Fact Sheet - Bailiffs and High Court Writs
The bailiff attended about a judgment debt you knew nothing about
Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor a Notice of Enforcement before taking control of goods. It is the practice of DCBL not to give debtors a notice before attending because they stand to gain financial advantage. Otherwise, the enforcement address on the Writ of Control is wrong making the Writ a "defective instrument". Under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, the debtor can sue for damages for money taken under a defective instrument. Section 7 of the Interpretation Act 1978 says a document given by post is deemed served unless evidence to the contrary is shown. The wrong address on the Writ of control or the default judgment is evidence to the contrary. Civil Procedure Rule 23:10 says the debtor can apply to stay the enforcement because the address on the Writ of Control is evidence the debtor did not know about the judgment. If the bailiff has taken money or goods, the money or goods taken can be recovered by applying to set aside the default judgment.
The bailiff did not give you a Notice of Enforcement.
Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor a notice at least 7 days before taking control of goods. Civil Procedure Rule 6.26 says a document given by post is deemed served on the second business day after posting. If the bailiff company is DCBL, they do not give debtors a Notice of Enforcement. In their TV show Can't Pay? We'll Take It Away! the producer, Sue Crook, Brinkworth Films Ltd, wanted artistic licence by ambushing startled debtors on camera. After the show ended, DCBL continued the practice of not giving debtors notice because they knew courts always find for the enforcement agent when the service of the Notice of Enforcement is questioned. Ask the bailiff company to complete and return a form N215 certificate of service. Section 7 of the Interpretation Act 1978 says a document given by post is deemed served unless evidence to the contrary is proved. The bailiff's refusal letter to complete and return a form N215 certificate of service may be evidence to the contrary the bailiff gave the debtor s Notice of Enforcement. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs can only recover fees from the debtor when they use the Schedule 12 enforcement procedures, and Paragraph 7.1 is part of that Schedule 12 enforcement procedure. Under Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014, the debtor can apply for a detailed assessment and recover any fees the bailiff has taken.
The bailiff refused to show you the Writ of Control
Paragraph 26(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must show evidence of his authority to act at the debtors request or by anyone in charge of the premises being attended. The Writ of Control is the bailiff's authority to act. When a bailiff refuses to show the Writ of Control, then he knows the Writ of Control is defective. Otherwise, the bailiff would show it to you. This is a breach of Paragraph 26(1)(b) and under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 the debtor can recover damages for the breach. The bailiff is no longer "lawfully acting" when he breaches any Schedule 12 enforcement provision.
You want more time to pay the original debt
Civil Procedure Rule 83.7(3) provides for debtors to apply to stay the enforcement and Civil Procedure Rule 23:10 says debtors can apply to vary the judgment debt to be paid off at a monthly rate the debtor can afford. Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says the enforcement power under the Writ of Control ceases to be exercisable. Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014 says the enforcement fees and charges are not recoverable from the debtor when the enforcement process ceases.
Your name or company name is spelled wrong on the Writ of Control
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may only take control of goods belonging to the debtor. The Writ of Control can only be executed against the debtor named on the Writ of Control. A wrong name on the Writ of Control makes it a defective instrument. Paragraph 60 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says any third party may apply to the court within seven days for the return of all money the bailiff has taken or goods removed under the Writ of Control. If the bailiff took the money or the goods over seven days ago, under Sections 3-4 of the Torts (Interference with Goods) Act 1977, the third party may claim the money taken and apply for an injunction to recover his goods together with an application for costs. The third-party can do a chargeback with their bank. The bailiff must show the bank that the account holder's name is on the Writ of Control, otherwise, the bank will return the money taken to the account holder.
