You got bailiffs about a court fine YOU Didn't KNOW ABOUT

If you were unaware of the court fine and conviction until after you were convicted. In that case, you can make a Statutory Declaration and promptly post it securely to the court, which not only stops the enforcement but also revokes the conviction and the fine, including the bailiff's fees and charges, and any money or goods taken by the bailiff can be reclaimed.

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You did not get a NOTICE OF ENFORCEMENT (NOE)

Bailiffs must give you a Notice of Enforcement at least seven clear days before taking money or removing goods. If you have changed your address and the bailiff traced you to a different address and ambushed you, then enforcement fails. Ask to see the Warrant of Control, and if the address on it is not your current address, then that is evidence the Warrant is a 'defective instrument '. A 'defective instrument' Warrant of Control can have serious implications for the enforcement process. Some bailiffs do not give Notice because they stand to gain a higher fee of £310; otherwise, they only earn just £75. The law says bailiffs must record the time the debtor was given notice. For such an important document, it is good practice for the bailiff to get proof of posting, which costs nothing. If a bailiff fails to show evidence of the time the notice is given by post, then enforcement fails, and the debtor can apply to recover all bailiff’s fees and charges.

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You are a VULNERABLE person

The law, with its guidelines, protects vulnerable people facing civil enforcement. It states that bailiffs may not recover enforcement-stage fees from vulnerable debtors without giving them an opportunity to seek advice. It also states that creditors must be prepared to take back control of the case. Importantly, the law does not require bailiff companies to have a 'welfare department'; these departments are a creative invention of these companies. They lack medical qualifications and access to benefit records, which are necessary to determine whether someone is vulnerable.

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You were not given a COLLECTION ORDER or a FURTHER STEPS NOTICE

A fine defaulter, you must be given a 'Collection Order', also referred to as a 'Further Steps Notice', before bailiffs can be instructed to recover the debt. If the court has not provided you with this notice and bailiffs have already made contact, it suggests that the bailiff has traced your current address without the Court having the opportunity to comply with the regulations requiring a notice to be given beforehand. You have several avenues available to you to stop the enforcement and, in some cases, even revoke the court fine and the conviction, potentially recovering the fees and charges the bailiff has taken.

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You have already PAID THE FINE, but the bailiff is pestering you about his FEES

Once you've paid the fine in court, bailiffs are no longer authorised to take money or remove your goods, because this terminates the enforcement power under the Warrant of Control. The law permits bailiffs to take control of goods to recover the fine and the costs of taking and selling your goods, prescrtibed as 'costs'. However, it does not allow them to recover 'fees' or 'charges'. Importantly, you have the power to claim damages and the recovery of goods or money taken.

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Official advice told me to negotiate my debt with the bailiff.

Official advice agencies and debt charities tell debtors to negotiate directly with bailiffs, but this often proves detrimental. Bailiffs rarely negotiate because they receive a flat fee of £90 to recover the debt, making their sole focus the money owed. Following this advice can weaken your position, as you’ll be dealing with someone intent on securing payment, often through aggressive means. Instead, protect yourself by addressing the debt with the relevant authority. Although official guidance mentions Controlled Goods Agreements, bailiffs usually opt to tow vehicles, quickly completing their task. Similarly, advice to seek debt counselling is irrelevant if the debt is disputed, unjust, or if enforcement is non-compliant with regulations. Bailiff companies often conceal themselves behind proxy addresses and names. Providing them with a financial statement risks your data security, as you lose control over how they handle your personal and financial information.

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

The bailiff must wait until the statutory time limit of seven days has lapsed before he can take money or remove goods. The law says the Notice is given by second-class post, which means it is delivered on the 2nd weekday after posting. If the bailiff attended in haste, enforcement fails, and you can sue for damages, including recovery of goods (or money) taken or claim the replacement cost of them.

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You have not been MEANS TESTED when you were fined

The law mandates that defendants being fined must be financially assessed before a magistrate sets the fine. If the court has yet to assess you, and the court's failure puts the Court Service in breach of section 85 of the Magistrates' Courts Act 1980. Therefore, it is in your best interest to request enforcement be stopped and have your financial circumstances assessed.

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You need MORE TIME TO PAY the court fine

You have several legal avenues to apply to the court for more time to pay. If bailiffs are knocking, you can still apply to magistrates for more time to pay. You need to be prepared to have bailiffs knocking until your application is granted.

