Bailiffs And Exempt Goods

If bailiffs have taken or clamped exempt goods, you are entitled to claim these goods back and stop any sale. According to Paragraph 4 of the Taking Control of Goods Regulations 2013, certain items are clearly listed as exempt from enforcement.

An exempt vehicle is one used for your work with an auction value below £1,350. You can establish this value definitively by checking eBay listings for similar vehicles sold in the past 30 days and taking the average sale price.

If your vehicle's value is under £1,350, you can claim it as exempt and seek damages for any loss of use, such as lost earnings, along with your legal expenses.

It is crucial to start your claim within seven days of the bailiff removing your goods, providing evidence of your vehicle's use for work and its auction value.

The vehicle's value is always its auction value, following the 2017 court recommendation by solicitor Peter Felton Gerber (Felton's Law) in a case involving Newlyn Plc. The court determined that the value of controlled goods is their auction value.

If you miss the seven-day window to claim exempt goods, you can still claim under sections 3 and 4 of the Torts (Interference with Goods) Act 1977.

The enforcement action is unlawful if it breaches Paragraph 11(1)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which prohibits bailiffs from taking control of protected or exempt goods.

Additionally, you may recover damages, including lost earnings and the cost of a replacement vehicle to continue your trade or business.

If the vehicle is damaged or items are missing since the bailiff removed it, include these costs in your claim.

You need expert assistance because bailiff companies often try to have you complete forms that do not comply with Civil Procedure Rule 85.8 for claiming exempt goods, which can result in the court refusing your claim.