Can bailiffs refuse a payment plan?

Before making a payment offer to bailiffs, work out what you can realistically afford.

Create a budget listing all the money you have coming in and going out. 

Don’t be tempted to offer more than you can afford to pay.

If you agree to a payment plan that you can’t stick to, you might be hit with extra charges that could make your financial situation worse.

It’s also worth checking to see if you can improve your offer by making sure you’re claiming all the financial support you’re entitled to or by increasing your income in some other way e.g. asking for extra hours at work.  

Send a copy of your budget to the bailiffs, along with a short letter explaining why you can’t pay in full. Offer to pay what you can afford, either weekly or monthly.

Sending a copy of this information to your creditor may help because if they’re happy with your proposed payment plan, the bailiffs will be too.

You can find who your creditor is on a letter you’ll have received from the bailiffs called a ‘notice of enforcement’.

If you’re posting this information, send it by recorded delivery if possible (the creditor will need to sign for it) or ask for a free proof-of-postage receipt.  You can also send your information by email.

Keep a copy of the information sent and any replies received because you might need them later.

If bailiffs accept your payment offer

Ask them to send you a written agreement.

This should be signed by you and the bailiffs to make it binding.

If the bailiffs refuse your payment offer

Don’t simply accept their refusal and wait to see what happens. There are steps you can take to try to get them to change their mind. Demonstrating a willingness to pay may go in your favour down the line.

Call your creditor

You’ve sent a copy of your payment offer to your creditor, so ring them to see if they’ll accept it. They may take a different stance from the bailiffs.

Make the payments you offered anyway

If you don’t have any luck with your creditor, it’s still a good idea to try and pay what you can afford. Later on, if they take further action against you, the fact you’ve tried to pay will demonstrate a willingness on your part to clear the debt.

You should be able to find your creditor’s payment details in previous letters they’ve sent.

If they return the money, save it in case they change their mind and decide to accept your offer.

Ask the court to decide

If the money you owe is a county court or high court debt, there’s another step you can take. You can apply to the court to make a ruling on how much you should pay.

To do this, fill in form N245 for a county court debt or form N244 for a high court debt. They’ll want to see a copy of your budget.

You’ll know if you have a county court or high court debt, as your creditor will have taken you to court to try and get you to pay.