You did not get a FINAL NOTICE or REMINDER

According to legal requirements, the council is obligated to send a "Final Notice" or a "Reminder" to your most recent address before seeking a liability order from a Magistrate. If bailiffs arrive at your current address, you can file a complaint with your local councillor or the Local Government Ombudsman (LGO) for breaches of enforcement regulations. You have the right to request the council to halt enforcement activities until they adhere to legal procedures

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You did not get a NOTICE OF ENFORCEMENT (NOE)

Regulations stipulate that individuals must receive a minimum of seven days' notice before bailiffs arrive. If you've moved and bailiffs have traced you using an outdated address on the liability order, always request to review the document. Some bailiffs may omit providing notice to increase their fee to £310, as opposed to the standard £75. The law mandates that bailiffs document the time when notice is served, and obtaining proof of posting, at no cost, is advisable for such crucial documentation. Failure by bailiffs to record the notice time results in enforcement failure, enabling the debtor to reclaim all bailiff fees and charges.

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The bailiff attended LESS THAN 11 DAYS from the date printed on the Notice of Enforcement.

The bailiff is required to wait until the statutory time limit has expired before making an appearance. According to the law, the Notice is sent via second class post, indicating delivery on the second weekday following posting. If the bailiff attends prematurely, enforcement is invalidated, allowing you to pursue legal action for damages, including the recovery of controlled goods or reimbursement for their replacement value.

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You are a VULNERABLE person

Guidelines outline categories of vulnerable individuals in civil enforcement matters, with corresponding legal protections. If a vulnerable person is alone, the law dictates that bailiffs cannot remove goods. Otherwise, the law mandates bailiffs to provide the vulnerable person with an opportunity to "seek advice." Additionally, bailiffs are prohibited by law from recovering fees from vulnerable individuals. Creditors must be prepared to resume control of the case as per guidelines. The law does not mandate bailiff companies to establish a "welfare department"; such departments are a creation of bailiff companies to delay enforcement and lack medical expertise or access to benefit records to determine vulnerability.

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You paid or tendered the council tax arrears to the council who REFUSED TO ACCEPT it.

Enforcement becomes invalid as per Section 17(1) of Schedule 4 of the Local Government Finance Act 1992, which mandates the council to acknowledge the outstanding amount and halt enforcement measures. If a bailiff attempts to enforce payment of fees, one can request a detailed assessment hearing, resulting in the bailiff company being liable for indemnity costs.

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The bailiff REMOVED an EXEMPT VEHICLE or EXEMPT GOODS

The law identifies certain categories of goods that are exempt from enforcement. If a bailiff takes such goods, you can submit a claim to exewmpt goods and recover them. Even if the bailiff has already sold the vehicle, the court has the authority to reverse the sale. Moreover, you have the right to recover the replacement cost of the goods and seek damages for any unlawful deprivation by initiating a claim under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

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You want the council to WRITE OFF your council tax arrears

If you can demonstrate that there is no foreseeable possibility of paying your council tax debts, there exists a lesser-known legal provision that empowers councils to cancel them. The decision to proceed with this cancellation rests with the council. If you manage to persuade your local councillor to advocate for the council to cancel your debts, enforcement actions by bailiffs and their associated fees are halted. To qualify for this cancellation, your circumstances must be particularly dire, or the financial strain must significantly impact your health. Your doctor can complete a MALG evidence form to support your petition for the cancellation of your council tax debts. You can also petition for cancellation if you missed an opportunity to apply for council tax benefits.

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You claim an OUT OF WORK BENEFIT. (e.g. Jobseekers Allowance)

You belong to a group of individuals considered vulnerable under civil enforcement. The council has the option to request the Secretary of State to deduct amounts from your benefits. This action results in the cancellation of bailiffs' fees since, in the majority of cases, these fees cannot be collected from vulnerable individuals.

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You need MORE TIME to pay the council tax arrears

The government provided councils with guidelines instructing them to safeguard debtors from overly burdensome repayment plans enforced by bailiffs. Guidelines released by the Ministry of Justice specify that bailiffs are prohibited from pressuring debtors into agreeing to payments beyond their means. You have the option to request assistance from your local councillor or the Local Government Ombudsman to prompt the council to reassume responsibility for managing the arrears.

