Bailiffs

DOES YOUR CASE MEET THE FOLLOWING?

The CSA must carry out full checks on a case before it can be passed over.

• The debt is for at least £150.00
• No child maintenance payments have been received in the last 3 months
• There is NO ongoing legal enforcement OR appeal action.
• The Debt is correct
• The last maintenance assessment is 100% correct

If you have a payment schedule in place and DO NOT default, this may not prevent LO applications. However, your case should not be set for enforcement action to recover outstanding monies.

If a case meets all criteria:

THE BAILIFFS ARE CALLING
 
If the CSA advise you or you receive a letter to inform you bailiffs are instructed on your case, you must apply for your DP files if you are not already in possession of them. As explained elsewhere you are entitled to this information by LAW under the data protection act.

Before the bailiffs can be instructed the CSA must have been granted a liability order by the courts. A liability order is explained in a separate section.

Under the Collection and Enforcement Regulations, the CSA was authorised to appoint Bailiffs to levy distress for arrears of Child maintenance arrears. The relevant Statutory Legislation concerning this is the Child Support (Collection and Enforcement) Regulations 1992, Section 30
 
Terms commonly used by bailiffs:

Levying of distress: Put in simple terms it means the taking of one’s belongings for sale, monies gained from proceeds would be used towards settling the maintenance debt.
 
Nulla bona: simply means gone away unable to contact

walking possesion order: when a bailiff has entered your property following an invite, he will write a list of items for removal for sale( this is called a walking possesion order. The creditor(NRP) will be asked to sign this document. Please note when a bailiff is in possesion of such an order, if the NRP fails to keep any agreeement made, the bailiff can force entry and remove the goods listed
What powers do bailiffs have?
 
Bailiffs are instructed to try and gain payment, or at least a reasonable agreement to pay the arrears off in instalments. If the NRP fails to reach a solid agreement, bailiffs may attempt to levy distress.

Bailiffs are NOT under any circumstances allowed to force entry into premises. They must first be invited (AN OPEN WINDOW OR DOOR CAN BE SEEN AS AN INVITE) for this reason doors and windows must remain locked. If they are not invited the CANNOT levy distress.
 
Prior to taking Bailiff Action, the CSA should give consideration to how effective levying of distress would be. The following checklist should be followed there any decision is made.

Welfare of the child (this means ALL children involved)  both qualifying and relevant children should be given consideration.
 
Is the non resident parent potentially violent, would the violence be used against the parent with care?
 
Whether the agency could be seen as insensitive for example someone in the household was sick or disabled, or there had been a recent death.
 
Is the non resident parent on a low income, or benefits?  
 
Does the non resident parent own anything to levy distress upon?
 
Is the non resident parent over 18 years old and therefore classed as adult (Child Support act 1991 Section 55

In some cases it may not seem appropriate to instruct bailiff action for example those listed above. However the threat of action may result in the non resident parent making an agreement to pay.
 
When bailiff action is instructed by the agency it is usually within 7 days of instruction the bailiff makes their first visit. If they cannot find the NRP or are unable to gain entry to the property a note will be left, advising the occupiers of the attendance and intention to return. A return visit will usually happen within 14 days, if unable to gain access on this visit the bailiff is likely to return the order to the agency Nulla bona ( gone away)
 
On getting this notice if the NRP has no belongings or is not resident at the address, please inform the bailiff by phone.
 
If you have a vehicle on the property, it is your responsibility to provide proof of ownership.
 
What are bailiffs not allowed to take?
 
The following list is contained under the Child Support Agency, Collection & Enforcement Regulations. The relevant Statutory Legislation concerning this is the Child Support (Collection and Enforcement) Regulations 1992, Section 30.

• Tools, books, vehicles, and other items of equipment which are necessary for the non-resident parent to carry out their employment, business or vocation.
• Clothing, bedding, furniture, household equipment and provisions which are needed   to satisfy the basic domestic needs of the non-resident parent and their family, such   as the following:

• Clothes reasonably required for the debtor and his family
• Medical aids or equipment
• Educational or training articles reasonably required for the debtor and family (this does   not include home computers)
• Children’s toys
• Articles for the care and upbringing of a child, for example, pushchairs, prams
• Articles for the care of someone physically or mentally disabled, for example,   wheelchair
• Articles used for cleaning, mending, pressing clothes
• Articles used for cleaning the home
• Bed and bedding required by the members of the household
• Household linen
• A table (unless a breakfast bar or the like is available) and a chair for each member of the family
• Food
• Lights or light fittings, except where free standing
• Heating appliances, except where free standing, unless they provide the only form of  heating and there is a child or elderly person living in the home
• Curtains
• Floor coverings, where the bare floor would be exposed if removed
• Cooking utensils, refrigerators, a cooker (excluding microwaves which are not the only   form of cooking)
• Washing machines (where there is a child under 11 or if there is incontinence in the   family)
• Cleaning equipment including vacuum cleaners
• Any articles required for the safety of the persons living in the home
• Tools used within the household reasonably required for domestic repair

BAILIFFS CANNOT LEVY DISTRESS WITHOUT AN INVITE INTO THE PROPERTY, OPEN DOORS AND WINDOWS ARE SEEN AS AN INVITE (SO LOCK THEM ALL). BAILIFFS WILL TRY TRICKS TO GAIN ENTRY IF THEY ASK TO USE THE TOILET/PHONE ETC TELL THEM POLITELY NO.

IF THE BAILIFF GAINS ENTRY TO THE PROPERTY THE NRP WILL BE 

ASKED TO SIGN AWALKING POSSESIONS ORDER. ARMED WITH THIS

 DOCUMENT A BAILIFF CAN FORCE ENTRY IF ANY AGREEMENT IS BROKEN

For more in depth information on bailiffs and any other enforcements please refer to our Forum.