time — this is prohibited under paragraph 24(2) of Schedule 12, TCEA 2007. Force may only be used against property, and only where statute expressly permits it: enforcement of criminal fines (under warrant, per the Magistrates' Courts Act 1980), limited HMRC cases, and at commercial premises where the court has granted specific permission (paragraphs 18–20 of Schedule 12, TCEA 2007).

In line with statutory guidance, bailiffs should not enter where only children under the age of 16 or vulnerable persons are present.

After Goods Are Taken

If a bailiff takes control of goods, they must provide a receipt. Goods cannot be sold for at least 7 days after being taken, as set out in paragraph 50 of Schedule 12, TCEA 2007. This period exists to allow the debtor time to pay and reclaim the goods.

County Court vs High Court Enforcement

County Court Judgments of £600 or more (excluding regulated consumer credit debts) may be transferred to the High Court for enforcement by a High Court Enforcement Officer (HCEO). Judgments under £600 can only be enforced by County Court bailiffs.

Limitation Periods

Under the Limitation Act 1980, a standard contract debt becomes statute-barred after 6 years in England and Wales (5 years in Scotland). Once statute-barred, the debt cannot be enforced through the courts, although it may still be requested. For mortgage shortfall debts, the limitation period is 12 years for the principal and 6 years for interest. The limitation clock restarts if the debtor makes a payment or a written acknowledgment of the debt, provided the limitation period has not already expired.

The fee structure for bailiff enforcement is prescribed by the Taking Control of Goods (Fees) Regulations 2014, which came into force on 6 April 2014. There are separate fee scales for County Court and High Court enforcement.

County Court / Non-High Court Enforcement

• The Compliance Stage fee is a fixed charge of £75 for sending the Notice of Enforcement. This fee is charged per enforcement power (each warrant or writ), not per visit. If multiple debts are being enforced simultaneously, the compliance fee applies to each one.
• The Enforcement Stage fee is £235, charged when the bailiff first attends the property to take control of goods, plus 7.5% of the sum to be recovered that exceeds £1,500.
• The Sale or Disposal Stage fee is £110 when goods are removed for sale, plus 7.5% of the sum to be recovered exceeding £1,500.

High Court Enforcement

• The Compliance Stage fee is the same: £75.
• The First Enforcement Stage fee is £190, plus 7.5% of the sum exceeding £1,000.
• The Second Enforcement Stage fee is a fixed £495, charged if no controlled goods agreement has been made.
• The Sale or Disposal Stage fee is £525, plus 7.5% of the sum to be recovered exceeding £1,000.

"A debt collector can send bailiffs to my home."

Debt collectors and bailiffs are separate roles. A debt collector cannot, by their own authority, instruct a bailiff. Bailiff action requires a court or statutory enforcement authority — such as a CCJ or a liability order. A debt collector's role is limited to requesting payment.

"Bailiffs can force their way in."

Under the general rule, bailiffs must enter peacefully. The use of force to enter is restricted to narrow circumstances where statute expressly permits it: enforcement of criminal fines, limited HMRC cases, and commercial premises where a court has granted permission. Even where force is permitted, it may only be used against property, never against persons.

"If I don't answer the door, they can't do anything."

This is a common misunderstanding. The rules surrounding entry are specific and depend on the type of debt and the type of property. The requirement for peaceful entry does not mean enforcement ceases if entry is not gained on the first visit.

"The debt is old, so it doesn't count."

A debt does not simply disappear with time. However, under the Limitation Act 1980, most simple contract debts become statute-barred after 6 years in England and Wales, meaning they can no longer be enforced through the courts. It is important to note that the limitation period restarts if the debtor makes a payment or provides a written acknowledgment of the debt, provided the period has not already expired.

"Everything in my house can be taken."