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The council is enforcing a council tax that is DISPUTED

The legal responsibility for council tax falls on the occupant of the accommodation unless they have applied for an eligible rebate. If the accommodation is vacant, the liability shifts to the property's owner. The law outlines additional exemptions for specific circumstances.

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The bailiff’s fees look TOO HIGH

The law establishes fees of £75 upon receiving a Notice of Enforcement, £235 when the bailiff attends, and £110 when the bailiff commences the removal of controlled goods for sale. These fees are applicable only if bailiffs have adhered to all enforcement regulations; otherwise, you can seek recovery through a claim. It is essential to reference Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 when making your claim, as judges may overlook it otherwise. By applying for a Detailed Assessment hearing, the bailiff company typically covers indemnity costs.

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The bailiff charged you £235 "Enforcement Stage fee" MORE THAN ONCE

Bailiffs are permitted to charge the £75 Compliance Stage fee for each enforcement action carried out against the same debtor simultaneously. However, the £235 Enforcement Stage fee can only be levied once, irrespective of the number of enforcement actions executed against the same debtor concurrently. If a bailiff has imposed multiple £235 fees, such as during a single vehicle seizure or immobilisation, you can reclaim the excess amount along with your claim-related expenses. By requesting a Detailed Assessment hearing, the bailiff company typically covers indemnity costs.

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You were charged a £110 "Sale Stage Fee"

According to the law, the £110 sale stage fee is applicable only once the bailiff has initiated the process of removing goods for sale. If the bailiff relocates the goods, such as a vehicle, to a storage compound, the sale stage fee is not charged unless the sale occurs at that location. Additionally, the fee is not applicable if the bailiff merely states that a truck has been summoned. The sale stage fee is only triggered after the bailiff has lawfully taken control of your goods using one of the methods outlined in paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and has commenced the process of transporting them to the sale venue. By applying for a Detailed Assessment hearing, the bailiff company typically covers indemnity costs.

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The bailiff said he has a "warrant"

Bailiffs recover council tax arrears through authority granted by a "liability order," not a "warrant." If a bailiff claims to possess a warrant, they engage in fraudulent misrepresentation under section 2 of the Fraud Act 2006. The term "warrant" is intentionally reminiscent of police authority, aiming to deceive debtors into believing the bailiff possesses more extensive powers than they actually do.

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The debt is more than TWELVE MONTHS old

Prior to commencing enforcement proceedings, all debtors are legally required to receive a Notice of Enforcement. This notice remains valid for a period of 12 months from the date printed on it, after which enforcement actions cannot proceed. If the enforcement power remains in effect, the bailiff must issue a new Notice of Enforcement.

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The council tax liability is over SIX YEARS old

According to the law, statutory liabilities cannot be enforced if they remain unpaid for six years without the debtor acknowledging the debt.

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Bailiffs are pestering you about council tax you have ALREADY PAID

Bailiffs are not permitted to take control of your goods if you have already settled the council tax debt with the council. The law allows bailiffs to remove goods to recover the outstanding amount and the expenses associated with taking and selling your goods. However, it does not authorise the recovery of fees if you have already paid the outstanding amount before the bailiff removes your goods. In such cases, enforcement is deemed ineffective, and you have the option to pursue legal action for damages, reclaim the seized goods, or seek reimbursement for their replacement cost.

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You were FORCED TO PAY someone else’s Council Tax

It is illegal for a bailiff to compel you to pay off someone else's debt, regardless of whether the debtor is a family member. This constitutes an offence under sections 2 and 4 of the Fraud Act 2006. You have the option to report this offence to the police and pursue legal action in the small claims court to recover the funds along with your associated costs. Alternatively, you can initiate legal proceedings against the bailiff company to recover the money or seek a chargeback through your bank.

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Money paid to bailiffs has GONE MISSING

You have been making regular payments towards your council tax arrears to the bailiff, but an audit revealed discrepancies between the amounts paid and the remaining balance claimed by the bailiff. The mishandling or misappropriation of your funds by the bailiff can serve as grounds to convince the council or your local councillor to resume administration of your council tax arrears and reimburse the missing funds.

