Bailiffs And High Court Writs (HCEO).
Bailiff attended about a debt you KNEW NOTHING ABOUT
If bailiffs have taken you by surprise, you may apply to stay the execution of the writ and set aside the judgment. This action will immediately stop enforcement and the accrual of bailiff's fees. Remember, enforcement powers are active until the court intervenes. By acting promptly, you can reclaim any money or goods taken and seek compensation for breaches of enforcement regulations.
You want to DISPUTE the judgment debt
If you contest all or part of the judgment debt, apply to stay the writ of control and set aside or vary the original judgment if you were unaware of the judgment until after the court issued it, perhaps due to reasons like a change of address, an incorrect address on the judgment, or being away from the judgment address. In that case, you can apply to stay the writ of control and set aside the original judgment. This will bring relief as it stops enforcement and cancels the bailiff's fees.
The bailiff did not give you a NOTICE OF ENFORCEMENT (NOE)
The bailiff must provide at least seven clear business days' notice before removing goods or taking money. If you've recently moved and the bailiff took you by surprise, or if the writ's address is outdated, this is evidence that the bailiff did not provide the required statutory Notice of Enforcement. Some bailiff companies may intentionally withhold notice to secure a higher fee. The law mandates that bailiffs record the time they gave the debtor the Notice. Non-compliance with the Schedule 12 enforcement procedures has significant implications-it nullifies all fees and charges. In such cases, it's crucial to apply for a DETAILED ASSESSMENT hearing to recover the money or goods taken.
The bailiff REFUSED TO SHOW THE WRIT OF CONTROL
If a bailiff refuses to show the writ of control, then he is no longer acting within the lawful execution of his duty. In such cases, the person in charge can remove the bailiff without being guilty of committing an offence of 'obstructing an enforcement agent.' It's worth noting that bailiffs often only show the writ when they are confident that the enforcement address is correct or the writ is not defective.
You want MORE TIME to pay the debt
Apply to stay the writ and vary the original county court judgment, allowing you to pay at an affordable rate. This action stops enforcement and cancels the bailiff's fees and charges, provided you adhere to the variation order and make the monthly payments by the specified dates.
Your NAME or COMPANY NAME on the Writ of Control is WRONG
If a bailiff directs enforcement at someone other than the debtor named on the writ, the affected party can take action. They can file a THIRD-PARTY Claim to Controlled Goods, a process that involves seeking damages for breach of Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and section 3 of the Torts (Interference with Goods) Act 1977. This claim also nullifies all fees and charges, and recovers any money taken and goods removed.
You are a VULNERABLE PERSON
Guidelines outline the categories of vulnerable individuals. Bailiffs cannot recover enforcement stage fees and charges, including storage fees, unless they provide the debtor with sufficient opportunity to seek advice before taking control of goods. If a bailiff fails to comply, the debtor has the right to apply for a DETAILED ASSESSMENT and seek damages and costs. It's important to note that while bailiff companies may have a 'welfare department,' this is misleading, as bailiffs are not medically qualified nor have access to benefit records to determine vulnerability.
Official advice suggested I negotiate my debt with the bailiffs.
Official advice agencies and debt charities often recommend negotiating directly with bailiffs, but this can be harmful. Bailiffs are paid a fixed £90 fee, focus solely on collecting the debt and rarely engage in negotiation. Following this advice can undermine your position, as you will deal with someone determined to secure payment, often through aggressive methods. To protect yourself, address the debt with the relevant authority. While official guidance mentions Controlled Goods Agreements, bailiffs typically choose to tow vehicles for a quicker resolution. Additionally, seeking debt counselling is ineffective if the debt is disputed, unjust, or if the enforcement does not comply with regulations. Bailiff companies often hide behind proxy addresses and names, making it risky to provide them with financial details, as you lose control over how your personal and financial information is managed.
BLACKMAILED? Deploy "Pay & Reclaim"
If the bailiff demands money, knowing or should know you do not owe it under the pain of removing your goods or vehicle, he commits an offence under section 21 of the Theft Act 1968. The police may regard this as a civil matter. In such cases, you have the power to utilise the 'Pay & Reclaim' method, which involves paying the demanded amount and then reclaiming it through the courts. If a bailiff has taken control of a car, you regain control of it. This approach not only makes the bailiff's case toxic, as he typically has to cover the costs of attending and defending your claim, regardless of the outcome, but also ensures that the bailiff generally ends up returning your money and paying the proceedings' costs. Bailiffs cannot profit from the Pay & Reclaim procedure, making it commercially unviable for them and their company. This means that the bailiff will face the consequences of his actions, further justifying your decision to challenge him.
