Debt Rights in 2026: Bailiffs, DROs, Breathing Space & More

Breathing Space — 60 days of protection

Breathing Space (Debt Respite Scheme) gives you a 60-day period during which:

• Creditors cannot contact you about qualifying debts
• No interest or charges can be added
• No enforcement action (bailiff visits, court proceedings) can be started

You must apply through a debt adviser — you cannot apply directly. Contact StepChange, Citizens Advice or National Debtline. A mental health crisis Breathing Space lasts for as long as your mental health crisis treatment lasts, plus 30 days.

Debt Relief Orders (DROs)

A DRO is a form of insolvency for people with relatively low debts. You can apply if:

• Your qualifying debts are £50,000 or less
• Your surplus monthly income is £75 or less
• You have less than £2,000 worth of assets
• You do not own a vehicle worth £4,000 or more
• You're not a homeowner

If approved, your debts are written off after 12 months and creditors cannot pursue you during that time. You apply through an approved intermediary — StepChange can help. A Debt Relief Order has no fee. An approved intermediary cannot charge you for helping you apply.

Bailiff rights and what they can and can't do

Bailiffs (enforcement agents) have specific rules they must follow:

• Bailiffs must give you written notice at least 14 clear days before they take control of your goods. This has applied since 1 May 2026. The day the notice is given and the day they take control do not count. Sundays, bank holidays, Good Friday and Christmas Day also do not count. If a debt adviser asks for more time before the notice period ends, the minimum becomes 28 clear days. A court can order a shorter period only if your goods are likely to be moved or disposed of.
• They cannot force entry to your home for most consumer debts (credit cards, loans, parking fines)
• They cannot visit between 9pm and 6am
• They cannot threaten you, and can use force only in the limited cases below
• They must show ID and a warrant or authority to collect

For a magistrates' court warrant to collect a sum ordered on conviction, such as a criminal fine, a bailiff may use reasonable force to enter at the first visit if necessary. For debts recovered under section 127 of the Finance Act 2008, a bailiff needs a court warrant before using force. If bailiffs act unlawfully, complain to the company, the local authority that instructed them, or the Financial Ombudsman.

Statute-barred debt

In England and Wales, most debts become statute-barred after 6 years (5 years in Scotland) if:

• The creditor has not obtained a court judgment
• You have not made a payment toward the debt
• You have not acknowledged the debt in writing

A debt that is statute-barred still exists, but the creditor cannot sue for it. While the 6 years are still running, a payment or a signed written acknowledgment of the debt starts the 6 years again from that date. Once the 6 years have run out, a later payment or acknowledgment does not bring the right to sue back. An acknowledgment only counts if it is in writing and signed by the person making it or their agent. This is the law in England and Wales. Do not contact an old creditor about a potentially statute-barred debt without getting advice first.

Priority vs non-priority debts

Always deal with priority debts first:

• Priority: Mortgage/rent, council tax, gas/electricity, TV licence (criminal not civil), magistrates court fines, HMRC
• Non-priority: Credit cards, personal loans, overdrafts, store cards, catalogue debts

Non-payment of priority debts can result in losing your home, disconnection of utilities, or criminal prosecution. Non-payment of non-priority debts is serious but the consequences are less immediate.

Frequently asked questions