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You had a CHANGE OF FINANCIAL CIRCUMSTANCES since you were fined

The law provides a pathway for you to apply for a reassessment if your financial circumstances have changed since the Court fined you. To start this process, gather evidence of your new income and expenditure. You can initiate this by writing to the court, but it's worth noting that magistrates are more likely to grant you a stay of enforcement if you personally present your case at court.

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You want to APPEAL the fine

The law says if the fine exceeds the statutory maximum ('manifestly excessive') or your circumstances were not taken into account when setting the fine, you can appeal the fine in the Crown Court. The Sentencing Council publishes guidelines for magistrates on the setting of court fines.

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You want to pay the fine with an ATTACHMENT OF EARNINGS or BENEFITS

If you are receiving certain benefits, such as Jobseekers Allowance, Universal Credit or Employment and Support Allowance, then you may be a vulnerable person for civil enforcement. If you recently started work, then you can apply to stop the enforcement by asking the fines officer at the sentencing court to set up an attachment of earnings.

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You want to commute the fine, stop the bailiffs, and do UNPAID WORK instead

To suspend the enforcement of your fine, you need to persuade the fines officer at the sentencing court that it would be 'impractical or inappropriate' to enforce the fine using bailiffs. If the fines officer accepts your application, it suspends enforcement using bailiffs and cancels £310 in bailiff fees and charges.

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You MOVED or CHANGED ADDRESS

If you have moved and the correspondence regarding your fine has been sent to your old or another address, then enforcement fails. If the court imposed a fine without your knowledge and the bailiff has traced you and turned up unexpectedly at your new address, then enforcement is invalid. You can make a Statutory Declaration to quash the conviction and cancel the fine, which stops the bailiffs, and you are no longer liable for the fees and charges. If the bailiffs do not know your new address, then you should not entrust it to them. Otherwise, they will start coming around.

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The bailiff used or threatened you with a LOCKSMITH

No legislation permits bailiffs to use a "locksmith" or break entry to homes to recover unpaid debts. Bailiffs may only use a locksmith to enter a 'demised property' subject to a Possession Order. The law states that the bailiff "can enter and search for goods to be taken into control". The term "locksmith" is a bailiffs trade association (in this case, from a CIVEA members newsletter article in 2014) interpretation to "enter by reasonable force". However, this requires separate court permission and is rarely given. Instances of bailiffs illegally breaking into homes in the past have not only breached enforcement regulations but also resulted in months of litigation, which renders breaking and entering commercially unviable for bailiff companies trading in court fine enforcement.

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The bailiff does not have an ENFORCEMENT CERTIFICATE

The law stipulates that any person, not a government employee instructed to take control of goods to recover a debt, must hold a valid enforcement certificate. If you suspect an offence, you can report the person to the police under section 63(6) of the Tribunals Courts and Enforcement Act 2007. Should the police tell you the crime is a civil matter, then it is a form of corruption under section 26 of the Criminal Justice and Courts Act 2015. Any money or goods taken by the uncertificated person may be recovered because the enforcement is invalid.

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The bailiff refused to show his ID

A bailiff must always show evidence of their ID to you, the debtor, or any person in charge of the premises. A bailiff's official ID is his court-issued certificate, a white laminated card measuring six inches by two inches with a mugshot and signed by a judge. If the bailiff refuses to show his valid certificate or flashes fake IDs such as a police-like warrant card and a badge. In that case, the bailiff is no longer 'lawfully acting' in the execution of duty, which means you have the right to remove the bailiff using reasonable force without committing the offence of 'obstructing an enforcement agent'. Remember, this offence only applies to someone obstructing an enforcement agent who is 'lawfully acting'. Do not get into a fight with a bailiff; if a bailiff threatens you with violence when told to leave quietly, then call the police on 999 reporting a disturbance, and they can search the bailiff for evidence of his ID and his police-like warrant card and badge as using one commits an offence under section 90 of the Police Act 1996.

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The bailiff refused to show the WARRANT OF CONTROL

The law grants the debtor or any person who appears to be in charge of the premises the right to request proof of the bailiff's authority to enter. This authority is established through a Warrant of Control. If the bailiff refuses to show the warrant, they are no longer 'lawfully acting' as an enforcement agent. In such a case, the bailiff can be removed from the property using reasonable force without the debtor or person committing an offence of 'obstructing an enforcement agent'. This is because, to be guilty of this offence, the enforcement agent must be 'lawfully acting' at the time of his removal.

