Bringing Court Action For Non-Compliant Bailiff Enforcement
Once you have identified the nature of the enforcement breach and confirmed that it is a breach for which you can initiate legal proceedings, you should direct your action against the creditor named on the Warrant of Control, Liability Order, or High Court Writ.
If the breach occurred under a High Court Writ, your action must be brought before the High Court, King's Bench Division, specifically in the registry that issued the Writ of Control.
For breaches involving a Warrant of Control or Liability Order, you should bring your action in a County Court, unless the claim exceeds £100,000, in which case the High Court has jurisdiction.
According to Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, a debtor can only seek a remedy for an enforcement breach against the enforcement agent and the creditor. For cases involving traffic contraventions or council tax, the creditor is typically the relevant council or authority.
In the landmark case of Burton v Ministry of Justice [2024] EWCA (Civ) 681, the Court of Appeal affirmed that creditors are liable for the actions of their bailiffs acting under their authority. Creditors may then recover any losses from the bailiff or their company through separate action.
However, bailiff companies often conceal the true service address of their enforcement agents, making it difficult to bring a direct action against them, leading to the substitution of the company as a defendant.
It is important to note that you cannot sue a bailiff company directly because, as a limited company, it does not qualify as an "Enforcement Agent" as prescribed in Section 63 of the Tribunals, Courts and Enforcement Act 2007. The Act defines an Enforcement Agent as an individual with a valid certificate.
If the enforcement relates to a High Court Writ, the debtor can seek damages for enforcement breaches from the High Court Enforcement Officer named on the Writ of Control. In Trevor Bone v Simon Williamson [2024] EWCA Civ 4, the Court of Appeal ruled that the High Court Enforcement Officer is liable for any breaches by bailiffs acting under their authority.
Before proceeding with legal action, it is crucial to first engage with the creditor. Clearly outline what the bailiff did wrong, why it was wrong, and the damages you have incurred, and provide a deadline for payment. If the creditor fails to respond or disputes your claim, you may then proceed to file the claim.
Bailiff companies sometimes attempt to substitute themselves as the defendant in place of the creditor, which is contrary to Paragraph 66.
Additionally, bailiff companies may try to 'represent' the creditor as solicitors, although the Solicitors Regulation Authority does not authorise this.
These companies often rely on standardised defences, such as claiming an "abuse of process," asserting that you "will be liable for their costs," arguing that your claim "does not plead a proper cause of action," or that the "Claimant lacks locus standi."
They may also provide a lengthy account of the debt's history, send a mock "costs application" or a statement of costs, insist you follow their complaints procedure, or send correspondence marked "without prejudice save as to costs," ultimately "inviting" you to withdraw your claim.
Collect all correspondence received and include it with your witness statement, allowing the court to review and take appropriate action.
Only withdraw your claim once the money owed is securely deposited into your account, as outlined in your Letter of Claim.
To strengthen your case, consider a telephone consultation to assess the specifics of your claim, identify the enforcement breaches, review the relevant legislation, and prepare your claim bundle and skeleton argument.
A skeleton argument is a concise document that summarises your main points and legal arguments, submitted in advance to assist the court in understanding your claim.
Tips for Attending Court: