Bailiffs and High Court Writs (HCEO).

Bailiff attended about a debt you KNEW NOTHING ABOUT

If bailiffs unexpectedly confront you, apply to stay the execution of the writ and set aside the judgment. This action halts the enforcement process and cancels all bailiff fees and charges. Prompt action is essential as the enforcement power remains active until stayed by the court. Subsequently, you can recover any money taken and pursue compensation for breaches of enforcement regulations.
  • Learn More

    • You want to DISPUTE the debt

    If you dispute the entirety or part of the judgment debt, apply to stay the writ of control and set aside or vary the original judgment. Should you demonstrate that you were unaware of the original judgment until after its date, particularly in cases of a default judgment and can provide evidence such as a change of address, an incorrect address on the judgment, or being away from the judgment address due to work commitments, you may request to suspend the writ of control and apply to set aside the original judgment. This action will also stop enforcement proceedings and cancel all the bailiff's fees and charges.
  • Learn More

    • You did not get a NOTICE OF ENFORCEMENT (NOE)

    The bailiff is required to provide a minimum of seven consecutive business days' notice before attending. If you have moved and the bailiff unexpectedly confronts you, or if the address listed on the writ of control is outdated, then the bailiff has failed to adhere to statutory notice requirements. Some bailiffs may neglect to give notice as they stand to benefit from increased fees. Additionally, legal regulations stipulate that bailiffs must document the time when notice was served to the debtor. Non-compliance with Schedule 12 enforcement procedures results in the forfeiture of all fees and charges. Pursue a detailed assessment hearing and reclaim the money taken.
  • Learn More

    • The bailiff REFUSED TO SHOW THE WRIT

    Bailiffs are obligated to present evidence of their authority to enter the premises to either the debtor or any individual in charge of the attended premises. The writ of control grants the authority to forcibly enter commercial premises, and if the bailiff fails to produce it, their actions are considered unlawful. Therefore, the bailiff can be lawfully removed from the premises without any offence of obstructing an enforcement agent being committed. Bailiffs may withhold showing the writ because they are aware of discrepancies in the address or defects in the writ.
  • Learn More

    • You want MORE TIME to pay the debt

    Apply to suspend the writ of control and vary the county court judgment to allow payment at a manageable rate. This action stops enforcement and nullifies the bailiff's fees and charges, given that you adhere to the terms of the variation order and make monthly payments by the specified dates outlined in the order. Avoid negotiating a repayment arrangement with a bailiff, as this could result in accruing additional fees and charges, potentially prolonging your debt repayment indefinitely.
  • Learn More

    • Your NAME or COMPANY NAME on the writ is WRONG

    Enforcement actions are only permissible against the debtor. If anyone feels wronged by enforcement actions taken against another person, they can file a THIRD-PARTY Claim to Controlled Goods and seek damages for breach of Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. This process also nullifies all associated bailiffs fees and charges, allowing the third party to make a claim and recover any money or goods taken.
  • Learn More

    • You are a VULNERABLE PERSON

    The guidelines outline the categories of vulnerable individuals. Bailiffs are prohibited from collecting enforcement stage fees and charges, including storage fees, unless they afford the debtor sufficient opportunity to seek advice before taking goods. Failure to adhere to this regulation allows the debtor to request a DETAILED ASSESSMENT and seek compensation for damages and expenses. Although bailiff companies may have a "welfare department," it is important to note that bailiffs lack the medical qualifications and access to benefit records necessary to determine vulnerability accurately.
  • Learn More

    • BLACKMAILED? Deploy "Pay & Reclaim"

    If a bailiff demands payment for an amount you do not owe, with the pain of removing your goods or vehicle, they are in breach of section 21 of the Theft Act 1968. Law enforcement authorities may categorise this offence as a civil matter, necessitating the use of the "Pay & Reclaim" approach. This involves initially conceding to the demand and subsequently reclaiming the wrongly taken amount through legal proceedings. In the event of a vehicle being taken by the bailiff, you can apply for its return. Ultimately, the bailiff frequently reimburses the unlawfully obtained money and covers the associated legal costs. With the implementation of the Pay & Reclaim procedure, bailiffs are unable to generate profit, rendering it commercially disadvantageous for the bailiff company.
  • Learn More

    • You were FORCED TO PAY someone else’s Debt

    It constitutes a breach for a bailiff to compel you to settle someone else's debt under the pain of removing your goods, irrespective of whether the debtor is a family member. This offence falls under sections 2 and 4 of the Fraud Act 2006. You have the option to report this breach to the police and pursue legal action to recover the unlawfully demanded money as well as your incurred expenses. Additionally, you can initiate legal proceedings against the bailiff company to reclaim your funds or seek a charge-back through your bank.
  • Learn More

