Restraining unlawful action with an Injunction

DO NOT ATTEMPT PROCEEDINGS UNLESS YOU ARE LEGALLY COMPETENT

Always seek advice.

You have the option to request to prevent a bailiff from taking an enforcement action in the following circumstances:

Your vehicle has been clamped or removed while it is under a Hire Purchase agreement.

A bailiff has taken possession of a computer or equipment containing sensitive client data, banking credentials, or intellectual property, which could lead to significant losses if the information is sold.

You are experiencing harassment or intimidation from a bailiff without proper enforcement authority, or regarding someone else's debt

Your vehicle has been clamped or towed from premises where you neither reside nor conduct business.

Enforcement actions are negatively impacting your health.

You feel intimidated or threatened within your own home.

The bailiff company is engaging in persistent communication via text messages.

The bailiff has violated any of the enforcement provisions outlined in Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

If a bailiff breaches any of the enforcement provisions outlined in Schedule 12, you have the option to petition the court to recover your goods or vehicle.

The Law:

Paragraph 66 of Schedule 12 of the 2007 Act states:

Remedies available to the debtor

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

(a)breaches a provision of this Schedule, or

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

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

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

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

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

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

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

(5)In the proceedings the court may—

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

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

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

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

(b)the creditor.

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

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

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

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

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

Template email: Notify both the bailiff company and the bailiff of the breach, detailing its nature, and provide them with a chance to return the vehicle.

Capture and save evidence by taking screenshots of the email and text message sent to the bailiff, indicating the time of sending, and present them as exhibits.