The address on the Writ of Control is wrong
Paragraph 9 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs can take control of the debtor's goods on a highway or the enforcement address shown on the Writ of Control. Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs can take control of the debtors' goods where he lives or carries on a trade or business. The Writ of Control showing a wrong address for the debtor is a defective instrument. Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor a Notice of Enforcement before taking control of goods. Section 7 of the Interpretation Act 1978 says a document given by post is deemed served unless evidence to the contrary is proved. The wrong address on the Writ of Control is evidence to the contrary the Notice of Enforcement was given to the debtor. If the bailiff refuses to show the Writ of Control, then he knows it is defective and he also knows the debtor was not given a Notice of Enforcement. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor can sue for the breach of Paragraph 7.1 and ask for money taken to be returned. Sections 3-4 of the Torts (Interference with Goods) Act 1977 provides for applying to the court for an order to make the bailiff return all goods removed or pay their replacement cost.
The bailiff forced you to pay someone else's debt
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may only take control of the debtor's goods. Paragraph 60 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says third parties can reclaim money the bailiff has taken under the pain of removing their goods. If the bailiff took the money or goods over seven days ago, then the third party can claim under Sections 3-4 of the Torts (Interference with Goods) Act 1977. If a bailiff writes on a document, the third party paid the money "voluntarily", then the bailiff knows he knowingly took the money transfer from a third party under the pain of removing third-party goods. The bailiff's document is evidence.
The bailiff attended your private address to enforce a company's debt
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may only take control of the debtor's goods. Directors and their limited companies are separate legal entities. The Writ of Control confers enforcement against the company named on it and bailiffs cannot transfer a company liability to one of its directors. Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may only take control of goods where the debtor trades. Bailiffs cannot enforce a Writ of Control showing the director's home address when the debtor company does not trade there. Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs must apply for that authority separately. Paragraph 60 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the director can make a third-party claim to recover money the bailiff has taken under the pain of removing his goods. If the bailiff took the money over seven days ago, under Sections 3-4 of the Torts (Interference with Goods) Act 1977, the director can claim for breach of Paragraphs 10, 14(6)(b) and 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.
You recently moved
Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor a Notice of Enforcement before taking control of goods. If the Writ of Control shows your previous address, then it is a defective instrument. Section 7 of the Interpretation Act 1978 says a document given by ordinary post is deemed served unless contrary evidence is proved. Your previous address shown on the Writ of Control is contrary evidence. If the bailiff refuses to show the Writ of Control, then he knows it is defective and also knows he is "not lawfully acting" as an enforcement agent. Civil Procedure Rule 23:10 says the debtor can apply to stay the enforcement if the Court did not give him the claim form. Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable. Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs may not recover fees and charges from the debtor when the enforcement process ceases.
The bailiff's fees look too high
Regulation 6(1)(a) of the Taking Control of Goods (Fees) Regulations 2014 and the Schedule says bailiffs may charge a Compliance Stage fee of £75 when he gives the debtor a Notice of Enforcement. Regulation 6(1)(b)&(c) says the bailiff may charge an Enforcement Stage fee £190 and a second Enforcement Stage fee of £495 plus 7.5% of the sum to be recovered exceeding £1000 when he attends and Regulation 6(1)(d) says bailiffs may recover a Sale Stage fee of £525 plus 7.5% of the sum recovered exceeding £1000 when the bailiff starts removing controlled goods belonging to the debtor. Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 gives the four prescribed methods bailiffs can take control of goods. Bailiffs cannot charge a Sale Stage fee if he has not taken control of the debtor's goods. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 says debtors can apply to the court to raise disputes about the amount of fees and disbursements the bailiff is demanding or taken.
The bailiff charged you an "Enforcement Stage fee" more than once
Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs may only recover one Enforcement Stage fee from the debtor regardless of the number of Writs being recovered against the same debtor simultaneously. Bailiff companies send different bailiffs to the same debtor to recover Writs of Control separately to multiply the Enforcement Stage fees by the number of Writs of Control being recovered simultaneously against the same debtor. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 says the debtor can apply to the court to raise a dispute over the amount of fees and charges being recovered. Civil Procedure Rule 84.16(2)(c) provides for raising disputes for breaching Regulation 11 of the Taking Control of Goods (Fees) Regulations 2014.
