Bailiff refused to show his ID or the enforcement power

The bailiff is in breach of Paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, and is therefore, not acting lawfully.


The law states a bailiff must show on demand by the debtor or any person in charge of the property being attended, evidence of the enforcement power and evidence of the bailiffs identity.

The debtor or any person affected by the enforcement action has a right to bring a claim for damages following the breach.

The breach may revoke any enforcement action taken that followed and the debtor may apply for an injunction to recover any goods or vehicles taken.


The Law:

Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—

(a)his identity, and

(b)his authority to enter the premises.

(2)The request may be made before the enforcement agent enters the premises or while he is there.


As a failure to show evidence of the enforcement power (the writ, warrant or liability order) is a breach of Paragraph 26 of the Schedule 12 provisions, the debtor has remedy under Paragraph 66 of Schedule 12


The Law:

Paragraph 66 of Schedule 12 of the 2007 Act states:

Remedies available to the debtor

66(1)This paragraph applies where an enforcement agent—

(a)breaches a provision of this Schedule, or

(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)But the debtor may bring proceedings under this paragraph.

(4)Subject to rules of court, the proceedings may be brought—

(a)in the High Court, in relation to an enforcement power under a writ of the High Court;

(b)in the county court, in relation to an enforcement power under a warrant issued by the county court;

(c)in any other case, in the High Court or the county court.

(5)In the proceedings the court may—

(a)order goods to be returned to the debtor;

(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6)A related party is either of the following (if different from the enforcement agent)—

(a)the person on whom the enforcement power is conferred,

(b)the creditor.

(7)Sub-paragraph (5) is without prejudice to any other powers of the court.

(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a)that he was not breaching a provision of this Schedule, or

(b)(as the case may be) that the instrument was not defective

(9)This paragraph is subject to paragraph 59 in the case of a breach of paragraph 58(3).

Template email and text message. Give notice to the bailiff company and the bailiff that he failed to show evidence of the enforcement power or his ID before taking the goods, and give an opportunity to return them.

Take a screenshot of the sent email and text message to the bailiff recording the time they were sent, and exhibit them as evidence.

If the bailiff fails to return the goods, you have the following avenues or remedy

Deploy a Pay & Reclaim

Apply for an Injunction

Make a claim for damages

If the bailiff was collecting council tax:

Regulation 45 of the Council Tax (Administration and Enforcement) Regulations 1992 states:

Distress

(1) Where a liability order has been made, the authority which applied for the order may levy the appropriate amount by distress and sale of the goods of the debtor against whom the order was made.

(2) The appropriate amount for the purposes of paragraph (1) is the aggregate of—

(a)an amount equal to any outstanding sum which is or forms part of the amount in respect of which the liability order was made, and

(b)a sum determined in accordance with Schedule 5 in respect of charges connected with the distress.

(3) If, before any goods are seized, the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount and the levy shall not be proceeded with.

(4) Where an authority has seized goods of the debtor in pursuance of the distress, but before sale of those goods the appropriate amount (including charges arising up to the time of the payment or tender) is paid or tendered to the authority, the authority shall accept the amount, the sale shall not be proceeded with and the goods shall be made available for collection by the debtor.

(5) The person levying distress on behalf of an authority shall carry with him the written authorisation of the authority, which he shall show to the debtor if so requested; and he shall hand to the debtor or leave at the premises where the distress is levied a copy of this regulation and Schedule 5 and a memorandum setting out the appropriate amount, and shall hand to the debtor a copy of any close or walking possession agreement entered into.

(6) A distress may be made anywhere in England and Wales.

(7) A distress shall not be deemed unlawful on account of any defect or want of form in the liability order, and no person making a distress shall be deemed a trespasser on that account; and no person making a distress shall be deemed a trespasser from the beginning on account of any subsequent irregularity in making the distress, but a person sustaining special damage by reason of the subsequent irregularity may recover full satisfaction for the special damage (and no more) by proceedings in trespass or otherwise.

(8) The provisions of this regulation shall not affect the operation of any enactment which protects goods of any class from distress.

(9) Nothing in the Distress (Costs) Act 1817(1), as extended by the Distress (Costs) Act 1827(2), (which makes provision as to the costs and expenses of the levying of certain distresses) shall apply to a distress under this regulation.