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The bailiff took PHOTOGRAPHS of documents and valuables around the house.

If a bailiff has not entered into a Controlled Goods Agreement for the items depicted in the photographs, there is no legitimate reason for them to possess images of your documents and valuables. Such photographs could potentially be exploited to access your bank details or facilitate a burglary by revealing the contents and locations of your valuables. It is imperative to report this to the police, inform your bank, and notify the data controller of the bailiff company, demanding confirmation of the destruction of the photographs.

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You are living in SHARED ACCOMMODATION, a House of Multiple Occupancy (HMO)

The law stipulates that landlords must hold a "property license" and are responsible for paying the council tax. Residents in a House of Multiple Occupancy (HMO) are not individually liable for council tax.

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You were charged a CARD FEE.

The regulations governing fees stipulate that bailiffs can only collect the specified fees outlined in the Schedule of the Taking Control of Goods (Fees) Regulations 2014, in addition to disbursements for seizing and selling the debtor's goods. Card processing fees are not covered by these provisions. If a bailiff attempts to charge a card fee, you are not obligated to pay it. You have the option to reclaim the fee through a chargeback with your bank or credit card company promptly after the transaction occurs. Alternatively, you can request a Detailed Assessment hearing.

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You RECENTLY MOVED and bailiffs traced you to your new address

Bailiffs employ various strategies to locate missing debtors, such as sending text messages to mobile phones and delivering notices to addresses they believe the debtor may reside at, observing responses. There is no obligation for individuals to provide their address to bailiffs. Guidelines from the Ministry of Justice explicitly forbid bailiffs from tracing missing debtors.

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The bailiff does not have an ENFORCEMENT CERTIFICATE

The individual is engaging in a criminal offence. According to the law, anyone who is not employed by the government and is tasked with seizing goods must possess an enforcement certificate. You have the option to report this individual to the police for breaching section 63(6) of the Tribunals Courts and Enforcement Act 2007. If the police deem it a civil matter engaging a specialised law firm that pursues legal action against uncooperative police officers can address this issue. In the meantime, all enforcement actions conducted by individuals lacking an enforcement certificate are invalid.

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The bailiff REFUSED to show his ID

As per legal requirements, a bailiff must furnish evidence of their identity to the debtor or any person evidently overseeing the visited premises. Failure to provide identification renders their actions unlawful. Thus, the bailiff may be lawfully expelled from the premises or property, without the debtor or the responsible individual committing an offence of 'obstructing an enforcement agent'.

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Your vehicle has been WHEEL CLAMPED (immobilised)

If your vehicle gets clamped while parked on a public road or your property, it will be towed away within two hours, requiring swift action. You might need to follow a "Pay and Reclaim" procedure. It's crucial to document the vehicle's condition with video footage, which should be repeated upon its return. You retain the right to take legal action for any damages sustained while the bailiff had control of the vehicle. If the vehicle gets clamped on private property where you don't reside, like a car park or a neighbour's parking spot, you can pursue damages and seek the vehicle's retrieval through legal channels.

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Your vehicle has been TOWED AWAY

Contact TRACE on 0845 206 8602 to notify the police of the car's theft. It's crucial to make this report regardless of whether the police view it as a civil matter, as it must be logged onto the CAD (Computer Aided Dispatch) system. Additionally, inform the DVLA that the car has been "taken without permission" to safeguard yourself from potential liability for traffic offences. If your car is under hire purchase, lease, or has a logbook loan secured on it, you can pursue an emergency injunction to recover the vehicle. Typically, the bailiff company covers indemnity costs, and you can also seek damages for the loss of vehicle use.

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Your vehicle has been sold, but you were NOT GIVEN A VALUATION

Enforcement becomes void. As per legal requirements, the debtor must be apprised of a valuation before the goods are sold, granting you the opportunity to seek legal recourse for the goods' replacement cost. Valuations can be either independent or arbitrarily determined by the bailiff. The most reliable valuation is one provided by the dealer principal at a franchised dealership associated with the vehicle's manufacturer. Alternatively, you can swiftly obtain valuations by reviewing completed sales listings on eBay for the same model and condition of the vehicle.