The bailiff charged you a "sale stage fee"
Regulation 6(1)(d) of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs may recover the Sale Stage fee when he starts removing controlled goods. Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 prescribed the four methods bailiffs can take control of the debtor's goods. The bailiff can choose whichever of those four methods. If the bailiff has not taken control of the debtor's goods, then the bailiff cannot recover a Sale Stage fee because there are no controlled goods to be removed. Bailiffs cannot charge a Sale Stage fee because he tells you he has "called a truck". Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 says the debtors apply to the court to raise a dispute about the amount of fees the bailiff has demanded or taken.
The bailiff charged you a "card fee"
Table 2 of the schedule to the Taking Control of Goods (Fees) Regulations 2014 provides the fees and charges bailiffs may recover from debtors. Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs may recover "disbursements" from the debtor. Sub-paragraph (2) prescribed a list of qualifying disbursements. Card Fees are not a qualifying disbursement. The debtor can ask their bank and make a chargeback and show evidence the bailiff charged an unregulated disbursement. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 says the debtor can apply to the court to dispute the amount of fees and disbursements the bailiff has taken.
The bailiff charged you VAT on his fees and charges
Section 63 of the Tribunals, Courts and Enforcement Act 2007 prescribes an "enforcement agent" to be an "individual" authority under a valid enforcement certificate. Search the HMRC public register of VAT registrants to see if the bailiff is VAT registered. If the bailiff is not VAT registered and is charging VAT, then he commits VAT fraud and you can report it online. Bailiff companies are limited companies and cannot stand as an "authorised individual", therefore the bailiff company may not recover VAT as input tax from debtors. They perform services to the creditor. Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014 says the debtor can apply to dispute the amount of fees and disbursements taken or demanded by the bailiff.
The bailiff refused to explain his fees and charges
Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor a Notice of Enforcement before taking control of goods. Regulation 7 of the Taking Control of Goods Regulations 2013 prescribes the form and content of the Notice of Enforcement. It says the notice must state the amount of any enforcement costs incurred up to the date on the notice and the possible additional costs of enforcement if the sum outstanding should remain unpaid. If the bailiff did not give the debtor a Notice of Enforcement, then Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may not recover any fees or charges because he did not use the Schedule 12 provisions. Paragraph 7.1 is a constituent of the Schedule 12 provisions requiring bailiffs to give notice with the prescribed content.
The bailiff is pestering you to pay his fees
Paragraph 6(3)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable when the "amount outstanding" is paid. Paragraph 50(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 defines the "amount outstanding" to be the debt owing and any amounts recoverable out of "proceeds". To generate proceeds, the bailiff must sell the debtor's goods to raise money. Paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 prescribed one of the four methods a bailiff can take to take control of goods. If the bailiff did not exercise any of the four prescribed methods, then he has not taken control of the debtor's goods, and there are no proceeds. Paragraph 50(3) leaves just the debt to be the "amount outstanding". When the amount outstanding is paid, then the enforcement power under the Writ of Control ceases to be exercisable under Paragraph 6(3)(a). Paragraph 59(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff is not liable if he takes an enforcement step unless the bailiff is given notice telling him the amount outstanding has been paid. This notice is called a "Paragraph 59 Notice".
An official advice agency recommended negotiating my debt directly with the bailiffs.
Official guidance from advice agencies and debt charities often suggests negotiating directly with bailiffs, but this approach can be detrimental. Bailiffs receive a fixed fee of £90 for debt recovery, so their primary goal is to collect the debt, often through aggressive methods. Engaging with them directly can weaken your position, as they focus solely on securing payment. To better protect yourself, address the debt through the appropriate authority. While Controlled Goods Agreements are mentioned in official advice, bailiffs typically prefer to tow vehicles, completing their tasks swiftly. Seeking debt counselling may be ineffective if the debt is disputed or if enforcement does not meet regulatory standards. Additionally, bailiff companies often operate under misleading addresses and names. Providing them with a financial statement jeopardises your data security, as you lose control over handling your personal and financial information.