You were FORCED TO PAY someone else’s Debt
If a bailiff forced you to pay another's debt under the pain of removing your goods, they are committing an offence. This is true even if the debtor is a relative or the bailiff writes 'paid voluntarily' on a document. The offence is under sections 2 and 4 of the Fraud Act 2006. You have the right to report this offence to the police and to recover the money in the small claims court with your costs. You also have the option to do a chargeback with your bank. In such cases, the bank will require the bailiff (merchant) to provide evidence that the account holder is named on the Writ of Control; if they cannot, the bank will return the money to your account.
The bailiff attended your PRIVATE ADDRESS about a COMPANY DEBT
As a company director, you are not personally liable for company debts, unless you make a personal guarantee. The company cannot 'live' at a director’s home address unless the writ has the director's private address on it. In that case, the bailiff can only take control of goods that belong to the debtor company. If a bailiff were to overstep these boundaries, for instance, by ransacking your home or stealing personal items, you have the right to make a claim. It's your responsibility to report any theft of jewellery or house/car keys to the police and your insurer immediately, and then start the claim process. This ensures that you can recover any losses.
You RECENTLY MOVED
If you have recently moved and the court sent its correspondence to your previous address, yet the bailiff attended without prior notice, then that is evidence the bailiff has traced you. The enforcement is invalid because your new address serves as evidence the bailiff did not give you a statutory Notice of Enforcement. The bailiff must return all money and goods. Apply to stay the writ, set aside the judgment, and request an interim order for the return of the money or goods the bailiff has taken.
You are living or working ABROAD
If you are abroad, then enforcement by taking control of goods is legally not possible. The law is clear-the bailiff must give a Notice of Enforcement. Even if you are not at your UK address, section 7 of the Interpretation Act 1978 provides a guideline, stating that 'evidence to the contrary' the Notice has been served or given by ordinary post. In any case, bailiffs are limited to the jurisdiction of England and Wales.
The bailiff's fees and charges are TOO HIGH
When faced with exaggerated bailiffs' fees and charges then you have the right to apply for a DETAILED ASSESSMENT hearing. This legal process is designed to ensure fairness, as the court will meticulously examine the bailiffs fees and charges. This scrutiny holds the bailiff accountable for their fees, and in most cases, the court will order the bailiff to pay your legal costs in bringing the fee irregularity to light.
The bailiff charged the First and Second ENFORCEMENT STAGE FEE together
The bailiff may charge the Compliance Stage fee for each enforcement power being executed simultaneously against the same debtor. However, bailiffs may only recover the Enforcement Stage fee once, regardless of the number of enforcement powers the bailiff is recovering against the same debtor. Bailiffs often charge the first and second enforcement stage fees together or attend with a document with all the fees charged in advance. If you find that the bailiff has charged you the Enforcement Stage Fee more than once, you have the right to reclaim the money. This can be done by applying for a DETAILED ASSESSMENT hearing, a process that involves a thorough review of the fees charged and a fair resolution.
The bailiff charged a SALE STAGE FEE
The law specifies that the sale stage fee is only applicable when the bailiff has initiated the process of removing goods or a vehicle to a place of sale, such as a compound. It's important to note that this fee does not apply when the bailiff has merely 'called a truck', a term that refers to a preliminary step in the process. The sale stage fee is triggered only after the bailiff has taken control of your goods using one of the four methods outlined in paragraph 13 (1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 and has commenced their transportation to the place of sale. To delve into the technicalities, if the vehicle compound is not the actual place of sale, you may recover the Sale Stage fee by applying for a Detailed Assessment hearing.
The bailiff charged you a CARD FEE
The fee regulations stipulate that the bailiff can only recover the prescribed fees and charges in the Schedule of the Taking Control of Goods (Fees) Regulations 2014, along with disbursements paid for taking and selling the debtor's goods. A card fee, therefore, does not conform to these rules. You have right to reclaim it via a "charge-back" with your bank or credit card company. If the charge-back fails, you can further assert your rights by applying for a DETAILED ASSESSMENT hearing to ask the court to examine the fees and charges. In this process, the bailiff company may be required to pay indemnity costs because they acted in breach of the fees regulations.