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The warrant of control looks like a COUNTERFEIT.

A Warrant of Control issued for unpaid court fines only confers an enforcement power for the amount the defendant was fined. It does not confer the power to recover fees because regulations provide these separately. If a bailiff company has doctored a Warrant of Control or created a fake one. In that case, they commit an offence under sections 8 and 9 of the Fraud Act 2006, and everyone involved in the fraud commits an offence under section 993 of the Companies Act 2006. However, you are still liable for the court fine, so verify with the court whether you have an unpaid court fine and ask them for the address printed on the Warrant of Control. If court staff get funny with you, then treat that as a red flag.

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

Bailiffs can charge the £75 Compliance Stage fee for each enforcement power being recovered together from the same debtor. However, the bailiff may only recover the £235 Enforcement Stage fee once, regardless of how many concurrent enforcement powers he is executing against the same debtor. If a bailiff charged you multiple £235, for example, in a single taking or clamping a car, you have the right to seek reimbursement for the excess amount, along with your costs for bringing the claim. You can do this by applying for a detailed assessment hearing, where you can present your case and ask for your costs to be reimbursed.

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You were charged a £110 SALE STAGE FEE.

The regulations state that the bailiff can recover the Sale Stage fee of £110 once they have initiated the process of removing controlled goods. This fee is not recoverable if the bailiff has only mentioned the intention to 'call a truck'. The Sale Stage fee becomes recoverable once the bailiff has taken control of your goods using one of the four prescribed methods outlined in paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and started removing them to the place of their sale. It's important to note that, as per the regulations, a vehicle pound is not necessarily the same as the location of sale. Therefore, until the vehicle is transferred from the pound to the location of sale, the bailiff is unable to recover the £110 sale stage fee.

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You were charged a CARD FEE.

The fees regulations state that the bailiff can only recover the prescribed fees in the Schedule of the Taking Control of Goods (Fees) Regulations 2014, along with disbursements paid for taking and selling the debtor's goods. However, card processing fees are not covered by these regulations. If a bailiff has charged you a card fee, it's crucial to act promptly. You have the option to reclaim it via a charge-back with your bank or credit card company. This action should be taken as soon as the transaction has occurred. Alternatively, you can apply for a detailed assessment hearing.

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The bailiff charged STORAGE FEES for keeping your vehicle

Vehicle storage fees are the most lucrative line of profit for bailiff companies. The Schedule to the fees regulations specified what charges the bailiff may recover from the debtor or the proceeds of the sale. Bailiff companies use Storage Fees as a means to generate a commercial profit, but they are easily challenged. The regulations only provide bailiffs with the ability to recover the actual disbursements paid by the bailiff for taking and selling the debtor's goods. These could include the cost of towing the vehicle, administrative fees, and the actual cost of storing the vehicle. You may recover them after getting your car back or apply for a detailed assessment. The bailiff or his company is required to bring his bank statement into court showing the flow of money paid to store your car. If he or the bailiff company cannot show the flow of money, then the storage fees have not been "actually" disbursed, and you may recover them.

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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. The potential for misuse is high-criminals can use the photographs to steal your bank details or return to your property and burgle your home, armed with knowledge of your valuables and their locations. It's crucial that you report this to the police, inform your bank, and notify the data controller of the bailiff company, demanding they confirm the destruction of the photographs under section 47 of the Data Protection Act 2018.

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The bailiff said he will ARREST you, or an ARREST WARRANT has been issued

Bailiffs use police-like terminology like "arrest" and "arrest warrant", but there is no legislation enabling private bailiff companies to "arrest" anyone, restrain and transport prisoners or bring suspects to court. Bailiffs use the word "arrest warrant" on documents to trace missing defaulters by pushing documents through letterboxes to see if anyone makes contact and tracing the missing debtors' new address. The bailiff company might be using word-play to falsely represent a No Bail Warrant under section 117 of the Magistrates Courts Act 1980 to authorise a private bailiff or a company to make arrests. Still, a No Bail warrant does not confer a power of arrest; it only allows a magistrate to grant a warrant to endorse bail. An arrest warrant issued under section 8 of the Police and Criminal Evidence Act 1984 can only be executed by a constable who must be on duty and wearing the correct uniform or show a warrant card.