The bailiff is recovering a judgment over six years old
Section 24 of the Limitation Act 1980 sets a time limit of 6 years to enforce judgments. Under Section 24(2), statutory interest ceases to accrue after 6 years from the date of the judgment. If the Writ of Control shows an issue date over six years from the date of the judgment, then under Civil Procedure Rule 83.7, the debtor may apply to the court to stay the execution of the Writ of Control. If the issue date on the Writ of Control is less than six years from the date of judgment then, Regulation 9(1) of the Taking Control of Goods Regulations 2013 sets a limit of 12 months from the date of issue shown on the Notice of Enforcement for the bailiff to take control of goods.
The bailiff attended less than 12 calendar days from the date printed on the Notice of Enforcement
Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may not take control of goods unless the bailiff gives the debtor a Notice of Enforcement. Regulation 6 of the Taking Control of Goods Regulations 2013 says the bailiff may not take control of the debtor's goods less than seven days after being given the Notice of Enforcement. Part 6.26 of the Civil Procedure Rules says a document given by post is deemed served on the second business day after posting. If bailiffs take control of goods before the combined time lapses then under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, the debtor can claim damages for the breach and apply for an order for the return of money taken or goods removed by the bailiff.
You are a vulnerable person
Paragraph 77 of the Taking Control of Goods: National Standards published by the Ministry of Justice on 6 April 2014 provides a list of groups that might be vulnerable, including, disabled people, the unemployed, people who are seriously ill, single parents, pregnant and the recently bereaved. Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs may not recover Enforcement Stage fees and disbursements from vulnerable debtors unless the bailiff gives vulnerable debtors adequate time to get advice before removing goods. Civil Procedure Rule 84.16(3)(c) says vulnerable debtors may apply to the court to dispute the Enforcement Stage fees taken or demanded by the bailiff. Bailiff companies say they have a "welfare department", but this is a red herring. Bailiffs and bailiff companies are not medically qualified to adjudicate a debtor's vulnerable status.
The bailiff is enforcing a judgment under £600
Article 8 of the High Court and County Courts Jurisdiction Order 1991 amended by Paragraph 8 of the High Court and County Courts Jurisdiction (Amendment) Order 1999 sets a minimum judgment sum over £600 to qualify for enforcement under a High Court Writ of Control. Under Civil Procedure Rule 83.7(1) the debtor may apply to the court to set aside the Writ of Control. Paragraph 6(3) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable. Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff's fees and disbursements are not recoverable when the enforcement process ceases.
The bailiff has wheel-clamped your vehicle
Civil Procedure Rule 83.7(1) says the debtor may apply to the court to stay the Writ of Control. Paragraph 6.3(c) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the enforcement power ceases to be exercisable, and the clamped vehicle ceases to be bound under the enforcement power. Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may not recover fees and disbursement when the enforcement process ceases.
The bailiff has towed away your vehicle.
Call TRACE on 0845 206 8602 and report the car stolen to the police. It doesn't matter if the police tell you the crime is a civil matter. You must report it to log the call onto the CAD (Computer Aided Dispatch). Tell the DVLA the car has been "taken without permission". That protects you from liability for traffic offences. Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may only take control of goods belonging to the debtor. If your car is on hire-purchase, or leased, then under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, apply for an injunction to recover the vehicle. If the vehicle is owned by another, under Paragraph 60 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 the owner can make a third-party claim to the vehicle. If the bailiff took the vehicle over seven days ago, then under Sections 3-4 of the Torts (Interference with Goods) Act 1977, the owner may apply for an order for the vehicle's return together with damages for deprivation of its use from the time the bailiff took control of it.
The bailiff sold your vehicle, but he did not give you a written valuation
Paragraph 36 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must give the debtor a valuation of the controlled goods. Regulation 35(2) of the Taking Control of Goods Regulations 2013 says the bailiff can make up his own valuation of the goods. Regulation 4 of the Taking Control of Goods Regulations 2013 prescribes the debtor's exempt goods allowance at £1350. Therefore, bailiffs will overvalue controlled goods if they are exempt so they exceed the prescribed exemption limit of £1350. Search eBay completed sold listings for the same vehicle as yours sold in the last 30 days before the bailiff removed your vehicle, and take the average. That gives the true valuation of your vehicle. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor can recover damages and apply for the return of controlled goods when the bailiff breaches any of the Schedule 12 provisions.