The bailiff charged VAT on his fees
Bailiffs, as individuals prescribed under section 63 of the Tribunals Courts and Enforcement Act 2007, are not usually VAT-registered. This means that there is no contractual relationship between bailiff companies and a limited company, as limited companies cannot be individuals with a valid certificate. Consequently, the limited company may not recover VAT as input tax from debtors. However, as a debtor, you have the right to request a DETAILED ASSESSMENT of the enforcement agents fees and charges and ask for your costs if you have been charged VAT.
The bailiff REFUSED TO EXPLAIN HIS FEES and CHARGES
Bailiffs often charge a fee to explain their fees and charges. The law mandates that all fees and disbursements must be on the Notice of Enforcement. If they are not, or if the bailiff did not provide you with a Notice of Enforcement, you can recover any fees taken by the bailiff. You may apply for a DETAILED ASSESSMENT hearing, where the court will impartially examine the bailiff's fees. In most cases, the bailiff is required to pay your legal costs.
The bailiff is PESTERING YOU FOR HIS FEES
Once you've paid the debt to the claimant - the "amount outstanding" and given the bailiff a Notice under paragraph 59 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, a "Paragraph 59 Notice". Bailiffs are legally prohibited from taking control of your goods. The law allows bailiffs to remove goods to recover the debt and the "costs" of taking and selling your goods. However, the writ does not grant them the power to recover "fees" or "costs" after the debt is settled. If the bailiff takes money, you have the right to apply for a DETAILED ASSESSMENT of the fees and charges.
The bailiff used or threatened you with a LOCKSMITH
No legislation explicitly allows bailiffs to use a "locksmith" or break entry to homes. The law states that a bailiff "can enter and search for goods to be taken into control". The term "locksmith" is a bailiff's jargon for the right to "enter by reasonable force". However, this right can only be exercised with a separate court permission, a privilege that is rarely granted. When it is, it often leads to months of court proceedings, a process that homeowners and tenants can take comfort in knowing is not easily obtained.
The bailiff is calling about a debt by a HOUSEMATE or OTHER PERSON
If the debtor named on the writ of control does not reside at your address, and bailiffs do not possess the right to remove goods there. Their authority is limited to the debtor's place of residence or business. In the event of a bailiff threatening you as an occupant, call 999, and you can report the disturbance to the police. A constable will then take a statement, contact the bailiff, and inform them that the debtor is not a resident. If the bailiff is a limited company demanding "proof" that the debtor does not live with you, you can hand the demand to the police.
The bailiff is recovering a judgment MORE THAN SIX YEARS OLD
The law states that debts of more than six years are barred from enforcement if they remain unpaid for six years without the debtor's acknowledgement of the debt. If a judgment is transferred up to a writ, it does not extend the six-year statutory period from the original judgment date or the debtor's last acknowledgement. In such cases, you have the right to apply to the High Court to stay of execution of the writ.
The bailiff attended LESS THAN 11 DAYS from the date printed on the Notice of Enforcement.
The bailiff is obligated to wait until the statutory time limit of seven days has lapsed before attending. The law states that the Notice is delivered by second-class post, ensuring the debtor receives it on the 2nd weekday after posting. Importantly, if the bailiff takes money or removes goods in haste, the enforcement is considered a failure. This empowers you, the debtor, with the knowledge that you can sue for damages, including the recovery of goods taken or claim their replacement cost.
The bailiff took PHOTOGRAPHS of documents and valuables around the house.
Unless a bailiff has made a Controlled Goods Agreement with the items listed in the photographs, there is no need for bailiffs to possess photographs of your documents and valuables. This unauthorized possession can lead to serious security breaches, such as someone using them to steal your bank details or return to your home knowing where you keep your valuables and burgle your home. It's imperative that you take immediate action by reporting it to the police, informing your bank, and giving notice to the data controller of the bailiff company, requiring them to confirm they have destroyed the photographs.
The original judgment is UNDER £600
Regulations say judgments debts must be over £600 before a creditor can transfer the enforcement to the High Court and apply for a High Court Writ. If the judgment is less than £600, disregarding any inflation applied by the enforcement company, you can apply to the High Court to stay the writ.