    • The bailiff attended your PRIVATE ADDRESS about a COMPANY DEBT

    A director is not held accountable for company debts unless they have personally guaranteed them (personal guarantee). The company cannot be pursued at a director's residential address unless the writ of control specifically lists the director's private address. In such instances, the bailiff is only permitted to remove goods belonging to the company. If a bailiff unlawfully enters your home, steals jewellery from a bedroom, takes other small high-value items, or appropriates car keys, or disrupts the rooms by rifling through personal belongings such as underwear drawers, you have grounds for a claim. It is imperative to promptly report the theft of jewellery or household/car keys to both the police and your insurance provider, followed by initiating the claim process.
  • Learn More

    • You RECENTLY MOVED

    If you moved and court correspondence was directed to your previous address, resulting in the bailiff arriving unannounced after tracing your new location, the enforcement procedure must be reverted back to the Notice of Enforcement stage. Any money or goods taken during this period must be returned promptly. Initiate the process by applying to stay the writ of control and set aside the judgment. Typically, the creditor named on the writ of control bears the indemnity costs as it contravened regulations.
  • Learn More

    • You are living or working ABROAD

    Enforcement through taking control of goods is legally impossible if you are living abroad. According to the law, the bailiff is required to issue a Notice of Enforcement. If you are not present at your UK address, section 7 of the Interpretation Act 1978 states that unless evidence to the contrary is provided, the Notice is deemed to have been served or given via ordinary post.
  • Learn More

    • The bailiff's fees and charges are TOO HIGH

    Legislation governs the fees and charges imposed by bailiffs, yet they often inflate them in the expectation of evading scrutiny or exploiting the debtor's lack of familiarity with the regulations. You have the option to request a DETAILED ASSESSMENT hearing, during which the court will scrutinise the bailiff's fees and charges. In instances where the bailiff company breaches the statutory fee regulations, the Creditor is typically liable for indemnity costs.
  • Learn More

    • The bailiff charged the First and Second ENFORCEMENT STAGE FEE together

    Bailiffs frequently combine the fees for the first and second enforcement stages or present a document detailing all fees upfront. However, regulations stipulate separate charges for each attendance. If you can demonstrate that the bailiff attended only once and made a Controlled Goods Agreement, you can seek reimbursement of the second enforcement stage fee by applying for a DETAILED ASSESSMENT hearing.
  • Learn More

    • The bailiff charged a SALE STAGE FEE

    According to the law, the sale stage fee is only applicable when the bailiff has initiated the process of relocating controlled goods to a sale venue. The fee is not triggered when the bailiff mentions "calling a truck." The sale stage fee is only relevant after the bailiff has taken control of your goods using one of the four methods outlined in paragraph 13(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, and has commenced their transportation to the sale venue. You can seek reimbursement of this fee by applying for a DETAILED ASSESSMENT hearing.
  • Learn More

    • The bailiff charged you a CARD FEE

    According to fee regulations, bailiffs are only permitted to recover the specified fees and charges outlined in the Schedule of the Taking Control of Goods (Fees) Regulations 2014, as well as any disbursements incurred for removing and selling the debtor's goods. A card fee does not align with these regulations. If a bailiff imposes a card fee, you have the option to reclaim it through a "charge-back" through your banking app. In the event that the charge-back is unsuccessful, you can then apply for a DETAILED ASSESSMENT hearing to request the court to review the fees and charges. In such cases, the creditor typically bears indemnity costs due to the bailiff's breach of regulations.
  • Learn More

    • The bailiff charged VAT on his fees

    Bailiffs are typically individuals who are not registered for VAT. Since there is no contractual agreement between bailiff companies and debtors that would warrant VAT, the bailiff company cannot demand VAT payments from the debtor. If you, as a debtor, have been invoiced for VAT by a company, it is advisable to request a DETAILED ASSESSMENT of the enforcement agent's fees and charges and seek reimbursement of your costs.
  • Learn More

    • The bailiff REFUSED TO EXPLAIN HIS FEES and CHARGES

    Bailiffs frequently impose a fee for elucidating their fees and charges. However, legislation dictates that all fees and disbursements must be clearly outlined on the Notice of Enforcement. If they are not listed, you have the right to reclaim any fees that have been paid. You can initiate this process by applying for a DETAILED ASSESSMENT hearing, during which the court will scrutinise the bailiff's fees. In many cases, the creditor covers indemnity costs due to the bailiffs breach of the fee regulations.
  • Learn More