The bailiff charged "storage fees" for storing your vehicle
Regulation 8 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs may recover disbursements "reasonably and actually incurred". Bailiffs must meet both conditions, "reasonably" and "actually". Disbursements must have a reason, in this case, the bailiff is storing your vehicle at a compound. The second condition is "actually". The bailiff must show evidence of the flow of money in payment for storing your vehicle. If the bailiff cannot show evidence of the flow of money, then under Regulation 16 of the Taking Control of Goods (Fees) Regulations 2014, the debtor can apply to dispute the disbursements the bailiff has not paid the storage disbursement he claims to have paid for storing your vehicle. If the debtor applies to stay the enforcement under Civil Procedure Rule 83.7(3), then Regulation 17 of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff's fees and disbursements are not recoverable.
The bailiff took your vehicle from a private car park or a neighbour's allocated numbered parking bay.
Paragraph 9 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may take control of the debtor's goods on a highway. Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may take control of the debtor's goods where they live or trade "relevant premises" defined as where the debtor lives or carries on a trade or business. Your neighbour's driveway or a private car park is not a prescribed relevant premises. Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may apply to the court to take control of the debtor's goods on "specified premises". Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor may apply to the court for an order to return the goods and make a claim for damages.
The bailiff refused to show evidence of his identity.
Paragraph 26(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff must show evidence of his identity on request by the debtor or anyone in charge of the premises. Section 63 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs must have a valid enforcement certificate. This is a 6-inch by 2-inch laminated card showing his mugshot, stating his name and the court that issued his certificate. It is wet-ink signed by a judge. Bailiffs sometimes substitute their official court-issued identity cards with fake police-like warrant cards and a police-like badge. The bailiff will flash it at shoulder height then quickly snap it shut it and hide it away before anyone can see it is a fake. Section 90 of the Police Act 1996 says a person other than a constable commits an offence by having possession of any item of police equipment, including a "distinctive badge" intending to deceive that he may be a member of a police force.
The bailiff does not have a valid enforcement certificate
Section 63(2) of the Tribunals, Courts and Enforcement Act 2007 says a person may act as an enforcement agent if he acts under a valid enforcement certificate. Section 63(6) of the Tribunals, Courts and Enforcement Act 2007 says a person is guilty of an offence if he knowingly purports to act as an enforcement agent without being authorised to do so. You can report the offence online through your local police force website.
The bailiff is enforcing a debt that is over 12 months old
Paragraph 7.1 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may not take control of the debtor's goods until the bailiff has given the debtor notice. Regulation 7(c) of the Taking Control of Goods Regulations 2013 says the Notice of Enforcement must show the date of notice. Regulation 9(1) of the Taking Control of Goods Regulations 2013 says the bailiff must not take control of the debtor's goods after 12 months from the issue date shown on the Notice of Enforcement.
The bailiff clamped a vehicle before 6am or after 9pm.
Regulation 13 of the Taking Control of Goods Regulations 2013 says bailiffs may not take control of the debtors' goods before 6am and after 9pm on any day. If your RING doorbell camera records bailiffs clamping a vehicle outside these hours, he is not "lawfully acting". Call the police on 999 and they log the time of your call on the police CAD (Computer Aided Dispatch) creating irrefutable evidence the bailiff clamped the vehicle outside the prescribed hours. It doesn't matter if the bailiff writes 06:05 on the Warning of Immobilisation.
The bailiff threatened you with a locksmith
A writ of Control does not confer a power to break entry into commercial premises. Paragraphs 18 and 19 reserve power to break entry when the bailiff is recovering an unpaid court fine or a Writ of Control authorising enforcement at commercial premises where the debtor carries on a trade or business. Under Paragraph 20 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, the bailiff must apply for that authority separately. Paragraph 24(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may not use force against people. Bailiffs may enter through an unlocked door, or turn the key to open the door if the key is in the lock Ryan v Shilcock [1851] 7 Exch 72. Using a landlord's key to gain entry is unlawful, Miller v Curry [1893]. Regulation 20(a) of the Taking Control of Goods Regulations 2013 says bailiffs may enter by "usual means" to enter the premises. Bailiffs cannot climb through an open window.