Your vehicle is WHEEL-CLAMPED
If your vehicle is clamped on a highway or your land, the bailiff is required to remove it within two hours. It's essential to act swiftly, potentially considering the 'Pay and Reclaim' option. Remember to document the vehicle's condition on video, both before and after the bailiff's control, to support any claims for damages. If your vehicle is clamped on private land where you don't reside or conduct business, such as a private car park or a neighbour’s allocated parking space, it's your right to apply for an INJUNCTION to order the bailiff to release the vehicle.
The bailiff has TOWED YOUR VEHICLE away
It's crucial to act swiftly. Call TRACE on 0845 206 8602 and report the car stolen to the police, even if they say the crime is a civil matter. Log the call onto the CAD (Computer Aided Dispatch) immediately. Inform the DVLA that the car has been "taken without permission" to protect yourself from any new traffic offences. If your car is on hire purchase or leased, don't hesitate to apply for an INJUNCTION to recover the vehicle from the bailiffs. The bailiff company usually pays your legal costs.
The bailiff REMOVED an EXEMPT VEHICLE or EXEMPT GOODS
The law specifies types of exempt goods; if a bailiff takes control of them, then you make a claim EXEMPT GOODS and recover them - even if the bailiff has sold the vehicle - the court has the power to undo the sale. You can also recover the replacement cost and damages for unlawful deprivation by claiming under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If the bailiff has taken control of exempt goods, you must start the proceedings within seven days. Otherwise, you must make a different claim under sections 3 and 4 of the Torts (interference with Goods) Act 2007.
Bailiff towed away your vehicle but FAILED to give or leave an INVENTORY.
The law allows bailiffs to remove goods (a vehicle) from the debtor's property, premises or any highway in England and Wales. However, it's important to remember that the bailiff is bound by law to provide the owner with a WRITTEN INVENTORY. This inventory must meet specific requirements outlined by the law and must be given, or left at the property or premises. The debtor also has a right to apply to the court for an injunction ordering the bailiff to deliver up the goods for this breach, such as the removal of a vehicle being found using an ANPR camera.
Your car is taken to a compound a LONG WAY AWAY
The law mandates that goods must be moved within a reasonable distance from where the bailiff took control of it. You have the legal right to request the bailiff to bring the car back to a location nearer to where it was taken from, or ask them to pay for a vehicle transport company to bring the vehicle on their behalf. In more serious situations, you can legally apply to a court for an order for the bailiff to bring the vehicle to within a reasonable distance from where the bailiff removed it. This is because it is a clear breach of Regulation 19 of the Taking Control of Goods Regulations 2013. Alternatively, you can choose to deploy a Pay and Reclaim.
The bailiff sold your vehicle, and you were NOT GIVEN A VALUATION
The law stipulates that the debtor must receive a valuation on controlled goods before they are sold. While the law allows for independent valuations or those made by the bailiff, the most reliable and legally accepted valuation is a written one from a dealer principal at a franchised dealership for the vehicle's manufacturer. This type of valuation carries significant weight. Alternatively, you can obtain a quick valuation by referring to eBay completed (sold) listings for the same model and condition of the vehicle.
The bailiff charged STORAGE FEES for keeping your vehicle
The law provides for bailiffs to recover regulated prescribed fees. It's important to note that storage charges, while not prescribed, are still regulated. The law states that these charges must be 'reasonable and actual cost' to be recoverable from debtors or from the proceeds of sale of the stored vehicle. You have the right to recover these charges after reclaiming your vehicle and put the bailiff to strict proof by bringing into court his bank statements showing the flow of money for the payments to store your vehicle.
The bailiff REFUSED TO SHOW HIS ID
Bailiffs must show evidence of his ID to the debtor or any person who appears to be in authority of the premises being attended. If the bailiff refuses to do so, he is not 'acting lawfully' in the execution of duty. In such a case, you have the right to lawfully remove a bailiff from the premises or property without committing an offence of 'obstructing an enforcement agent', although you may be accused of common assault. It's crucial to handle the situation quietly and calmly, leading the bailiff off the premises.
The bailiff does not have a valid ENFORCEMENT CERTIFICATE
Anyone, unless a government employee who is instructed to take control of goods, must have a valid enforcement certificate. This is a legal requirement, and if not adhered to, the individual is committing an offence under section 63 (6) of the Tribunals Courts and Enforcement Act 2007, and you may report them to the police. However, if the police inform you the crime is a civil matter, don't worry. You can seek assistance from a specialist law firm practising police corruption. They can also initiate private prosecutions against individual police officers and bailiffs. In any case, any enforcement steps taken by the uncertificated person fail, and the debtor may apply to the court for the return of money or goods taken.
