If you’re facing bailiff visits or bailiffs have contacted you about unpaid debts, an Individual Voluntary Arrangement (IVA) can help you avoid further bailiff action. Once your IVA is approved, your Insolvency Practitioner will contact the bailiffs to stop enforcement action, giving you immediate legal protection.
An IVA is a legally binding agreement between you and your creditors that freezes interest and charges, stops legal action, and lets you repay what you can afford over 5-6 years. Any remaining qualifying debt is then written off**.
What to Do If You’re Facing Bailiffs
Bailiffs are enforcement agents with legal authority to collect outstanding debts. They typically only get involved after a court order has been issued against you – you’ll receive this from the magistrates’ court, county court, or high court, depending on your debt type. The exception is HMRC debts, where Revenue and Customs don’t need a court order to instruct bailiffs.
What Bailiffs Can and Cannot Do
Bailiffs have legal powers, but these are limited by law. A bailiff can enter your property through unlocked doors, but bailiffs cannot usually force entry on a first visit for most debts (except for specific debts like unpaid court fines, tax debt from HMRC, or Stamp Duty).
Bailiffs cannot:
- Force entry on a first visit for most debts
- Enter if only children under 16 or vulnerable people are present
- Visit between 9pm and 6am
- Take belongings that don’t belong to you
- Take essential items (beds, cooker, fridge, washing machine)
- Use threatening or abusive behaviour
Before you provide any information or let bailiffs in, verify who they are. Ask them to show their ID through your window or letterbox. Check they’re registered on the certificated bailiffs register or the High Court Enforcement Officers directory. If they’re a debt collector, you can ask them to leave.
How an IVA Can Stop Bailiffs
An IVA can stop bailiffs from taking enforcement action against you for debts included in the arrangement. Once your IVA proposal is approved by creditors at the decision procedure, several things happen automatically:
Bailiff action must stop – Any ongoing bailiff visits or enforcement action must cease once the bailiffs are notified of your IVA.
Legal protection begins – Creditors cannot pursue legal action or instruct bailiffs to collect debts included in the IVA.
Interest and charges freeze – All interest and penalty charges stop accumulating on debts in your IVA.
One monthly payment – Instead of dealing with individual creditors and bailiffs, you make one affordable payment to your Insolvency Practitioner based on what you can realistically afford.
Your licensed Insolvency Practitioner will contact the bailiffs as soon as your IVA has been approved. This usually happens within days of approval, though it may take up to two weeks for all systems to be updated.
What Debts Can an IVA Stop Bailiffs Collecting?
An IVA prevents creditors from taking legal action or enforcement action for most types of unsecured debt, including:
- Credit card debt and personal loans
- Council tax arrears (up to the date your IVA is approved)
- County Court Judgment debts
- Income tax and VAT debt owed to HMRC
- Benefit overpayments
- Payday loans and overdrafts
- Unpaid court fines (in some circumstances)
Once these debts are included in your IVA and the IVA is approved, bailiffs must stop their efforts to collect them. If you owe the debt to a creditor and it’s unsecured, it can usually be included in your IVA agreement.
Debts That Cannot Be Included in an IVA
Some debts cannot be included in an IVA, which means bailiffs may still take action to collect them:
- Secured debts (mortgage, car finance)
- Student loans
- Child maintenance arrears
- Criminal court fines (in most cases)
- TV licence arrears
If bailiffs are collecting these types of debt, an IVA cannot stop their enforcement action. However, your Insolvency Practitioner can advise you on how to deal with these debts separately.
Applying for an IVA to Stop Bailiff Visits
Setting up an IVA provides legal protection once it has been approved by creditors. The benefits of an IVA go beyond just stopping bailiffs – it gives you a clear route to becoming debt-free.
How the IVA Process Works to Stop the Bailiffs
When you apply for an IVA:
- Initial consultation – Speak with an Insolvency Practitioner who reviews your financial situation
- IVA proposal preparation – Your Insolvency Practitioner creates a formal proposal outlining affordable repayments
- Creditor decision – The proposal is sent to all creditors included in the IVA for approval
- IVA agreement approved – If creditors holding 75% of your debt value agree, the IVA becomes legally binding
- Protection begins – Your Insolvency Practitioner will contact the bailiffs and creditors, and enforcement action must stop
This process usually takes 4-6 weeks from initial contact to approval. Taking prompt action by applying for an IVA can help you regain control before bailiff visits escalate.
Can an IVA Stop Bailiffs After a Controlled Goods Agreement?
Yes. Even if you’ve signed a Controlled Goods Agreement with bailiffs, an IVA can stop bailiffs from taking your belongings or forcing entry to your home.