The bailiff wrote on a document that you paid a sum of money voluntarily
Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff may only take control of the goods that belong to the debtor. When bailiffs knowingly take a money transfer from someone other than the debtor under the pain of removing their goods, the bailiff will write on a document "paid voluntarily". Paragraph 60 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says a third-party claimant may recover money or goods taken from them by a bailiff to pay a debt owed by another. Bailiffs try to frustrate that claim by saying the third party gave the money voluntarily. The bailiff's document is evidence the bailiff took the money transfer under false pretences, and the third party can recover the money by making a chargeback with their bank. The bank will require the bailiff to show the cardholder is named as the debtor on the Writ of Control, otherwise, the bank will return the money to the account holder. Section 2 of the Fraud Act 2006 says a person commits an offence if he dishonestly makes a false representation to make a gain for himself or another or to cause loss to another.
The judgment debt arises from a consumer credit agreement
Section 141 of the Consumer Credit Act 1974 says a claimant may only enforce a debt arising from a consumer credit agreement in a county court. Civil Procedure Rule 83.7(3) says the debtor may apply to the court to stay the enforcement.
The controlled goods agreement is not compliant with regulations
Paragraph 13(1)d) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 allows bailiffs to enter a controlled goods agreement with the debtor. Regulation 15 of the Taking Control of Goods Regulations 2013 provides the form and content for a controlled goods agreement. When a bailiff's controlled goods agreement does not comply with regulations, or the bailiff has listed goods not belonging to the debtor named on the Writ of Control, the agreement is not valid.
The bailiff is charging you interest
If the county court judgment awards interest on the debt then section 69 of the County Courts Act 1984 provides for interest to be recovered from the debtor at the statutory rate of 8% a year or a rate set by the court. Section 24(2) of the Limitation Act 1980 sets a limit of six years simple interest from the judgment date.
A bailiff left a document hanging out of your letter-box or communal doorway
Criminals staking out empty properties to break into leave a document hanging out of the letterbox and see whether someone takes in the document. Bailiffs leave a red notice hanging out of a letterbox or in a communal area of a block of flats to see if anyone has taken the notice. The bailiff writes a mobile number on the notice to see if anyone telephones the bailiff on his mobile and admits they are the debtor named on the Writ of Control. Bailiffs use this to trace missing debtors, and in those cases, the Writ of Control is a defective instrument because it will have a different enforcement address shown on it. Bailiffs also use this to attract the Enforcement Stage fees. Regulation 6 of the Taking Control of Goods (Fees) Regulations 2014 says bailiffs may charge the Enforcement Stage fees when he makes the first attendance at the address the debtor lives or carries on a trade or business.
The enforcement agent said he is a "high court enforcement officer"
Section 63 of the Tribunals, Courts and Enforcement Act 2007 prescribed a bailiff to be an individual acting as an "enforcement agent" under a valid enforcement certificate. Regulation 6 of the High Court Enforcement Officers Regulations 2004 says a "High Court Enforcement Officer" is an individual authorised to act as an "officer". Bailiffs like to call themselves an "officer" because it is police-like. Bailiffs are enforcement "agents" and not allowed to officiate or put themselves out to be an officer.
The bailiff damaged your business reputation
Section 1(1) of the Defamation Act 2013 says a statement is not defamatory unless its publication has caused "serious harm" to the reputation of the claimant. Section 1(2) says harm to a business or company is not serious harm unless it causes serious financial loss.
Bailiffs are sending you nuisance text messages causing you alarm or distress.
Section 127(1)(a) of the Communications Act 2003 says a person is guilty of an offence if he sends an electronic message of a menacing character. Section 1(1)(a)(ii) of the Malicious Communications Act 1988 says a person is guilty of an offence if he sends to another person an electronic message that contains a threat. You can report the offence online to the police. It doesn't matter if the message came from a private number.