The debt is OVER 12 MONTHS OLD
Before bailiffs attend to remove goods, they are required by law to provide you with a statutory Notice of Enforcement. This notice, which is valid for 12 months from the issue date printed on it. Once this period has elapsed, enforcement cannot begin. However, if the enforcement power has continued to have effect in the meantime, the bailiff must provide you with a fresh Notice of Enforcement.
The bailiff turned up BEFORE 6am or after 9pm
If you witness bailiff activity at your property before 6 am, it's important to call the police on 999. The police will log the time of the call on the CAD (Computer Aided Dispatch), and their evidence is typically irrefutable when bringing a claim. It's a common tactic for bailiffs to operate at night or under the cover of darkness, using ANPR cameras to find and to clamp cars before 6 am, and then falsely stating on a document they attended at 06.05 am. However, it's crucial to remember that non-compliance with regulation 22 of the Taking Control of Goods Regulations 2013 can be grounds for legal action. If you or your RING doorbell camera observes enforcement activity before 6 am, then the enforcement fails and you can apply to recover the vehicle.
The bailiff wrote on a document you paid VOLUNTARILY
When bailiffs have compelled you to pay someone else's debt, it's a tactic to deter you from reclaiming that money. However, you have the right to ask your bank for a chargeback. The bailiff (merchant) will need to prove their enforcement power in the account holder's name; otherwise, your bank will return your money. When you file a claim, assert that the bailiff wrote the comment AFTER they took the money from you, and it was under the threat of removing your goods. This statement is crucial, so keep the document safe as you will need to present it as evidence.
The debt arises from a CONSUMER CREDIT AGREEMENT.
When bailiffs seek to enforce a consumer-regulated debt under a High Court writ of control, you may apply to the High Court to stay the enforcement because the writ of control is a 'defective instrument', and you can even apply for your legal costs.
The Controlled Goods Agreement is NOT COMPLIANT WITH REGULATIONS
Controlled Goods Agreements, regulated contracts, have specific Requirements. Compliance with these regulations is essential for the agreement's success. Common reasons for failure include the bailiff's failure to list inventoried goods or estimate their quantities. Another reason for failure is when the listed goods are not the debtor's, or when someone other than the debtor signs the agreement without their consent.
The bailiff charged you INTEREST
If the original county court judgment does not award interest, the bailiff cannot recover it. However, if the judgment does award interest, it is set at a legal rate of 8% for a maximum of 6 years simple interest—or a specified rate as per the judgment or order. In the event that the bailiff has charged interest without statutory or court authority, you have the right to reclaim the money.
A bailiff left a document HANGING OUT OF YOUR LETTER-BOX or communal doorway
Burglars and criminals, often posing as doorstep leaflet distributors, leave flyers hanging out of letter-boxes to identify empty properties. This underhanded tactic relies on the expectation that an occupant would bring the document inside upon returning home. Individuals, often without a valid enforcement certificate employed by bailiff companies, leave red-print demand documents to check if someone has returned or to provoke a response - a method used to locate missing debtors. This unregulated procedure also functions as a trap to attract a £235 enforcement stage fee without the presence of a certified enforcement agent attending the address and the occupant (debtor) paying the bailiff company directly, thereby pocketing the enforcement stage fee for the bailiff company without compensating a certificated enforcement agent.
The enforcement agent said he is a "high court enforcement officer" or an "officer"
An enforcement agent, or a "bailiff", is a prescribed person under section 63 of the Tribunals Courts and Enforcement Act 2007. A High Court Enforcement Officer is a prescribed person under regulation 6 of the High Court Enforcement Officers Regulations 2004. If a bailiff falsely claims to be a High Court Enforcement Officer, he commits an offence under section 2 of the Fraud Act 2006. This is a serious offence, classified as "fraud by false representation". It's crucial to understand that enforcement Agents cannot officiate and cannot call themselves an "officer" because they have not taken an oath of office. They are "agents" authorised to take control of goods.
The bailiff damaged your BUSINESS REPUTATION
If a bailiff has disclosed your debt, you have the right to sue for damages. As an individual, you can take legal action against the bailiff under Section 168 of the Data Protection Act 2018, and you can claim both material and non-material damages. However, if you are a company facing business defamation, it is crucial to understand the complexity of the situation and the need for expert legal help to bring the claim.