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The Bailiff clamped MORE THAN ONE vehicle or goods valued much greater than the debt

This might amount to "excessive levy." If both vehicles are seized and the value of the lower-priced vehicle is sufficient to clear the debt, you have the right to pursue compensation for excessive levy. If the vehicles remain clamped without being taken away, you can claim damages for the illegal deprivation of use of the higher-valued vehicle.

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The bailiff is forcing SOMEONE ELSE'S debt

As stipulated by the law, bailiffs are solely authorised to take control of goods owned by the debtor. If you were coerced by a bailiff, under the threat of enforcement action, to settle a debt owed by another individual, you retain the right to pursue reimbursement in the small claims court from the bailiff company, along with any related expenses.

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The Bailiff clamped SOMEONE ELSE'S vehicle

As per legal regulations, bailiffs are exclusively empowered to take control of goods owned by the debtor. If you are the rightful owner of the vehicle, you have the option to initiate a THIRD PARTY CLAIM, along with a claim for damages under section 3 of the Torts (Interference with Goods) Act 1977. You retain the right to commence legal proceedings in this matter.

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Bailiff towed away your vehicle but FAILED to give or leave an INVENTORY.

The legislation allows bailiffs to remove goods, including vehicles, from the debtor's property, premises, or any public road in England and Wales. Nonetheless, the bailiff is obligated to furnish the owner with a WRITTEN INVENTORY, which must comply with precise requirements specified in the law regarding its contents and delivery method, whether provided directly or left at the property or premises. In case of a breach, where the bailiff takes control of a vehicle upon identification via an ANPR camera, the debtor maintains the right to apply to the court for an injunction compelling the bailiff to return the goods.

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Your car is removed to a compound a LONG WAY AWAY

As per legal requirements, bailiffs must relocate goods to a reasonable distance from the debtor. You have the choice to request the bailiff to return the car to a location nearer to you, or you can request them to cover the expenses of a vehicle transport service for transportation on their behalf. In more serious situations, you can pursue a court order compelling the bailiff to transport the car to a reasonable distance from you, citing a breach of regulation 19 of the Taking Control of Goods Regulations 2013. Alternatively, you can employ the 'Pay and Reclaim' approach.

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You were FOBBED OFF with "contact the bailiffs"

Assess your liability for council tax and opt for the 'Pay and Reclaim' method. Make a direct payment of the council tax to the council. Identify any non-compliance issues with the enforcement process. If your vehicle is parked outside, it might be at risk. Otherwise, unless the bailiffs gain entry to your property, enforcement action cannot proceed. Suggest to the council that they reach out to you again if the bailiffs' debt collection attempts prove futile. At this stage, the bailiffs' fees are no longer applicable.

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The bailiff ATTENDED before 6AM or after 9PM

If you witness bailiff activity at your property before 6 am, it's crucial to immediately contact the police at 999. The time of your call is logged in the CAD (Computer Aided Dispatch) system, providing undeniable evidence when pursuing a claim for non-compliant enforcement. It's not uncommon for bailiffs to operate during the night or in dim lighting conditions, using ANPR vans to clamp cars before 6 am and then falsely recording their attendance as 06:05 am. If you or a CCTV system captures enforcement activity before 6 am, this constitutes a failure in enforcement, and you have grounds to seek damages.

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The bailiff threatened you with a LOCKSMITH

There exists no specific legislation granting bailiffs the authority to engage a "locksmith" or forcibly enter residences. The term "locksmith" used by bailiffs pertains to the right of "entry by reasonable force." There is no legal provision permitting bailiffs to enter domestic homes ("dwellinghouse") via reasonable force for the collection of unpaid council tax. This principle similarly applies to the retrieval of outstanding magistrates’ court fines, and even then, it is not deemed commercially viable. Bailiffs may enter through an unlocked door but are not authorised to access properties through open windows. If a key is present in the lock, bailiffs are permitted to unlock the door using the key. However, they are not allowed to utilise a key discovered under the doormat to unlock a door.