You told the bailiff to leave your property
If the bailiff does not have a Writ of Control showing your correct address, or the bailiff refuses to show you the Writ of Control, you can tell the bailiff to quietly leave the property. The bailiff must leave with all due reasonable speed, Morris v Beardmore [1980] 71 Cr App 256. Paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says the bailiff must show the Writ of Control at the debtor's request. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor may bring proceedings for the breach.
You displayed a notice telling the bailiff to leave the property
Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may enter premises where the debtor lives or carries on a trade or business. A bailiff, lawfully acting, can ignore a notice telling him to leave. Paragraph 66(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the bailiff acting in breach of the Schedule 12 provisions or under a defective instrument is not a trespasser. Section 63 of the Tribunals, Courts and Enforcement Act 2007 says a person may act as an enforcement agent under a valid certificate. If the bailiff does not have a valid certificate, the debtor can sue the bailiff without a valid certificate, for trespass.
The bailiff jammed his boot into your door to stop you from closing it
Paragraph 24(2) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs may not use force against people. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor can sue for the breach. If the bailiff takes a money transfer or removes goods after putting his boot into the door, then the enforcement is illegal. Rai & Rai v Birmingham City Council [1993]. Section 20 of the Offences Against the Person Act 1861 says a person inflicting grievous bodily harm is guilty of a misdemeanour. Police might say the crime is a civil matter, but the expression, "civil matter" is a police buzzword for a crime they don't want to investigate.
The bailiff was wearing a body worn video camera
Rule 6 of the Practice Direction - Pre-action conduct and protocols say, before issuing proceedings, the parties should exchange correspondence to understand each other's position. The bailiff's body worn camera recordings will settle whether the bailiff acted in breach of the Schedule 12 provisions or their underlying regulations. The bailiff's correspondence refusing to give copies of his body camera recordings may be construed to the bailiff knowing the recordings would otherwise show he acted in breach. Bailiff companies believe that requesting a bailiff's body camera recordings should be under section 45 of the Data Protection Act 2018, a "DSAR". That is not true. Bailiff companies use Section 45 to frustrate debtors from building a case. Debtors may apply to the court for an order to make the bailiff give copies of the body worn camera recordings. The applicant can then sue for the bailiff's failure to comply with the order.
The bailiff ambushed you with a TV film crew
Section 47 of the Data Protection Act 2018 says you can tell the production company and the broadcaster to stop using recordings of you. When you have given notice, under Section 47(1)(b) the data controller must erase the recordings. If the data controller fails, you can apply to the court for damages in the "sum decided by the court". For example, Channel 5, so far has paid damages to three claimants £210,000 plus legal and court costs for broadcasting images of them without their permission in the TV entertainment show Can't Pay We'll Take It Away.
The bailiff looked like the police
Section 90 of the Police Act 1996 says, anyone not a constable, wearing an article of police-like uniform, or in possession of police-like equipment, including police-like markings, warrant card, or a badge, commits an offence and is liable on summary conviction to a fine not exceeding level 3 on the standard scale. If your RING doorbell camera or CCTV records a bailiff pretending to be the police you can give the recordings to the police online via their website.
The bailiff said he called the police
Call the police on the non-emergency 101 number giving the date and time the bailiff called the police. Ask what the bailiff told the police. The CAD (Computer Aided Dispatch) will have logged the information and the time the bailiff called. Paragraph 2 of Schedule 2 of the Data Protection Act 2018 says this information is exempt from concealment behind the Data Protection Act. Bailiffs sometimes say they are calling the police to scare you.
The bailiff committed a crime against you in the presence of police
Section 26(7) of the Criminal Justice and Courts Act 2015 says a police officer commits an offence if he fails to arrest the suspect to achieve a benefit for himself or another. Under Section 1 of the Magistrates' Courts Act 1980, you can instruct a solicitor to lay the information before a justice of the peace for the question of reporting the police officer for the offence. The magistrate can issue a warrant to bring the officer to court to answer the information and enter a plea. You must persuade your solicitor that prosecuting the police officer is in the public interest and you have sufficient evidence to secure a conviction.