The Bailiff clamped MORE THAN ONE vehicle or goods valued much greater than the debt
A bailiff removing disproportionately high-value goods relative to the debt being recovered may be an 'excessive levy'. When a bailiff clamps or removes two or more vehicles, even when the eBay auction value of the lesser valued vehicle would cover the debt, this could also be an 'excessive levy'. In such cases, you have the right to claim damages; similarly, if the vehicles are clamped without being removed, you can also claim damages for the unlawful deprivation of use of the vehicle with the greater value, which means that you may be entitled to compensation.
You got NUISANCE TEXT MESSAGE from the bailiff
Bailiff companies send text messages to mobile numbers they think might be the debtor. It is a method of tracing missing debtors and seeing if it provokes a panic response and confirms your identity. Never respond to unsolicited or nuisance text messages. Even if the senders have hidden their number, set your phone to block the sender and block unknown callers, which stops them from sending you and other further nuisance messages without the sender knowing their text services have been barred. You may also hand the nuisance messages to the Information Commissioner's Office by completing an online form.
The bailiff REFUSED TO EXPLAIN HIS FEES and CHARGES
It's common for bailiffs to charge a fee to explain their fees and charges, but the law is clear-they must explain all fees and disbursements in the statutory Notice of Enforcement. If they fail to do so, the enforcement may be invalid, and you have the right to sue for the recovery of the fees under Paragraph 66 of the Tribunals Courts and Enforcement Act 2007 for failure to comply with paragraph 7(1)(2) of the Schedule. It's crucial to quote in your statement of claim the operation of Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014; otherwise, judges may overlook it. You also have the option to apply for a Detailed Assessment hearing and ask the court to scrutinise their fees.
The bailiff JAMMED HIS BOOT into your door to stop you closing it
The law provides a clear boundary for bailiffs, stating that they may only enter a property by 'normal means', which means that any attempt by a bailiff to forcefully prevent you from closing your door, such as jamming his boot into it, is in breach of Paragraph 24(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. The law explicitly prohibits the use of force against individuals. If a bailiff gains entry to your home in such a manner, you have the right to recover damages for this unreasonable force.
The bailiff was wearing a BODYCAM (Body-worn camera)
If you are bringing a claim against a bailiff who was wearing a bodyworn video camera, and its recordings would support your claim, you have a right to ask for a copy of the recordings. If the bailiff refuses, says "data protection act," or has deleted the recordings, then you bring your claim; then, if the bailiff relies on the footage in his defence, you can apply to the court to strike out his defence statement, potentially holding him accountable for his actions.
The bailiff turned up with a TV FILM CREW
You can stop the footage being broadcast by withdrawing your consent to use your data and erase it immediately under Section 47 of the Data Protection Act 2018 or Article 17 of the GDPR. You must give notice to the data controller of the film company and the TV station that you withdraw your consent to process your data. If the data controller does not respond in writing, confirming they have stopped processing your data. In that case, you can report a concern online to the Information Commissioner, and you can also sue the TV production and the broadcaster and recover material and non-material damages. Non-material damages refer to the emotional distress or reputational harm you may have suffered as a result of the data processing.
The bailiff LOOKED LIKE POLICE
If a bailiff, or anyone else, wears attire such as police body armour or police-like markings, or carries equipment or an article (such as flashing a police-like badge or warrant card) with intent to deceive or impersonate a police officer, they are committing an offence under Section 90 of the Police Act 1998. As a member of the public, if you witness such an act and capture it on video, it is your duty to report it to the police.
The bailiff CALLED THE POLICE
If a bailiff says he called the police, then you can get the call details from the police CAD (Computer Aided Dispatch) by calling them on 101. That not only confirms whether the bailiff called the police, but it also says what the bailiff said to them. Section 45 of the Data Protection Act 2018 says you are entitled to this information, provided the police have yet to give a crime number. It is a bailiff's tactic to scare you into thinking the police will be coming. You can use police information in legal proceedings if a bailiff contradicts it in a defence witness statement.
The bailiff, or police SNATCHED CAR KEYS, knocked a MOBILE PHONE out of your hand, or took control of an article or a vehicle being USED BY SOMEONE.