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The debt is paid, the bailiff is pestering about his FEES

Once you've cleared the council tax debt directly with the council, bailiffs are not permitted to remove your goods. As per the law, bailiffs are authorised to remove goods solely to recover the "amount outstanding" and the expenses related to taking and selling your goods. They lack the authority to reclaim "fees" once you've settled the outstanding amount. In such instances, enforcement becomes void, and you retain the right to initiate legal action for damages, the return of removed goods, or reimbursement for their replacement cost. You can also request a DETAILED ASSESSMENT hearing and apply to the court to review the bailiffs' fees.

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The bailiff REFUSED TO EXPLAIN HIS FEES and CHARGES

Bailiffs frequently levy a charge for elucidating their fees and expenses. According to the law, all fees and disbursements must be specified on the Notice of Enforcement. If they are not, you can reclaim any fees that have been paid. You can request a DETAILED ASSESSMENT hearing, during which the court will scrutinise the bailiffs' fees, and the bailiff company will cover indemnity costs.

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The bailiff charged "STORAGE FEES" for keeping your vehicle

The legislation permits bailiffs to collect regulated prescribed fees. Although storage fees are not explicitly prescribed, they are governed by regulations. The law stipulates that these fees must be "reasonably and actually incurred" to be imposed on debtors. You can reclaim these fees after retrieving your car or request a DETAILED ASSESSMENT hearing to assess whether the storage fees accurately reflect the cost of professional vehicle storage services.

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The bailiff wrote on a document you paid "VOLUNTARILY"

The bailiff is impeding your attempts to recover the money by claiming that you settled the debt through mutual agreement. This situation arises when you pay off another person's debt under the pain of removing goods belong to another. When commencing a claim, you must affirm in an affidavit that the bailiff made the statement on the receipt AFTER you made the payment, and that no agreement was reached. You made the payment following a threat of having your goods removed.

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The bailiff said he is a "High Court Enforcement Officer"

An enforcement agent, often referred to as a "bailiff," is identified as an "individual" according to section 63 of the Tribunals Courts and Enforcement Act 2007. A High Court Enforcement Officer holds prescribed status under regulation 6 of the High Court Enforcement Officers Regulations 2004. If a bailiff falsely asserts to be a High Court Enforcement Officer when they are not, it constitutes an offence under section 2 of the Fraud Act 2006, specifically classified as "fraud by false representation." Enforcement agents lack the authority to officiate and are not authorised to designate themselves as "officers." They are labelled as "agents" with the authority to take control of goods.

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The bailiff damaged your BUSINESS REPUTATION

If a bailiff discloses your debt to others, you have the right to seek legal recourse for damages. To substantiate your claim, you need to quantify the financial losses suffered and have individuals contacted by the bailiff testify in court, providing sworn statements as evidence. Otherwise, establishing a claim for damage to your reputation and accurately assessing your claim becomes difficult.

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You were charged MORE THAN £3 for the Liability Order

The council pays a £3 court fee fee to apply for a liability order in the magistrates’ court. A 2015 High Court decision mandated that the council must address debtor inquiries regarding the calculation of the £125 amount. It is customary for councils to levy fees exceeding £100 for each liability order when applying for multiple orders simultaneously, frequently totaling in the hundreds. If the council cannot or chooses not to furnish details regarding the expenses or evidence of the flow of money paid the council paid relating to obtaining your particular liability order, you are entitled to seek reimbursement through the small claims court.

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The CONTROLLED GOODS AGREEMENT is not compliant with regulations

The controlled goods agreement functions as a regulated contract between a bailiff and a debtor. If the agreement fails to comply with the regulations stipulating its necessary contents, it becomes void. Typical causes for the failure of a controlled goods agreement include the bailiff's inaccurate identification of the listed goods or failure to provide estimated quantities for those under control. Moreover, if the goods listed do not belong to the debtor, the agreement is deemed invalid.