The police arrested you or threatened to arrest you
Section 26(1) of the Criminal Justice and Courts Act 2015 says a police officer commits an offence if he knowingly makes an improper arrest. Paragraph 68 of Schedule 12 of the Tribunals, Courts Act 2007 says a person commits an offence of obstructing a bailiff "lawfully acting" or interferes with controlled goods. You are not guilty of these offences when the bailiff acted in breach of the Schedule 12 provisions and underlying regulations. Instead, police make arrests for assaulting a bailiff. If the prosecution fails, the debtor can sue for false arrest and unlawful imprisonment.
The bailiff assaulted or injured you or a member of your staff
Call police on 999 which records the time of the assault on the Police CAD (Computer Aided Dispatch) and the 999 call-handler will record the call. Get medical attention because your medical reports will be crucial in bringing a personal injury claim.
The bailiff damaged your property or vehicle
Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says bailiffs must take reasonable care of controlled goods after removing them. Regulation 34 of the Taking Control of Goods Regulations 2013 says bailiff must keep controlled goods in the condition immediately before he finds them and takes control of them. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor can recover damages for the breach. Section 3 of the Torts (Interference with Goods) Act 1977 provides for the owner of the goods to recover damages for unlawful interference. The legislation is silent on defining "unlawful interference", so you can use Paragraph 35 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 for that definition. Before bailiffs remove your vehicle, make a record of its condition by making a video. Under Rule 6 of the Practice Direction - Pre-action conduct and protocols, ask for a copy of the bailiff's body worn camera recordings. That will give the vehicle's condition immediately before he removed it.
Is the High Court Enforcement Officer (HCEO) personally liable for botched enforcement by his bailiffs?
Regulation 4 of the High Court Enforcement Officers Regulations 2004 says an enforcement officer is an "individual". Regulation 7 of the High Court Enforcement Officers Regulations 2004 says the enforcement officer must undertake enforcement action for all writs of execution received. Paragraph 66(6)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 says the debtor can sue the person on whom the enforcement power is conferred.
You want to make a formal complaint about the bailiff
The Certification of Enforcement Agents Regulations 2014 says anyone can make a complaint about a bailiff's fitness to hold a certificate. Civil Procedure Rule 84.20 says you make the complaint to the county court that issued the bailiff's enforcement certificate and must show reasonable grounds that the bailiff is not a fit person to hold a certificate. The court will allow you to cross-examine the bailiff on the stand in front of the judge, so prepare your grounds and supporting evidence to be included in your handouts and have your question lists readied beforehand.
You want to prosecute the bailiff
Section 1 of the Magistrates' Courts Act 1980 says you can lay the information (evidence) before a justice of the peace at a magistrate's court. The magistrate can issue a warrant to a constable to bring the suspect before the court to answer the information and enter a plea. You must have a solicitor present the information because the Director of Public Prosecutions decides if the prosecution has enough evidence to secure a conviction and is in the public interest before laying your information before a magistrate.
You would like to speak to the media about your experience
When proceedings have concluded, you can approach a journalist to publish your bailiff story. Your story must be sensational and have a catchy headline. Members of the public like reading articles about corrupt bailiffs and police officers. Gather your evidence, write a factual chronology and let the journalist puff up your bailiff story into a news article.
If all else fails, apply to stay the writ and vary the judgment.
Even if the bailiff has taken money or goods from you, you can still apply to stay the writ and vary the judgment. That stops the enforcement fees and all the money the bailiff takes from being paid to the creditor. The bailiff must return the enforcement fees to you. Civil Procedure Rule 83.7(3) says the debtor may apply to the High Court to stay the enforcement. Civil Procedure Rule 23:10 says you can apply to the court to vary the original judgment to be paid off at a rate you can afford. Regulation 17(1) of the Taking Control of Goods (Fees) Regulations 2014 says the bailiff may not recover fees and charges from the debtor when the enforcement power ceases.
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