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The bailiff turned up BEFORE 6AM or after 9PM

If you observe any bailiff activity at your property before 6 am, it's imperative that you immediately contact the police on 999. The time of your call is logged on the police CAD (Computer Aided Dispatch), serving as undeniable evidence in the event of a breach. Bailiffs often operate at night or under the cover of darkness, using a ANPR camera to locate and clamp vehicles before 6 am, then falsely documenting the action as occurring after this time. However, if your RING football video camera or you personally capture such enforcement activity before 6 am, the enforcement is invalid, and you have the power to seek compensation for any damages incurred.

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You were paying the fine in INSTALMENTS then bailiffs arrived.

If you set up a repayment plan with a bailiff company upon receiving the Notice of Enforcement, you may not be aware of a potential pitfall. The bailiff company only earns £75 initially. However, they will send a bailiff round to your home to set up a repayment plan, which deceptively attracts a further £235 Enforcement Stage fee, adding to your debt. You can apply to the court for a change of circumstances or get re-means tested. This can stop the bailiff action and cancel the fees.

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Court Service said its "Hereford and Worcester Ex-parte McRae"

It is essential to address the factual error in the 'Hereford Template '. This template, often used when a defaulter pays a court fine online directly to the court, mistakenly suggests that the warrant is still active and 'cannot be withdrawn'. This is a misinterpretation of section 88(8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, which clearly states that the warrant of control ceases to be exercisable once the 'amount outstanding' has been paid and that it can be withdrawn by the fines officer.

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The bailiff wrote on a document you paid "VOLUNTARILY"

When a bailiff has compelled a person other than the debtor to pay a court fine under the threat of removing their goods, the bailiff will document that the person willingly gave the money. This is a strategy to prevent the person from reclaiming the money, arguing it was given voluntarily. However, when you file a claim, you must assert in your statement that the bailiff documented the transaction after taking the money, and that there was never any voluntary agreement to pay. The bailiff took the money under the threat of removing goods and refusing to quietly leave the property until he had completed the money transfer.

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Bailiff attended about a fine that was paid online to HM Court Service

Bailiffs only receive payment when they successfully recover unpaid fines. If a defaulter pays a fine in court, the bailiff loses their commission. They earn £90 from the £310 fees if they manage to recover the fine and all the fees (referred to as 'payment in full' or 'PIF' by bailiff companies). So, if you pay your court fine, the bailiff may still turn up, claiming to have a 'warrant' and demanding the fees. However, without a an enforcement power, they cannot remove your goods to recover fees. If a bailiff does take money in this manner, you have the right to challenge this. You can apply for a detailed assessment hearing, where the court will carefully examine the legal definition of 'amount outstanding' for the enforcement power in hand.

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The date of the alleged offence is MORE THAN 6 months ago

The law stipulates that non-indictable offences, also known as minor offences, must be presented before the court within six months of the alleged offence. If a prosecution is initiated against you by the police, DVLA, TV Licensing, or any other prosecuting body beyond this timeframe, or if you have been convicted in your absence for a prosecution that was presented late, you have the right to revoke the conviction and the associated fine. This can be done by making a statutory declaration under Section 14 of the Magistrates’ Courts Act 1980.

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The fine is MORE than 12 months old

The bailiff must give the debtor a Notice of Enforcement at least seven clear days before any enforcement can commence. This Notice has a validity period of 12 months from the date of issue. Once this period ends, enforcement cannot start. In such cases, the bailiff must give the debtor a fresh Notice of Enforcement, provided that the enforcement power remains in effect during this time.

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The fine is MORE the SIX YEARS old

The law specifies that statutory debts are unenforceable if they remain unpaid for six years without the debtor's acknowledgement. However, a court fine, often considered a 'penalty' rather than a debt, presents a unique situation. This becomes apparent when considering that even after the defaulter's death, their estate remains liable for the fine, a circumstance that doesn't apply to community orders or prison sentences.