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You are getting NUISANCE TEXT MESSAGES from a bailiff company

Bailiff companies utilise text messages to reach out to mobile numbers they believe are linked to the debtor, using this as a tracing technique to prompt a response and verify identity or their current address. It is recommended to avoid replying to unsolicited or unwanted text messages. Even if the sender's identity is obscured, you have the choice to lodge a complaint with the Information Commissioner's Office under section 1 of the Protection from Harassment Act 1997 by filling out an online form.

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A bailiff left a DOCUMENT HANGING OUT OF YOUR LETTER-BOX or communal doorway

The aim is to ascertain whether a property is unoccupied, a strategy frequently used by burglars and criminals. Alternatively, the document may be intentionally left behind to be found upon the occupant's return, potentially prompting an immediate reaction, serving as a tactic to locate debtors who are difficult to find. Additionally, it may serve as a method to provoke a response that results in incurring a £235 enforcement stage fee.

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The bailiff jammed his BOOT into the DOOR to stop you closing it.

Enforcement is unsuccessful. As per legal provisions, bailiffs are authorised to access a property through "ordinary means"; however, forcefully wedging a boot into a door is deemed as exerting force against an individual. The legislation stipulates that the authorisation to use force does not extend to applying force against individuals.

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The bailiff filmed you with a BODYCAM (body-worn camera)

If you're initiating a legal action against a bailiff equipped with a body camera, and if the recorded footage supports your claim, you have the right to demand a copy of it. If the bailiff refuses your request or invokes the "Data Protection Act," you may proceed with your claim nonetheless. If the bailiff incorporates the footage into their defence, you retain the option to petition the court to reject their defence statement. Essentially, the bailiff's actions may backfire against them.

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The bailiff turned up with a TV FILM CREW

You possess the power to halt the dissemination of the footage by revoking your consent for the use of your personal information and promptly deleting it, as stipulated in Section 47 of the Data Protection Act 2018 or Article 17 of the GDPR. By sending a formal notice to the data controller of the film company or television station, you can officially withdraw your consent for the processing of your data. Should the data controller neglect to provide written confirmation of discontinuing data processing, you have the recourse to lodge an online complaint with the Information Commissioner. Additionally, you retain the right to pursue legal action against the television production and broadcaster, seeking both tangible and intangible damages under Section 168 of the Data Protection Act 2018 or Article 82 of the GDPR, along with any owed royalties.

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BLACKMAILED. Deploy "Pay & Reclaim"

If the bailiff is insisting on payment for a debt you are not liable for, they are breaching section 21 of the Theft Act 1968. Despite this, the police might categorise the issue as civil. In such instances, you may find it necessary to employ the 'Pay & Reclaim' approach, which entails initially complying with the demand and subsequently seeking reimbursement through legal means. If your vehicle is removed, you regain possession of it. This undermines the bailiff's case, as they are responsible for the expenses of defending your claim, regardless of its outcome. Essentially, it becomes financially unfavourable for the bailiff company to pursue the matter further once the Pay & Reclaim process has been initiated.

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The bailiff looked like POLICE

If a bailiff wears attire featuring symbols resembling those of the police or possesses objects like a badge, intending to deceive or impersonate a police officer, they commit an offence under Section 90 of the Police Act 1998. If you record such behaviour on video, you can choose to report it to the police.

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The bailiff CALLED THE POLICE

If a bailiff asserts to have contacted the police, you can ask for the call particulars from the police CAD (Computer Aided Dispatch) system by dialling 101. This not only confirms whether the bailiff initiated the call but also reveals what was conveyed to the police. You are entitled to obtain this information under section 45 of the Data Protection Act 2018. Such assertions by bailiffs are frequently strategies intended to intimidate individuals into compliance. The CAD reports can function as evidence should a bailiff defendant dispute them in a witness statement.

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The bailiff committed a crime against you IN THE PRESENCE OF POLICE

Police forces often regard bailiff-related crime as a "civil matter" and restrict their involvement to maintaining peace. However, this approach is flawed as the legal responsibility of the police includes crime prevention. If a police officer observes a bailiff committing an offence and neglects to intervene, they could be held accountable for failing to fulfil their duty. According to the law, the officer is obligated to apprehend the suspect, and their failure to do so constitutes an offence under Section 26(5) of the Criminal Justice and Courts Act 2015. In such scenarios, individuals have the right to commence a private prosecution. Legal professionals specialising in cases involving misuse of police authority can provide assistance in pursuing action against the police force.

