Bailiffs and exempt goods
If bailiffs have removed or clamped a vehicle that is exempt, make a claim to exempt goods. The claim will stop any potential sale.
It's crucial to commence the claim within 7 days from the date of removal or clamping of the goods.
If the exempt goods have already been sold, a successful claim for exemption can enable the court to reverse the sale.
In bailiff terminology, this type of claim is referred to as a CPR 85 claim, which stands for Civil Procedure Rule 85, or simply a Part 85 claim.
The procedure consists of two stages:
Request the bailiff company to return the goods to you.
If your request is denied, seek recourse through the court..
Regulations specify which goods are exempt from enforcement.
The Law:
Paragraph 4 of Taking Control of Goods Regulations 2013 states:
4.—(1) Subject to paragraph (2) and to regulation 5, the following goods of the debtor are exempt goods—
Exclusions:
Paragraph 1(a) above does not apply to enforcement of:The majority of claims for exempt goods under CPR 85.8 pertain to vehicles used for work or trade purposes.
This includes trade vehicles such as vans or trucks, as well as vehicles used for business travel, such as mini-cabs and cars. However, it excludes vehicles used solely for commuting to a fixed place of work.As per the law, only vehicles valued at less than £1350 are considered exempt.
In a court ruling in 2017 involving Newlyn Plc, it was determined that the vehicle's auction value determines its worth. If your vehicle is sold for an amount lower than £1350, you have the option to file a claim for exempt goods and regain possession of the vehicle.
Procedure:
The Law:
Civil Procedure Rule 85.8 states:
(4) The enforcement agent or relevant enforcement officer must notify the debtor in writing within 3 days of receiving the notice in paragraph (3) whether the claim to exempt goods is admitted or disputed in whole or in part.
(5) A creditor who gives notice in accordance with paragraph (3) admitting a claim to controlled goods or to executed goods is not liable to the enforcement agent or officer for any fees and expenses incurred by the enforcement agent or officer after receipt of that notice by the enforcement agent or officer.
(6) If an enforcement agent or relevant enforcement officer receives a notice from a creditor and from any other claimant to the goods subject to enforcement under paragraph (3) admitting a claim to exempt goods the following applies—
Collect the following items as exhibits regarding the exempt vehicle:
Forward these documents via email to the creditor (counciil) and copt the bailiff company, using the subject line: "Notice of Claim to Exempt Goods".
In your email, provide the following details:
- Your full name
- Your address, with the notation: "This is my service address"
- Description of the goods, specifying the make, model, and registration
- The basis of your claim, such as explaining how the vehicle is utilised in your professional or business activities
Attach the supporting exhibits to the email, including the eBay listings, evidence of business use, and, if applicable, the insurance policy.
Take a screenshot of the email displaying the time of sending, as this will be required when submitting your claim for exempt goods in court.
The bailiff company is required to forward your notice to the creditor within 3 days. The creditor then has 7 days to respond to the bailiff company regarding the admission of your claim (acknowledging that your goods are exempt). Subsequently, the bailiff company has 3 days to inform you of the creditor's decision. This entire process takes 13 days.
If the creditor acknowledges your claim, you can retrieve your vehicle and initiate a claim for damages. For further information, refer to the guidelines on retrieving a vehicle from a compound.
Arrange for a solicitor to deliver the information to the bailiff company.
If the creditor is inclined to reject your claim, they will be aware that you are incurring expenses, which they will be responsible for if the court approves your claim.
If your claim to exempt goods is not admitted, make an application to court for a claim to exempt goods under CPR 85.8.
Procedure:
The Law:
Civil Procedure Rule 85.9 states::
(2) The debtor must make an application within 7 days of receiving the notice under rule 85.8(3) which must be supported by—
(6) The application notice will be referred to a Master or District Judge.
(7) On receipt of an application for a claim to exempt goods, the Master or District Judge may—