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Your vehicle has been WHEEL CLAMPED (immobilised)

If a bailiff clamps your vehicle while parked on a highway, they will remove it after two hours. It's important to act quickly, potentially using a 'Pay and Reclaim' method. Equally important is to document the vehicle's condition on video, a step that should be repeated upon its return. This documentation can be crucial if you need to sue for damages caused while the bailiff had control of it. If the bailiff clamps your car on someone else's private land, such as a car park or a neighbour’s allocated parking space, where you don't normally live, you have the right to apply for an injunction to release the car and recover damages.

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Your vehicle has been TOWED AWAY.

Take immediate action by calling TRACE on 0845 206 8602 and reporting the car stolen to the police. Even if the police tell you the crime is a civil matter, is essential to log the time of your call onto the CAD (Computer Aided Dispatch). Additionally, inform the DVLA that the car has been 'taken without permission'. This action protects you from any liability for traffic offences. If your car is on hire purchase or lease, then it is the property of the lender or leasing company, and you can apply for an injunction to recover the vehicle.

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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. The owner must be given a written inventory. The law further states what that inventory must contain and how it must be given or left at the property or premises. If the bailiff fails to give a written inventory listing your vehicle (goods), you have the option to apply to the court for an injunction. This is a legal order that compels the bailiff to deliver the goods. It's important to note that this recourse is available to you in case of any breach when the bailiff removes a vehicle when he finds it with an ANPR camera.

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The bailiff removed your vehicle to a compound a LONG WAY AWAY

Bailiffs are strictly bound to move them within a reasonable distance from where they were taken. You can legally request the bailiff to bring the car back to a location nearer you or ask them to pay for a vehicle transport service to bring the vehicle on their behalf. In extreme cases, you have the legal right to apply to a court for an order for the bailiff to bring the car within a reasonable distance from you, as it is a breach of regulation 19 of the Taking Control of Goods Regulations 2013. Use your vehicle's GPS tracker to monitor its movements to ensure compliance. Another option is to use the Pay and Reclaim method.

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The bailiff is calling about a fine by a HOUSEMATE or OTHER PERSON

If the debtor named on the Warrant of Control does not live at your address, the bailiff is not authorised to take control of goods there because the bailiff myst apply for that authority separately. Bailiffs are only permitted to enter the debtor's home or premises from which he lives or trades. If the debor is a housemate, then the bailiff's authority is limited to taking control of the goods belonging to the housemate. In the case of a threat, it is advised to call the police on 999 to report a disturbance. A constable will then take a statement and examine the bailiff's ID and the Warrant of Control. Once the constable is satisfied that the debtor is not living at the address, the bailiff will be required to leave.

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A bailiff forced you to PAY SONEONE ELSES's court fine

A bailiff commits an offence under sections 2 and 4 of the Fraud Act 2006, as well as section 78(5) of the Magistrates' Courts Act, when they 'make an improper charge'. This occurs when they force you to pay somebody else's court fine under threat of removing your goods. Even if the defaulter is a relative, this action is not legal. You have the right to report the offence to the police and bring an action to recover the money and your costs. You can also recover the amount taken through a charge-back from your bank. The bank will require the bailiff to show evidence that the account holder is the debtor named on the Warrant; otherwise, the bank will refund your money.

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The bailiff removed EXEMPT GOODS or VEHICLE

Regulations prescribe the specific types of goods that are exempt from enforcement. If a bailiff takes control of them, you may make a CLAIM TO EXEMPT GOODS and recover them together with a claim for damages and losses. You can file the claim even if the bailiff has sold the vehicle - the court can undo the sale. You can also recover the replacement cost of the vehicle and its contents and damages for unlawful deprivation by claiming under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 of section 3 of the Torts (interference with Goods) Act 1977. If the bailiff has taken control of exempt goods, you can start the proceedings.

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

If both vehicles are clamped or removed and the value of the less valuable vehicle is enough to cover the debt, you can claim damages for excessive levy. This involves proving that the value of the lesser vehicle was sufficient to cover the debt. If the vehicles are clamped but not removed, you can also claim damages for the unlawful deprivation of use of the vehicle with the higher value, which requires demonstrating the value of the vehicle and the duration of the deprivation.

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

The regulations stipulate that the bailiff must provide the debtor with a written valuation before selling any goods (vehicle). It's interesting to note that the regulations allow the bailiff to either arbitrarily create his valuation or obtain an independent valuation. However, when it comes to vehicles, the bailiff might resort to manipulation. For instance, he could intentionally over-value the vehicle to push it above the £1350 threshold, thereby removing its exempt status. Alternatively, he could undervalue it to profit from selling it to a motor trader and splitting the profit from the proceeds with the bailiff. You can establish an irrefutable valuation of your vehicle by consulting eBay's 'completed sold' listings for the same vehicle that has been sold at auction in the 30 days prior to the bailiff's removal of your vehicle.

