Bailiff Does Not Have A Valid Enforcement Certificate
Section 63(6) of the Tribunals Courts and Enforcement Act 2007 states a person commits an offence if they act as a bailiff (enforcement agent) without a valid certificate and can be fined up to level 5 on the standard scale if convicted.
Specific individuals, such as Police Constables and employees of HMRC, government departments, or local councils, do not need a valid certificate.
For certification verification, you can check the Ministry of Justice Public Register of Certificated Enforcement Agents and enter the relevant details of the enforcement agent.
The Certification of Enforcement Agents Regulations 2014 pecribes the requirements an individual must meet to be given an enfrodcement certificate
If you find yourself subjected to enforcement action by someone without a valid certificate, you can ask the court to return goods and money taken by that person, and the court can also order the return of all fees and charges.
By its nature, a limited company cannot act as an enforcement agent because section 63 of the Tribunals, Courts and Enforcement Act 2007 states an enforcement agent must be an individual. Therefore, a limited company trading in enforcement business cannot demand money or recover fees under a Warrant, Liability Order, or writ of control.
The Taking Control of Goods (Fees) Regulations 2014 specify the fees and charges that enforcement agents can recover from debtors. According to Regulation 3, an enforcement agent with a valid certificate can only recover these prescribed fees from the debtor.
A limited company trading in an enforcement business cannot recover fees or charges prescribed in these regulations or take payments from a debtor into its bank account to execute enforcement powers because that authority is expressly reserved an enforcement agents with a valid certificate.
The Approval of Enforcement Agencies Regulations 2000 permits companies and people to become enforcement agencies. It outlines the conditions for them to work as an agency between government departments and certified enforcement agents. These regulations don't give authority for them to remove goods or take money from debtors in the execution of an enforcement power.
If you believe a limited company, especially one that hides its name behind an alias or uses proxy addresses, has conducted illegal enforcement action without a valid certificate. In that case, you may apply to recover all money taken and for your goods to be returned by filing a claim with evidence of the company's actions and requesting the court to return your property.
You can also report the individual or limited company to the police