Does A Bailiff's Warrant Need A Wet-ink Signature?
A Warrant of Control or a Liability Order does not require a traditional "wet ink" signature. However, the bailiff's enforcement certificate must be duly signed by a judge and bear the official seal of the court.
You are entitled to inspect this certificate and make enquiries to verify its validity.
According to Paragraph 26 of Schedule 12 of the Tribunals, Courts, and Enforcement Act 2007, bailiffs must present evidence of their identity and their authority to act. The authority to act is always the enforcement power, whether it be a Warrant of Control, a Writ of Control, or a Liability Order.
The enforcement power document must accurately reflect the debtor's current address. If it does not, it is considered 'defective,' and the debtor is entitled to seek damages for any enforcement action carried out under such a defective instrument.
It is not uncommon for bailiffs to present false identification, including police-like warrant cards and badges.
Should a bailiff refuse to provide evidence of the enforcement power, it strongly indicates that they are aware of its defects, typically due to discrepancies in the address. The bailiff's refusal to show the enforcement power is often an attempt to prevent you from pursuing legal action for enforcement under a defective instrument.
If a bailiff is either unable or unwilling to produce evidence of their enforcement power or identity, you are within your rights to instruct them to leave the property. They are then legally obliged to leave quietly without delay.
Each type of debt is subject to specific regulations governing the use of bailiffs and the application of enforcement powers to recover the amount owed by taking control of the debtor's goods.
These are the types of enforcement powers under which a bailiff may take control of goods.
Council Tax and Business Rates NDR
Liability order. Regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992
Traffic Contravention Debts
Warrant of Control. Civil Procedure Rule 75.3
Magistrates' Court Fines
Warrant of Control. Section 76 of the Magistrates' Courts Act 1980
County Court Judgments
Where transferred up to the High Court to be enforced by a writ of control - Civil Procedure Rule 30
The bailiff’s authority to take control of goods is vested in his enforcement power, represented by his official enforcement certificate—this serves as his formal identity. The bailiff is obligated to present this documentation upon request.
Failure to do so constitutes a breach of Paragraph 26 of Schedule 12 of the Tribunals, Courts, and Enforcement Act 2007, rendering the bailiff’s actions unlawful.
Template: Issue a formal request to the bailiff, demanding that he provides evidence of his valid enforcement certificate, along with a copy of the enforcement power that applies to the address he attended.