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The bailiff REFUSED TO EXPLAIN HIS FEES and CHARGES

Bailiffs may charge you a fee to explain their fees and charges, but the law is clear-all fees and disbursements must be set out in the Notice of Enforcement. If they are not, then ask the bailiff company for a 'statement of account' and you may the right to recover the fees and charges the bailiff has taken. You can bring the action under Paragraph 66 of the Tribunals Courts and Enforcement Act 2007 for failure to comply with paragraph 7(1)(2) of the Schedule. In your statement of claim, be sure to quote the operation of Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014; this will ensure judges pay the necessary attention. You also have the option to apply for a Detailed Assessment hearing and ask the court to scrutinise their fees, and you can apply for your legal costs.

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The bailiff charged a CARD FEE

The fee regulations clearly state ehat bailiffs may recover in prescribed fees in the Schedule of the Taking Control of Goods (Fees) Regulations 2014, along with disbursements (reasonably and actually) paid for taking and selling the debtor's goods. A card fee, however, does not fall under these regulations. If a bailiff has charged you a card fee, it is important to know that you are not obligated to pay it. You have the right to reclaim it with a charge-back through your bank or credit card company. It is crucial to act promptly, as soon as the transaction has taken place. Alternatively, you may choose to apply to the court for a Detailed Assessment hearing, where you can also apply for your legal costs.

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The CONTROLLED GOODS AGREEMENT is NOT COMPLIANT with regulations

A Controlled Goods Agreement is a regulated and legally binding contract between a bailiff and a debtor. The bailiff lists an inventory of controlled goods that the bailiff has allowed the debtor to remain in possession of. The typical reasons a Controlled Goods Agreement fails are the bailiff failing to fully identify the goods listed or specify their quantities that the bailiff has taken control of. Controlled Goods Agreements also fail when the bailiff has listed goods not belonging to the debtor or the bailiff has got someone other than the debtor to sign it, a breach of the legally binding nature of this agreement.

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The bailiff said he is an "OFFICER"

An enforcement agent, commonly referred to as a "bailiff", is an individual with a valid enforcement certificate under sections 63-64 of the Tribunals Courts and Enforcement Act 2007. It's important to note that a High Court Enforcement Officer, as defined under regulation 6 of the High Court Enforcement Officers Regulations 2004. If a bailiff falsely claims to be a High Court Enforcement Officer or an "officer", they are committing an offence under section 2 of the Fraud Act 2006. Enforcement agents, not taking the oath of office, may only take control of goods to recover a debt.

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BLACKMAILED? Deploy "Pay & Reclaim"

If the bailiff demands money, he knows you do not owe under pain of taking your goods or vehicle, and he commits an offence under section 21 of the Theft Act 1968. The police might say the crime is a civil matter. You may have to deploy 'Pay & Reclaim'. That means conceding to the bailiff's demand and reclaiming it through the courts. If a car is taken, you get back control of it, and the bailiff's case becomes financially toxic for him to continue because he now has to bear the cost of attending and defending your claim. In all probability, he will pay back your money and cover the costs of the proceedings. It's important to note that he cannot make a profit after a Pay & Reclaim procedure has been executed. It also becomes commercially toxic for the bailiff company.

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You are getting NUISANCE TEXT MESSAGES from a bailiff company

Bailiff companies sometimes send text messages to mobile numbers of people they think might be the debtor. The company gets your mobile number from the DVLA because it's the number you wrote on your vehicle V5 new keeper slip. It's an unofficial method of tracing missing debtors and seeing if it provokes a response and an admission of your identity and your current address. You must never respond to such a message, even if the sender's number is concealed or private. Using your phone, report the sender's number and the sender's SMS services may be suspended or cancelled for abuse of the Terms of Service. You must then block the sender's number and block unknown callers, and that will stop the sender's SMS services without telling them. You can hand the Nuisance messages to the Information Commissioner's Office with a complaint under Section 1 of the Protection from Harassment Act 1997 by completing an online form.

