Making A Third-Party Claim To Controlled Goods
If bailiffs have taken control of or clamped your vehicle (goods) or taken money for someone else's debt, you are entitled to reclaim these goods or money and prevent any sale.
Under Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, bailiffs are only permitted to take control of goods that belong to the debtor.
According to Civil Procedure Rule 85.4, you must initiate your claim within seven days of the bailiff taking control of your goods.
If you miss this seven-day window, you can still make a claim under sections 3 and 4 of the Torts (Interference with Goods) Act 1977.
The enforcement action amounts to 'unlawful interference' when it breaches Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, which prohibits bailiffs from taking control of goods not owned by the debtor.
Moreover, you may recover damages, including lost earnings and the cost of a replacement vehicle necessary for your trade or business.
Expert assistance is crucial, as bailiff companies often attempt to have you complete forms that do not comply with Civil Procedure Rule 85.4, potentially leading to the court rejecting your claim. They strictly enforce adherence to the rules requiring claimants to deposit money into court equivalent to the value of the goods.
If a bailiff company demands that you bring money into court equal to the value of the goods you are claiming, you may either apply for an exemption or make your claim under the Torts (Interference with Goods) Act 1977.
Peter Felton Gerber of Felton's Law, who represents bailiff companies, often argues that claimants cannot make a claim under the 1977 Torts Act. However, this assertion has been repeatedly disproven.
To support your claim, gather the following:
Template: Notice Of Claim To Controlled Goods
The bailiff and creditor have ten days to consider your claim. If they accept it, you may claim for the wrongful deprivation of your goods.
If the vehicle is damaged or items are missing since the bailiff removed it, include these costs in your claim.
If the bailiff refuses your claim, you may file a claim at your local county court to recover your vehicle and seek compensation for damages and legal expenses.
You need expert assistance because bailiff companies often try to have you complete forms that do not comply with Civil Procedure Rule 85.4 for making a claim to controlled goods, which can result in the court refusing your claim.