The idea that someone is going to visit your home to collect a debt can be frightening. This is especially the case if you’re not sure what they’re allowed to do. In this article, we explain how to deal with debt collectors if they visit your home (it may be easier than you expect).
The quick answer
Debt collectors do not have any special legal powers. Whilst a debt collector could visit your home to collect a debt, they can only ask you to pay the debt. They are not enforcement agents (commonly known as bailiffs), so they have no right to enter your home or to take anything that belongs to you. You do not have to speak to a debt collector if they visit. You could choose to ignore them or just tell them to leave your property.
Most creditors and debt collection agencies rarely use doorstep collectors. They will send letters, emails or call by phone instead. It is normally best to deal with debt collectors in writing, so you have a record of what has been said. If you have been contacted by a debt collector and are not sure what to do, call National Debtline for free advice. We also have free sample letters that you can use to contact them in writing.
Debt collectors vs bailiffs or enforcement agents
Debt collectors are not enforcement agents. They have the same legal powers as you do if you are owed money by someone. You can ask them to pay, but you can’t threaten or harass them. You cannot take things that belong to them without their permission. If you can’t come to a fair agreement, you could make a court claim for the money you are owed. If you want to read more about debt collectors, see our article How to deal with debt collectors.
Enforcement agents are more commonly called bailiffs. Bailiffs have some rights to enter your home and take things that you own. But in most cases, even a bailiff cannot force their way into your home. A bailiff can only collect a debt if they have been given the legal right to do so. This will normally mean that your creditor will have to ask a court to give permission for bailiffs to be used. If you want to read more about bailiffs, see our article Understanding bailiffs.
How to tell which one it is
Debt collectors may work for a creditor or a debt collection agency (DCA). Your debt may be passed from your creditor to a DCA so they can collect it for them. Or it may be sold to a DCA, so you now owe the money to them instead. A creditor should tell you if they pass or sell the debt on to a DCA.
If you are contacted by a debt collector and you are not sure if they should be collecting a debt, you could contact your creditor to confirm that the debt has been passed or sold on. If you haven’t made any payments towards the debt for some time, contact us first. There can be limits on how long a creditor or DCA has to take court action to recover a debt. The time limit could be extended if you contact them in writing or make a payment. To find out more about time limits, see our Statue barred debts guide.
An enforcement agent (commonly known as a bailiff) cannot visit to take control of your goods unless a warrant or writ has been issued saying they can do this. In most cases, a warrant or writ can only be issued following an order from a court. You can find out more about the debts that can be collected by bailiffs and when this can happen in the following guides.
A bailiff must send you an enforcement notice giving you seven clear days’ notice when they are going to visit you for the first time. If you get an enforcement notice, contact us for advice. An adviser will be able to explain the best way to deal with the bailiff, including the steps you can take to stop them from being able to take anything that belongs to you.
Sometimes bailiff firms also work as debt collectors. If they are doing this, they only have the same powers as other debt collectors. They cannot come into your home without your permission and they cannot take things that belong to you. A bailiff firm should tell you if they are working as a debt collector rather than as a bailiff, but we have seen cases where they haven’t made this clear. If someone contacts you and you are not sure whether they are a bailiff or a debt collector, call National Debtline for free help from one of our professional advisers.
What powers they do and do not have
Debt collectors do not have any special powers to collect a debt. They can only take the steps that your original creditor could take to recover the money owed to them. In fact, you have the same legal rights as a debt collector if you are owed money.
- They can ask you to pay. This could be by phone, email or letter.
- They could visit your home to ask you to pay. This is rare. You do not need to speak to them and you can tell them to leave.
- They may be able to make a court claim, but they should send a letter telling you they are going to do this first.
- They are not allowed to threaten or harass you.
- They cannot take your belongings or sell them to repay your debt.
- They cannot tell other people, such as friends, family or your employer, that you are in debt unless you have given them permission to do so.
