What are the doorstep debt collection rules?

Getting letters, texts and phone calls about money you owe can be stressful enough. But when debt collectors turn up at your door, things suddenly get very real. Don’t panic! We’re here to talk you through the rules around doorstep debt collection, and what you need to do.

The difference between debt collectors and bailiffs

Bailiffs have legal powers that debt collectors do not. So if someone visits you at home about money you owe, the first and most important thing you need to do is establish whether this is a debt collector or a bailiff.

Debt collectors are not allowed to tell you that they are bailiffs, but they might be deliberately vague. That’s why you should always ask to see some ID.

If their ID says that they are a debt collector, doorstep collector or field agent, this is not a bailiff. If they are a bailiff, their ID might say ‘enforcement agent’ or ‘enforcement officer’.

You should also ask what debt they’re collecting. Bailiffs may visit to collect council tax debts, child support debts, debts relating to the court (including criminal court fines and County Court Judgements (CCJs), and unpaid tax or National Insurance. You won’t be visited by a bailiff for credit debts like loans, catalogues or credit cards, unless these debts have resulted in a CCJ.

What to do if a bailiff visits

Bailiffs receive their instructions in the form of a warrant from the court. This warrant gives them the power to take things from your home.

However, although they have the powers to take your possessions, most bailiffs do not have the power to break in and take them. (The exceptions to this include when bailiffs are collecting unpaid tax or criminal fines. But even in those cases, they’ll need to go back to court for permission to break in. Most of the time, this doesn’t happen.) They are only allowed to come in through a door, with your permission, ‘in a peaceful way’. So, they’re not allowed to shove past you, to climb through a window, or to come in if there are no over-16s at home.

If you let a bailiff in, they will make a list of things they could take away and sell. They usually won’t take these things at that point. They will leave and come back later. On this later visit, they can legally force their way into your home. In the meantime, they will have what’s called ‘walking possession’ of the items on the list, so you’re not allowed to get rid of these things or hide them.

In the short term, the best way to protect yourself and your possessions is to refuse to let the bailiffs in. Then speak a debt advice expert immediately.

What are the rules for debt collectors?

Debt collectors may work for the organisation you owe money to, or they may work for a separate debt collection agency. Larger debt collection agencies have debt collectors working across the country.

Debt collectors can visit you at home, but not at your workplace. They’re required to give you advance notice before they turn up.

If you get a letter advising you that a debt collector will be visiting, don’t ignore it – but don’t panic, either. If you’re able to ring the debt collection agency and make a payment, or work out a repayment plan you can afford, then do so. But if you can’t afford to pay them, or you don’t feel confident talking to them yourself, then it’s probably time to get some expert debt advice.

If a debt collector comes to your door, remember they must act in accordance with certain rules. These rules are set out by the Financial Conduct Authority (FCA). If you feel that an agent that has come to your home has broken these rules, you’re within your rights to make a complaint. Citizens Advice’s articles about harassment by creditors explain what to do. Here are some of the rules debt collectors need to follow:

• They must tell you exactly who they are, who they’re acting on behalf of and what you owe
• They do not have the authority to take and sell your possessions. They cannot force entry into your home. The only thing they can do is ask you to repay the debt.
• They can’t tell anyone else about your debts. It’s an offence for them to threaten to do so, or to intimidate you in any way.
• If you ask them to leave, they must do so.

Of course, this is only a short-term solution. If you’re being contacted by debt collectors, it’s often a sign that you need help with your debts – and that you should seek expert debt advice.  And remember, prevention is better than cure. The earlier you get help, the less stressful and expensive it will be to resolve your money worries.