    • The bailiff is PESTERING YOU FOR HIS FEES

    Bailiffs are not authorised to remove or sell your goods once you have settled the debt, known as the "amount outstanding", owed to the claimant. According to the law, bailiffs are permitted to take control of goods to recuperate the debt and the expenses associated with removing and selling your belongings. The writ of control does not confer enforcement powers to recover "fees" after the debt has been settled. If the bailiff insists on taking money in such circumstances, it is advisable to apply for a DETAILED ASSESSMENT of the fees and charges.
  • Learn More

    • The bailiff used or threatened you with a LOCKSMITH

    There is no specific law permitting bailiffs to engage locksmiths or forcibly enter domestic property other than for executing an eviction order. The legal framework grants bailiffs the authority to "enter and search for goods to be taken into control." The term "locksmith" used by bailiffs refers to the right of "entry by reasonable force." However, this action necessitates separate court authority, which is seldom granted. Furthermore, obtaining such permission typically entails protracted court proceedings spanning several months, rendering it economically unfeasible for bailiff companies.
  • Learn More

    • The bailiff is calling about a debt by a HOUSEMATE or OTHER PERSON

    If the individual listed as the debtor on the writ of control does not reside at your address, the bailiff lacks the authority to remove goods. Bailiffs are only permitted to enter the debtor's residence or business premises where they reside or conduct business. If a bailiff threatens an occupant in such a scenario, it is advisable to contact the police immediately by dialling 999 to report a disturbance. A police officer will take a statement, contact the bailiff, and inform them that the debtor does not reside at the premises.
  • Learn More

    • The bailiff is recovering a judgment MORE THAN SIX YEARS OLD

    According to the law, debts that remain unpaid for over six years without the debtor acknowledging the debt are no longer enforceable. This six-year statutory period begins from either the date of the original judgment or from the debtor's last acknowledgment of the debt. Transferring a judgment to a writ does not extend this statutory period. If necessary, you can petition the High Court to issue a stay of execution of the writ of control.
  • Learn More

    • The bailiff attended LESS THAN 11 DAYS from the date printed on the Notice of Enforcement.

    The bailiff is required to adhere to the statutory time limit before attending. According to the law, the Notice is sent via second-class post, resulting in the debtor receiving it on the second weekday following its posting. If the bailiff hastily attends before this period elapses, the enforcement is deemed invalid, and you have grounds to pursue legal action for damages. This may include reclaiming removed goods or seeking compensation equivalent to their replacement cost.
  • Learn More

    • The bailiff took PHOTOGRAPHS of documents and valuables around the house.

    Unless a bailiff has established a Controlled Goods Agreement regarding the items depicted in the photographs, there is no justification for them to possess images of your documents and valuables. Such photographs could potentially be exploited by individuals to gain access to your bank details or to facilitate a future burglary, as they provide insight into the nature and location of your valuable possessions. It is imperative to report this incident to the police, inform your bank, and notify the data controller of the bailiff company, requesting confirmation of the destruction of the photographs.
  • Learn More

    • The original judgment is UNDER £600

    Regulations stipulate that judgment debts must exceed £600 for a creditor to transfer enforcement to the High Court. If the judgment amount is less than £600, regardless of any inflation adjustments made by the enforcement company, you have the option to apply to the High Court for a stay of the writ of control.
  • Learn More

    • Your vehicle is WHEEL-CLAMPED

    If a vehicle is clamped on a public highway, the bailiff may only remove it after two hours. It's crucial to take swift action, possibly resorting to a "Pay and Reclaim" approach. Document the vehicle's condition through video recording, repeating the process when control of the car is returned to you. This allows you to claim damages for any damage inflicted on the vehicle while it was under the bailiff's control. If the bailiff clamps your car on private property where you do not reside or conduct business, such as a private car park or a neighbour's designated parking spot, you can seek an INJUNCTION to order the bailiff to release the vehicle.
  • Learn More

    • The bailiff has TOWED YOUR VEHICLE away

    Contact TRACE at 0845 206 8602 and report the vehicle as stolen to the police. Even if the police classify it as a civil matter, it is essential to log the call onto the CAD (Computer Aided Dispatch) system. Additionally, notify the DVLA that the car has been taken without permission to safeguard yourself against any potential new traffic offences. If your car is subject to hire purchase, lease, or has a logbook loan secured on it, you can seek an INJUNCTION to retrieve the vehicle from the bailiffs. In many cases, the bailiff company is responsible for covering indemnity costs.
  • Learn More

    • The bailiff REMOVED an EXEMPT VEHICLE or EXEMPT GOODS

    The law outlines categories of goods that are exempt from enforcement. If a bailiff takes control of such goods, you have the right to file a claim to EXEMPT GOODS and recover them, even if the bailiff has already sold the vehicle. The court possesses the authority to reverse the sale. Additionally, you can seek reimbursement for the replacement cost of these goods and claim damages for unlawful deprivation under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 or Section 3 of the Torts (interference with Goods) Act 1977. If the bailiff has removed exempt goods, you can commence legal proceedings to address the matter.
  • Learn More

    • Bailiff towed away your vehicle but FAILED to give or leave an INVENTORY.