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A document was left HANGING OUT OF YOUR LETTERBOX or communal doorway

Burglars and criminals employ a deceitful tactic by leaving a flyer hanging out of a letterbox of a potential target property, testing if the occupant has taken in the document. Similarly, bailiff companies use individuals without a valid certificate to leave documents hanging out of a letterbox or a communal doorway of a list of addresses, hoping the debtor contacts the bailiff company named on the document. This is a form of debtor tracing, designed to provoke a panicked response and provide the bailiff company with the debtor's new address. In another deceptive move, bailiff companies leave a document at addresses to charge debtors the £235 Enforcement Stage fee, bypassing the need to pay a certificate enforcement agent for their attendance.

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The bailiff is pursuing you about SOMEONE ELSE'S COURT FINE

The law strictly limits bailiffs to removing the debtor's goods. If a bailiff has coerced you into paying a court fine that isn't yours, you have the right to recover the money from the bailiff company, along with your costs. Alternatively, you can approach your bank and request a chargeback. Your bank will refund your money if the bailiff company (merchant) cannot provide a Warrant of Control with their account holder's name on it. Additionally, the occupant of the address can make a statutory declaration that removes the address from the enforcement's radar.

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

Paragraph 24(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 expressly states that a bailiff may not use force against people. This means that a bailiff jamming his boot into your door is no longer acting in the "lawful execution of duty" and may revoke any subsequent money taken or goods removed. A bailiff jamming his boot into a door to stop you from closing it amounts to the use of force against a person. Regulations state that a bailiff may only enter by "normal means", and a bailiff jamming his boot into a door or applying force to a door to gain entry may amount to an assault. It's important to note that the police might say the crime is a civil matter.

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The bailiff filmed you with a BODY-WORN CAMERA (Bodycam).

If a bailiff was equipped with a bodyworn video camera, you have the right to request a copy of the recordings. This right is particularly significant if you are initiating a claim against a bailiff who was wearing a bodyworn camera and the recordings could serve as evidence for your claim. If the bailiff declines your request, invoking the 'data protection act', you can still proceed with your claim and present the bailiff's response as evidence. Importantly, if the bailiff uses the recordings in their defence, they could be liable for damages due to a breach of section 45 of the Data Protection Act 2018.

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The bailiff turned up with a TV CREW.

You can stop the recordings from 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. This means you can give a notice to the data controller of the film company or the TV station, stating your withdrawal of consent to process your data. If the data controller fails to respond in writing confirming they have stopped processing your data, you can report a concern online to the Information Commissioner. If you choose to, you also have the option to sue the TV production and the broadcaster. If successful, you may be able to recover damages under section 168 of the Data Protection Act 2018 or Article 82 of the GDPR, together with any royalties owed, provided that the court finds that your data was indeed processed without your consent and that you suffered harm as a result.

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The bailiff looked like POLICE

If a bailiff attends tooled up in police-like body armour or markings or carries equipment or an article, such as flashing a police-like warrant card and a badge, with intent to deceive or impersonate a police officer, they are committing an offence under Section 90 of the Police Act 1998. If you manage to capture a bailiff flashing a police-like warrant of a badge on video, you may report this to the police.

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The bailiff damaged your BUSINESS REPUTATION

If a bailiff reveals your fine or debt to others, it's a breach of section 40 of the Data Protection Act 2018. To sue for damages, you need to be able to quantify the monetary loss incurred and have the persons contacted by the bailiff attend court as witnesses, as well as make a sworn statement filed in evidence. However, proving a claim for reputation damage and quantifying your claim is a challenging task that requires the expertise of a legal professional.

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The bailiff CALLED THE POLICE

If a bailiff claims to have contacted the police, you have the right to verify this information by contacting the police at the 101 non-emergency number and obtain the conversation details with the bailiff from the police CAD (Computer Aided Dispatch). This not only confirms whether the bailiff made the call, but also provides insight into what was communicated. You are entitled to this information under section 45 of the Data Protection Act 2018. A bailiff may have used the threat of police involvement as a tactic to intimidate you.

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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.

