Your Questions
Can bailiffs force entry for council tax debt?
No.
A bailiff is acting under a power conferred under a "Liability Order". These only enable bailiffs to take control of goods to sell and pay the debt. It is not authority to force entry to any private home.
What is an enforcement agent?
A person authorised by a Judge to hold a certificate enabling him to take control of a debtor's goods to pay a debt owed by him. It is a statutory position created by section 62 of the Tribunals Courts and Enforcement Act 2007.
What is an enforcement officer?
Enforcement agents like to think they are "officers". They are not. A High Court Enforcement Officer is a person authorised by the Secretary of State for Justice to execute High Court Writs. It is a statutory position created by regulation 6 of the High Court Enforcement Officers Regulations 2004.
What times are bailiffs allowed to visit?
Between 6am and 9pm on any day of the week. Regulation 13 of the Taking Control of Goods Regulations 2013.
What is a warrant of distress?
These are obsolete. Replaced with a Warrant of Control. Originally used to recover unpaid magistrates' court fines under section 76 of the Magistrates Courts Act 1980.
What is a warrant of execution?
These are obsolete. Replaced with a Warrant of Control. Originally used to recover unpaid traffic debt under Civil Procedure Rule 75.
Can I go to jail for not paying a fine?
Yes. Only a magistrates' court fine. Not a parking fine.
This is very rare and only as a last resort. Bailiffs and enforcement agents cannot send you to prison. Section 79 of the Magistrates Courts Act 1980. Magistrates do not like sending defaulters to prison because it burdens the taxpayer.
Can bailiffs enter your house when you are not there?
Unpaid court fines: Yes.
All other debts: No, unless the bailiff applies for special permission from a court (which is rarely given).
Can bailiffs force entry for council tax debt?
No.
Can bailiffs take pets?
Yes, but it is not practical.
Can bailiffs come on a weekend?
Yes.
Can a bailiff take my car?
Yes, provided it is not on hire purchase, leased or exempt goods.
What is Marston Holdings?
The stylised name for a bailiff company called Marston Group Limited. The name Marston Holdings is used for the enforcement of magistrates' court fines. For other debts, they use the name Marston Group Limited. They are headquartered in Waltham Abbey.
Can bailiffs take my sofa?
Yes, provided the fire safety labels are attached.
Otherwise no. Sofas without the fire safety labels cannot be re-sold commercially. Section 10 and others of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989 and 1993) and are worthless.
Can bailiffs take my clothes?
No.
They are exempt goods. Regulation 4(1)(b) of the Taking Control of Goods Regulations 2013.