    The law permits bailiffs to remove goods, such as a vehicle, from the debtor's property, premises, or any public highway. However, the bailiff is obligated to provide the owner with a WRITTEN INVENTORY, which must adhere to specific legal requirements regarding its content and method of delivery or placement at the property or premises. In instances where the bailiff removes a vehicle upon identification through an ANPR camera, the debtor retains the right to apply to the court for an injunction mandating the bailiff to surrender the goods due to this breach.
  • Learn More

    • Your car is taken to a compound a LONG WAY AWAY

    According to the law, bailiffs are required to remove goods to a reasonable distance from their original location. You have the option to request that the bailiff return the car to a more convenient location for you, or you can ask them to cover the expenses of a vehicle transport company to handle the transportation on their behalf. In exceptional circumstances, you can apply to the court for an order directing the bailiff to bring the car within a reasonable distance from where it was removed. This action is pursuant to Regulation 19 of the Taking Control of Goods Regulations 2013, or alternatively, you can resort to the Pay and Reclaim method.
  • Learn More

    • The bailiff sold your vehicle, and you were NOT GIVEN A VALUATION

    According to the law, the debtor is entitled to receive a valuation of controlled goods before they are sold. These valuations can be conducted independently, or the bailiff may provide one arbitrarily, although the most reliable valuation is typically obtained through a written assessment by a dealer principal at a franchised dealership affiliated with the vehicle's manufacturer. Alternatively, quick valuations can be obtained by searching eBay completed (sold) listings for the same model and condition of the vehicle.
  • Learn More

    • The bailiff charged STORAGE FEES for keeping your vehicle

    The law allows bailiffs to recover regulated prescribed fees and charges. Although storage fees are not specifically prescribed, they are still subject to regulation. According to the law, these fees must be deemed "reasonable and actual cost" to be reclaimed from debtors. You can reclaim these fees after retrieving your car or opt to request a DETAILED ASSESSMENT hearing to scrutinise whether the storage fees accurately reflect the genuine costs of professional vehicle storage services.
  • Learn More

    • The bailiff REFUSED TO SHOW HIS ID

    A bailiff is required to present evidence of their identification to the debtor or any individual who seems to have authority over the premises being attended. If the bailiff declines to do so, their actions are deemed unlawful. It is within your rights to lawfully remove a bailiff from the premises or property without being charged with "obstructing an enforcement agent," although you may potentially face accusations of common assault. It is advisable to calmly and quietly approach the bailiff and escort them off the premises.
  • Learn More

    • The bailiff does not have an ENFORCEMENT CERTIFICATE

    Any individual, except a government employee, tasked with removing goods must possess an enforcement certificate; otherwise, they commit an offence under section 63(6) of the Tribunals Courts and Enforcement Act 2007. If such a situation arises, you have the option to report it to the police. However, if the police classify it as a civil matter, you should seek assistance from a specialist law firm that deals with police malpractice and corruption. These firms can also initiate private prosecutions against individual police officers and bailiffs.
  • Learn More

    • The debt is OVER 12 MONTHS OLD

    Prior to bailiffs attending, it is mandated by law that they provide the debtor with a statutory Notice of Enforcement. This notice remains valid for a period of 12 months from the date printed on it. After this time elapses, enforcement actions cannot commence. In such instances, the bailiff must issue a new Notice of Enforcement, provided the enforcement authority has not expired in the interim.
  • Learn More

    • The bailiff turned up BEFORE 6am or after 9pm

    If you observe bailiff activity at your property before 6am, it is imperative to contact the police immediately by dialing 999. The police will record the time of the call on the CAD (Computer Aided Dispatch) system, and police evidence typically serves as compelling proof when pursuing a claim. It is a common practice for bailiffs to operate during the night or in the darkness, often using an ANPR camera to find and then clamp cars before 6am and subsequently documenting their attendance at 06.05am. If you or your CCTV system detects enforcement activity before 6am, you have grounds to file a lawsuit for non-compliance with regulation 22 of the Taking Control of Goods Regulations 2013.
  • Learn More

    • The bailiff wrote on a document you paid VOLUNTARILY

    This situation arises when you settle another person's debt. When initiating a claim, you must provide an affidavit stating that the bailiff made the remark after ythe bailiff took the money and that the money were extracted under the threat of removing your goods. Ensure to securely retain the document as you will need to present it as evidence.
  • Learn More

    • The debt arises from a CONSUMER CREDIT AGREEMENT.