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The bailiff, or police SNATCHED CAR KEYS, knocked a MOBILE PHONE out of your hand, or took control of an article of vehicle being USED BY SOMEONE.

The legislation specifies that any item in operation, such as a vehicle in motion, cannot be removed if doing so is likely to result in a disturbance of peace. If a police officer accuses you of disturbing the peace after an item is taken from you, they may be held accountable under section 26 of the Criminal Justice and Courts Act 2015. In such instances, you can pursue compensation for breaching Paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

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The police ARRESTED you, or THREATENED to arrest you

If you're accused of "obstructing an enforcement agent" under Paragraph 68 of Schedule 12 of the Tribunals Courts Act 2007, and the agent wasn't acting lawfully at the material time, you are not responsible for the offence. Similarly, if you're charged with "interfering with controlled goods" but the bailiff did not legally take control of them, you are not liable. Seeking legal advice promptly is crucial. If you're threatened with arrest for a charge you are innocent of, you can lodge a complaint against the police officer with the Professional Standards department for abusing their authority. If you were arrested and released without charge, you can pursue a claim for false arrest and unlawful detention, but it requires specialised legal assistance to take action against the police force.

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You have been CHARGED with an offence

If you are innocent of the accusation, you have the basis to take legal action against the police force for wrongful imprisonment, wrongful arrest, and possibly, malicious prosecution. If the arresting officer conducted the arrest to intimidate you or aid a bailiff in inflicting unjust harm upon you, you have the option to pursue legal recourse against the police force. Additionally, you can apply to the Crown Prosecution Service to dismiss the charges against you if there is insufficient evidence for a conviction. Nevertheless, constructing a robust defence and initiating legal proceedings against the police force necessitates the expertise of legal professionals.

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You were INJURED or ASSAULTED by a bailiff

It's crucial to promptly seek medical assistance. Acting swiftly is essential as it allows you to pursue a Personal Injury Claim. Medical evidence is pivotal in supporting your claim, which can be directed against the creditor, bailiff, or the bailiff company, either separately or collectively. Normally, the bailiff company holds liability insurance to handle your claim and offer compensation. Moreover, depending on the extent of your injuries, you have the option to report a complaint to the police for common assault or Actual Bodily Harm. However, they might categorise the incident as a civil matter.

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The bailiff DAMAGED your property or vehicle

When a bailiff takes charge of goods or a vehicle, they assume legal responsibility for their maintenance. If your belongings suffer damage while in their care or are returned in a damaged condition, you are entitled to claim compensation for repair or replacement expenses. It's essential to possess irrefutable evidence proving that the damage occurred while under the bailiff's supervision. Recording a video of the bailiff's handling of your possessions or vehicle is recommended. If the footage shows that your items were undamaged when taken into custody by the bailiff, it leaves them with no plausible defence.

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You want to make a FORMAL COMPLAINT about a bailiff

Bailiffs frequently redirect complaints to their own company or industry association, but seeking resolution through these channels often leads to disappointment. Trade associations typically prioritise the interests of bailiff companies, providing little more than superficial responses and prolonged exchanges until complainants give up. While there is an official process for lodging complaints about a bailiff, it primarily focuses on questioning the bailiff's suitability to hold a certificate, particularly in cases involving undisclosed convictions, criminal activities, or insufficient expertise in enforcement regulations. Alternatively, choosing to pursue a claim for damages can yield more effective results, as it directly affects the bailiff's financial interests.

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You want to PROSECUTE the bailiff

Every person possesses the entitlement to commence legal proceedings, provided they gather evidence, prepare a witness statement, and give the police a chance to investigate the purported crime and question the accused. If law enforcement dismisses the issue as a civil matter or chooses not to refer it to the Crown Prosecution Service, the complainant still has the choice to present the evidence and details to a Justice of the Peace presiding over a Magistrates' Court. The magistrate holds the power to compel the Crown to pursue the case and issue a warrant for the police to arrest the defendant and enter a plea at court.

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