Once your IVA is approved and your Insolvency Practitioner notifies the bailiffs, they must stop enforcement. The Controlled Goods Agreement becomes void because the debt is now part of your legally binding IVA agreement with all your creditors.
This is why applying for an IVA can be valuable – it automatically stops enforcement action even at advanced stages of the bailiff process.
What Happens If Bailiffs Contact You After Your IVA Is Approved?
Occasionally, bailiffs may contact you in the days immediately after your IVA is approved, before their systems have been updated. If this happens:
- Inform the bailiff that you have an approved IVA
- Provide them with your Insolvency Practitioner’s contact details
- Give them a copy of the IVA proposal and Chair’s report if requested
- Contact your Insolvency Practitioner immediately
The bailiff must stop action once they’re aware of your IVA. If they continue to pursue the debt after being notified, your Insolvency Practitioner will contact the bailiffs to stop this immediately.
When Should You Consider an IVA for Debt?
An IVA could be suitable if you:
- Owe £7,000 or more in unsecured debt
- Are facing bailiffs for council tax, County Court Judgments, or tax debt
- Have regular income to make affordable IVA payments
- Want to avoid bankruptcy
- Need legal protection from creditors and bailiffs
- Can’t maintain current debt repayments
An IVA can help you deal with bailiffs while providing long-term debt relief. Unlike a simple payment plan with bailiffs, an IVA is a legally binding agreement that prevents creditors from taking further action once approved.
Can an IVA Stop Council Tax Bailiffs?
An important point to understand: an IVA can include a debt for council tax arrears up to the and including the Council Tax year the IVA is approved. Any council tax you fall behind on in the Council Tax year after IVA starts cannot be added to the arrangement.
This means you must keep up with your ongoing council tax payments during your IVA. If you fall behind on new council tax debt, the council can instruct bailiffs to collect it, and your IVA won’t protect you from this action.
Will an IVA Stop High Court Enforcement Officers?
Yes, an IVA can stop high court enforcement officers from taking action to collect debts included in your arrangement. Once your IVA is approved, all enforcement agents – including High Court enforcement officers – must cease their efforts to collect the debt included in the IVA.
Your Insolvency Practitioner will notify them of the legally binding agreement, and they must follow the same rules as other bailiffs.
IVAs and Bailiffs FAQs
Can an IVA stop bailiffs immediately?
An IVA can stop bailiffs once it’s approved by your creditors, which typically takes 4-6 weeks from your initial consultation. Your Insolvency Practitioner will contact the bailiffs as soon as your IVA is approved. In urgent cases, you may be able to apply for Breathing Space to get immediate temporary protection while your IVA is being set up.
What happens if bailiffs visit before my IVA is approved?
If bailiffs attend before your IVA has been approved, tell them you’re setting up an IVA and provide your Insolvency Practitioner’s details. Don’t let bailiffs in or sign any agreements. Contact your Insolvency Practitioner immediately so they can communicate with the creditor.
Do I still need to pay bailiffs if I have an IVA?
No. Once your IVA is approved, you don’t make payments to bailiffs or individual creditors. You make one monthly payment to your Insolvency Practitioner, who distributes the money to your creditors according to the IVA agreement. Bailiffs cannot collect payments for debts included in your IVA.
Can bailiffs take my car if I have an IVA?
An IVA prevents bailiffs from taking your vehicle for debts included in the arrangement. Subject to creditor approval, you can typically keep a reasonable vehicle needed for work or family transport (usually valued under £6,000).
What if creditors refuse my IVA and bailiffs are still pursuing me?
If creditors don’t approve your IVA, your Insolvency Practitioner can help you explore other options. This might include revising the IVA proposal or signposting other formal debt solutions.
Can I get an IVA to stop bailiffs collecting council tax?
An IVA can include council tax arrears and stop bailiffs from collecting this debt. Council tax debt up to the date your IVA is approved can be included in your agreement. However, you must keep up with new council tax payments during your IVA.
How quickly will bailiffs stop contacting me after my IVA is approved?
Your Insolvency Practitioner will contact bailiffs immediately after your IVA is approved. Most bailiffs usually stop contact within a few days, though it may take up to two weeks for systems to be updated. If bailiffs contact you during this period, inform them of your IVA and provide your Insolvency Practitioner’s details.
Can an IVA stop bailiffs if I’ve already signed a Controlled Goods Agreement?
Yes. An IVA can stop bailiffs even after you’ve signed a Controlled Goods Agreement. Once your IVA is approved, the agreement becomes void and bailiffs must stop enforcement action. This prevents bailiffs from taking goods listed in the agreement or forcing entry to your home.