Certain goods are exempt from seizure. Tools of trade — items necessary for the debtor's employment, business, or study — are protected up to an aggregate value of £1,350 under Regulation 4 of the Taking Control of Goods Regulations 2013. Items that meet basic domestic needs are also exempt. Goods belonging to a third party (someone other than the debtor) cannot be taken, though the burden of proof lies with the debtor or third party to demonstrate ownership. Goods on hire purchase or conditional sale cannot lawfully be taken, as legal ownership remains with the finance company until the final payment. However, the law in this area is complex, and bailiffs may still attempt seizure.

HMRC and Council Tax

HMRC can use bailiffs without first going through court action for certain tax debts. Local authorities can similarly instruct bailiffs for council tax after obtaining a liability order. These are exceptions to the general rule that bailiff action follows a County Court Judgment.

Criminal Fines

For criminal fines, bailiffs can use force to enter a property under a warrant issued under the Magistrates' Courts Act 1980. This is a significant departure from the general requirement for peaceful entry.

Vulnerable Debtors

Additional protections exist for vulnerable debtors. Under Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014, enforcement stage fees are not recoverable from vulnerable debtors unless they have been given adequate opportunity to obtain advice before removal of goods.

Third-Party Goods

Goods belonging to someone other than the debtor cannot be taken by bailiffs. This is set out in paragraph 10 of Schedule 12, TCEA 2007. If a third party's goods are taken, that person can apply to the court within 7 days for their return, as provided under paragraph 60 of the same schedule.

Hire Purchase and Conditional Sale

Goods on hire purchase or conditional sale cannot lawfully be taken by bailiffs, as legal ownership remains with the finance company until the final payment is made. However, the law in this area is complex, and bailiffs may still attempt seizure. Evidence of the finance agreement may be relevant in such circumstances.

Transfer to High Court

County Court Judgments of £600 or more (excluding regulated consumer credit debts) may be transferred to the High Court for enforcement by a High Court Enforcement Officer. This distinction affects both the enforcement process and the fees that apply.

The distinction between debt collectors and bailiffs is not merely technical — it determines what powers the person contacting you holds and what rules govern their conduct.

• If you are contacted by a debt collector, that person or company is requesting payment. They hold no statutory power to enter your property or seize your belongings. Their conduct is, for consumer credit debts, regulated by the FCA under CONC 7, and the criminal offence of debtor harassment under Section 40 of the Administration of Justice Act 1970 applies.
• If a bailiff attends your property, they do so under statutory authority following a court or statutory enforcement process. They must have provided a Notice of Enforcement at least 7 clear days beforehand. They may only attend between 6:00 AM and 9:00 PM. They cannot use force against you. Certain goods are exempt from seizure. If goods are taken, there is a minimum 7-day period before any sale can occur.
• For both debt collectors and bailiffs, the Consumer Credit Act 1974 provides the right to request a copy of the original credit agreement for consumer credit debts. If the creditor cannot produce it, the debt may be unenforceable.
• The limitation period for most simple contract debts is 6 years in England and Wales, after which the debt becomes statute-barred and cannot be enforced through the courts. For mortgage shortfalls, this period is 12 years for the principal debt and 6 years for interest. Any payment or written acknowledgment restarts the clock, provided the limitation period has not already expired.

• Distinct Roles: Debt collectors request payment; bailiffs have statutory powers to take control of goods.
• Bailiff Authority: Powers derive from Schedule 12 of the TCEA 2007. Action generally follows a court order.
• Notice: Bailiffs must give 7 clear days' notice via a Notice of Enforcement.
• Entry: Bailiffs must generally enter peacefully. Force is only permitted in specific statutory circumstances (e.g., criminal fines).
• Protection: Protected goods include tools of trade (up to £1,350), basic domestic needs, and third-party goods.
• Limitation: Most debts become statute-barred after 6 years (12 years for mortgage capital).
• Fees: Bailiff fees are fixed by law (e.g., £75 compliance fee, £235 enforcement fee).
• Scotland/NI: Separate legal systems apply.