If a police officer accuses you of a breach of the peace after a bailiff has taken control of something from you or your vehicle while being used by someone, or the police stop you on a highway to enable a bailiff to take control of your car or take a money transfer from you at the roadside, the officer conducting the traffic stop may commit an offence under section 26 of the Criminal Justice and Courts Act 2015. This breach opens up the possibility for you to sue for damages for a breach of Paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

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

When police officers attend the scene of a bailiff related disturbance, they must remember that their duty is not limited to preventing a breach of the peace. They have a broader responsibility of crime prevention. If a police officer witnesses a crime, such as a bailiff taking a money transfer from a non-debtor under the pain of enforcement, the police officer is duty-bound to apprehend the suspect. It's important to stress that the failure to arrest the suspect is not just a mistake, but a serious offence under section 26(5) of the Criminal Justice and Courts Act 2015.

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The police ARRESTED you, or THREATENED to arrest you

If the police have charged you with "obstructing an enforcement agent" or "interfering with controlled goods" under Paragraph 68 of Schedule 12 of the Tribunals Courts Act 2007, and you can show the bailiff was not "lawfully acting", then you are not guilty of the offence. If a police officer threatens you with arrest for a charge of which you are not guilty or to expose you to an unlawful loss, you have the right to make a complaint against the police officer to the police Professional Standards department for abuse of police privilege. If you were arrested and released without charge, you can sue for false arrest and unlawful imprisonment.

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You have been CHARGED with an offence

If you are innocent of the offence, you have the right to sue the police force for unlawful imprisonment, false arrest, and, in some cases, malicious prosecution. This is particularly applicable if the arresting officer intended to cause annoyance or to assist a bailiff in causing you an unlawful loss. In such a situation, you can take legal action against the police force and give the Crown (prosecution service) an opportunity to discontinue the case against you on the grounds of no prospect of a conviction. Otherwise, the public trial may expose a corrupt police officer during cross-examination. To navigate this complex process, it is crucial to seek expert help to assess whether the enforcement is compliant with regulations, build your defence, and construct a defence.

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You were INJURED or ASSAULTED by a bailiff

It's imperative that you seek medical attention immediately. This is a critical stage as it allows you to bring a Personal Injury Claim. The significance of medical evidence forms the backbone of your claim. You have the option to bring the claim against the creditor, the bailiff, or the bailiff company, or even all three of them collectively. The bailiff company must have liability insurance to settle your claim and provide compensation. Depending on the severity of your injuries, you can also consider making a complaint to the police for offences of common assault or Actual Bodily Harm. However, be prepared for the possibility that the police might tell you the crime as a civil matter.

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The bailiff DAMAGED your property or vehicle

When a bailiff takes control of goods or a car, it's crucial to understand that the law holds them liable for the care of these items. If your goods are damaged or returned in a damaged state, the law is on your side, granting you the right to seek compensation for repairs or replacement. However, it's important to have irrefutable proof that the bailiff caused the damage. One way to do this is by making a video of the bailiff's interaction with your goods or car. If your video clearly shows that your goods were undamaged when the bailiff removed it, it significantly weakens the bailiff's defence. You can also ask for the bailiff's bodyworn video recordings to show the vehicle's condition before he removed it. If the bailiff refuses to provide the recordings, consider it a red flag; the bailiff may be aware that the vehicle was damaged after he removed it.

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You want to make a FORMAL COMPLAINT about a bailiff

Bailiffs often steer complaints towards their own company or their trade association, such as CIVEA. However, this path is often a dead end, and bailiff companies fund these trade associations, creating a conflict of interest. Your complaint may be met with mere lip service, leading to an endless volley of letter-writing that can be disheartening. There is an official channel to complain about a bailiff, but it is limited to questioning the bailiff’s fitness to hold a certificate. Unless you can prove the bailiff is unfit, such as having undeclared convictions, sex offences, committing fraud, or lacking proficient knowledge of enforcement regulations, this route may not yield the desired results. Instead, consider claiming damages. This approach can hit the bailiff where it hurts most: their pocket.

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You want to PROSECUTE the bailiff

When it comes to bringing a prosecution, anyone can do it. You must gather your evidence, prepare a witness statement, and then give the police an opportunity to investigate the crime and question the suspect. If the police inform you that the crime is a civil matter or choose not to pass the case to the Crown Prosecution Service, you now have a right to lay the information and evidence before a Justice of the Peace sitting in a Magistrates' Court. This Justice of the Peace has the authority to order the Crown to prosecute the case and issue a warrant to the police to bring the suspect into court to answer the information and enter a plea.

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