Bailiffs, Notice of Enforcement

If the bailiff removed goods or took money from you and did not give you a Notice of Enforcement (NOE) beforehand, it is likely that the address on the enforcement power—whether it be a Warrant, Writ, or Liability Order—does not reflect your current address, which renders the enforcement power 'defective'.

This is a specimen Notice of Enforcement

If the bailiff did not give you a Notice of Enforcement, then there is a likelihood that the address on the enforcement power, such as the Warrant, Writ or Liability Order, does not have your current address, making the enforcement power an instrument that is 'defective'.

You may be a victim of ANPR enforcement.

Regulation 6 of the Taking Control of Goods Regulations 2013 stipulates that a bailiff can only take control of goods or money after at least seven business days have passed since issuing the NOE.

Additionally, Regulation 9 prohibits a bailiff from taking control of goods or money more than 12 months after the NOE was issued.

If there is any doubt as to whether the bailiff gave you a NOE at your correct address, you should request that the bailiff complete and return a Form N215 Certificate of Service, which you can give to Royal Mail to investigate the delivery of the NOE.

Should the bailiff refuse to complete and return the Form N215 Certificate of Service, it strongly suggests they are aware that they did not give you the NOE to your address and know their enforcement is in breach of Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, exposing the creditor for whom the bailiff is acting to liability under Paragraph 66 of Schedule 12.

Alternatively, the bailiff may argue that the regulations only require them to keep a record of the time the Notice of Enforcement was given. Should this be the case, you would have a valid basis for a claim concerning the breach.

Present their justification as evidence, and allow the court to determine, based on the balance of evidence, whether the bailiff properly issued the Notice of Enforcement.

It is crucial to note that if the court determines the bailiff did not give a Notice of Enforcement, all fees and charges imposed by the bailiff will be invalidated under Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.