The law says any article being used by somebody cannot be taken into control if it is likely to cause a breach of the peace, which includes any vehicle being driven by someone, even if the car has been stopped on a highway by the police to assist a bailiff take control of it, or snatching a mobile phone out of someone's hand. If a police officer accuses you of a breach of the peace after having something snatched from you, then the officer may be guilty of an offence under section 26 of the Criminal Justice and Courts Act 2015 and case law. You can sue for damages for a breach of Paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
The bailiff committed a CRIME against you in the PRESENCE OF POLICE
Police forces often hold the institutional belief that bailiff crime is a 'civil matter'. They also state their duty as 'preventing a breach of the peace'. However, this advice is incorrect. The police's overarching duty is, in fact, CRIME PREVENTION. This means that if a police officer witnesses a bailiff committing an offence and fails to apprehend the suspect causing you a loss, you have the right to sue for negligence of that duty or breach of public office. The law is clear-the officer must place the suspect under arrest. Failing to do so is an offence under Section 26(5) of the Criminal Justice and Courts Act 2015, and you also have the right to bring a private prosecution.
The police ARRESTED you or THREATENED TO ARREST you
If the police charged you with an offence of "obstructing an enforcement agent" under Paragraph 68 of Schedule 12 of the Tribunals Courts Act 2007 and the enforcement agent was not acting lawfully, then you are not guilty of the offence. If they charge you with "interfering with controlled goods" and the bailiff did not lawfully take control of them, then you are not guilty of the offence. You must get legal representation straight away. If a police officer threatens you with an arrest for an offence you did not commit. You can make a complaint against the police officer to the police Professional Standards department for abuse of police privilege. If the police arrested you and then released you without charge, you can sue for false arrest and unlawful imprisonment.
You or a member of your staff were INJURED OR ASSAULTED BY THE BAILIFF
Seek medical attention immediately. Call 999, which logs the time of the call on the Computer Aided Dispatch (CAD) which also keeps a recording. Time is critical at this stage because you can bring a Personal Injury Claim. Medical evidence is crucial in bringing a claim. The claim may be against the creditor, the bailiff, the bailiff company, or all three of them together. The bailiff company will have liability insurance to pay your claim and compensation. You have the right to make a complaint to the police for offences of common assault or Actual Bodily Harm (ABH), depending on the severity of your injuries. This empowers you to take action. Police might tell you the assault is a 'civil matter'.
The bailiff DAMAGED your property or vehicle
When a bailiff takes control of goods or a car, the law says liability for their care passes to the bailiff. If your goods become damaged or returned damaged, the law says you may claim damages for the repairs or the replacement cost. However, it's crucial that you act swiftly to inform the creditor of the damage. Delaying this step may result in you being held responsible for the damage. You must have irrefutable evidence the bailiff damaged it or became damaged while it was controlled goods. Make a video of the bailiff when he comes into contact with your goods or your car. If your video shows your goods are undamaged when the bailiff took control of them, the bailiff has no defence.
You want to make a FORMAL COMPLAINT about the bailiff
Bailiffs encourage complaints to be made to their own companies or their trade associations so that they can fob you off with excuses and make the complaint go away. You will waste your time because bailiffs companies fund trade associations and work on the side of bailiffs. There is an official channel to complain about bailiffs, but it's limited to questioning the bailiff’s ability to hold a certificate. Unless you can show the bailiff is unfit to hold a certificate, for example, he has undeclared convictions, sex offences, commits fraud or lacks proficient knowledge of enforcement regulations. Instead, claim damages. You hit the bailiff where it hurts most, and that is in the pocket.
You want to PROSECUTE the bailiff
Bringing a private prosecution is a process that anyone can initiate. It involves gathering your evidence, preparing a witness statement, and giving the police an important role to play-investigating the crime and questioning the suspect. If the police say the crime is a civil matter, a specialist law firm can step in, bringing both criminal and civil proceedings against corrupt police officers and bailiffs.
The police have CHARGED you with an offence
If you are innocent of the offence, you can sue the police force for unlawful imprisonment, false arrest, and sometimes, malicious prosecution. In doing so, you can give the Crown (Prosecution Service) an opportunity to discontinue the case against you if there is no prospect of a conviction. Importantly, your trial is public, and this could potentially expose the arresting officer during cross-examination, leading to intervention by the court under section 26 of the Criminal Justice and Courts Act 2015.
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