If a bailiff has been given a warrant or writ, they do have some special powers to collect a debt. However, there are still a lot of rules that they have to follow.
- A bailiff can enter your home to take control of goods, but they usually need your permission to do this. Permission can count as being given if you let them in or if they can let themselves in because you have left a door unlocked.
- A bailiff is allowed to enter a property where you live or carry on a business. They cannot normally enter other properties, such as the home of a family member, unless you live or carry on a business there.
- They may be able to take your car (or another vehicle) if it is parked on a public road or on your property. They cannot break into a locked garage or take the vehicle from a property that belongs to someone else (unless you live or carry on a business there).
- There are rules stopping them from taking essential goods. In some circumstances, a car (or another vehicle) might be considered essential.
- They are allowed to take things that belong solely or jointly to the person that owes the money. They should not threaten to take things that clearly belong to someone else.
- Once a bailiff has taken control of goods, different rules apply. If you are not sure if this has happened, get advice.
Bailiff rules can be complicated, and the steps you need to take can be different depending on the type of debt owed. If you think a bailiff is going to visit, get free advice from National Debtline as soon as you can. An adviser will explain all the steps to take to keep your goods safe and stop further visits.
You can find out more about how bailiffs collect different types of debt and how to deal with this in the following guides.
What to do if a debt collector visits
Debt collectors rarely make home visits. It is much cheaper to call or write. And, unless the visit has been pre-arranged with you, they don’t even know if you will be in.
What to say at the door
You do not have to speak to a debt collector if they visit your home. We recommend sticking to doing things in writing. That way, you’ll have a record of what’s been said. If you’d prefer not to speak to someone visiting your home, you can just ignore them. Alternatively, you could just politely ask them to leave and to contact you in writing in the future.
What to do next
If you are not sure if you owe the money, or the debt collector is trying to recover an old debt, call National Debtline. Our advisers will give you free advice about how to check if you owe the money and on your rights to complain if you don’t. They will also tell you whether the debt could be time barred.
If you receive a bailiff notice instead
A bailiff should send an enforcement notice to you before their first visit, giving you at least seven clear days’ warning that they are coming. If you receive an enforcement notice, call us straightaway for advice.
You may be able to prevent a visit by offering to make regular affordable payments towards the debt. Use My Money Steps to work out what you can afford to pay. Depending on the type of debt being collected, you may be able to ask the creditor to take the debt back or get a court to suspend the bailiff action.
If a bailiff is about to visit, keep your doors and windows locked. A bailiff shouldn’t try to enter your home through an open window, but it is best to make sure they can’t. If you have a vehicle, keep it in a locked garage or keep it away from your home. If need to keep the vehicle away from your home, ideally park it on a property that belongs to someone else rather than on a public street. A bailiff may be able to take a car if it is parked on your driveway or a public street.
Bailiff rules can be complicated and may be different depending on the type of debt being collected. Read the guide that covers the type of debt being collected or call us for free advice.
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Council tax arrears guide
County court bailiffs guide
High Court enforcement guide
Magistrates’ court guide
Penalty charge notices guide
Get free debt advice
National Debtline can give you free professional advice if a debt collector or a bailiff has contacted you. Our advisers will explain how to deal with a visit and the steps you can take to stop this from happening. They can also help you work out a plan to clear your debts.
Frequently asked questions
Can debt collectors come to your house and enter your home?
A debt collector is not a bailiff and can only come into your home if you invite them in. You do not need to speak to a debt collector if they visit. It is usually best to only communicate in writing. You can ask them to leave if you want to.
Can they take anything: belongings, car, money in your bank account, pension, house?
A debt collector doesn’t have the same legal powers as an enforcement agent (more commonly known as a bailiff). A debt collector cannot take things that belong to you to repay your debts. They can only ask you to pay. As a last resort, they could make a court claim for repayment of the money. They should write to you to tell you that they are going to do this.
If you receive a letter saying a court claim is going to be made, or receive a court claim in the post, call for free advice. The following guides also explain about what you can do.