    According to the law, debts stemming from a consumer credit agreement can only be pursued in a county court. You have the option to request a detailed assessment to scrutiniae the bailiff's fees, with the bailiff company typically responsible for covering indemnity costs.
  • Learn More

    • The Controlled Goods Agreement is NOT COMPLIANT WITH REGULATIONS

    Controlled Goods Agreements are governed by regulations and are considered regulated contracts. If a Controlled Goods Agreement does not adhere to the stipulated regulations outlining its necessary contents, it is invalid. Typically, such agreements fail due to the bailiff's failure to list inventoried goods or accurately estimate their quantities. Additionally, Controlled Goods Agreements may also be invalidated if the listed goods do not belong to the debtor, or if the agreement is signed by someone other than the debtor without their explicit consent.
  • Learn More

    • The bailiff charged you INTEREST

    If the initial county court judgment does not include an interest provision, the bailiff is not entitled to recover interest. However, if interest is specified, it is subject to a legal rate of 8% for a maximum period of 6 years as simple interest. If the bailiff imposes interest without statutory or court authorisation, you have the right to reclaim the amount.
  • Learn More

    • A bailiff left a document HANGING OUT OF YOUR LETTER-BOX or communal doorway

    Thieves and individuals with malicious intent, disguising themselves as leaflet distributors, often leave documents protruding from letterboxes to assess whether a property is unoccupied. Typically, occupants would bring such documents inside upon returning home. Similarly, bailiffs employ a similar tactic by leaving red-printed documents to gauge if someone has returned home or to prompt a panicked response to the bailiff's mobile number listed on the document. This method is employed as a means of tracing debtors who have gone missing. Additionally, bailiffs use this strategy to levy a £235 enforcement stage fee.
  • Learn More

    • The enforcement agent said he is a "high court enforcement officer"

    An enforcement agent, also referred to as a "bailiff," is a prescribed "individual" according to section 63 of the Tribunals Courts and Enforcement Act 2007. Similarly, a High Court Enforcement Officer is categoried as an "individual" under regulation 6 of the High Court Enforcement Officers Regulations 2004. If a bailiff falsely claims to be a High Court Enforcement Officer, they commit an offence under section 2 of the Fraud Act 2006, constituting "fraud by false representation." Enforcement agents do not hold official positions and are prohibited from referring to themselves as "officers." They are instead "agents" authorised to undertake the task of taking control of goods. Bailiffs commonly use the title "High Court Enforcement Agent", which is misleading as they are authorised by County Courts. This designation appears to leverage the prestige associated with the expression "High Court," implying greater authority than they truly hold.
  • Learn More

    • The bailiff damaged your BUSINESS REPUTATION

    If a bailiff discloses your debt to third parties, you have the right to pursue legal action for damages. As an individual, you can makea claim against the bailiff company under Section 168 of the Data Protection Act 2018, enabling you to seek compensation for both material and non-material damages. However, if you are a company seeking redress for business defamation, it is advisable to seek assistance from legal experts to navigate the complexities of bringing such a claim.
  • Learn More

    • The Bailiff clamped MORE THAN ONE vehicle or goods valued much greater than the debt

    This situation could constitute an "excessive levy." If a bailiff clamps or removes both vehicles, even though the auction value of the less valuable vehicle would cover the debt, you have grounds to seek compensation for the excessive levy. Similarly, if the vehicles are clamped but not removed, you can claim damages for the unlawful deprivation of use of the vehicle with the higher value.
  • Learn More

    • You got NUISANCE TEXT MESSAGE from the bailiff

    Bailiff companies send text messages to reach out to mobile numbers they believe belong to the debtor. This approach serves as a means to trace missing debtors and ascertain if it elicits a panicked response, thereby confirming the recipient's identity and address. It's important never to engage with unsolicited or bothersome text messages. Even if the sender's identity is concealed, you can report such messages to the Information Commissioner's Office by completing an online form.
  • Learn More

    • The bailiff REFUSED TO EXPLAIN HIS FEES and CHARGES

    Bailiffs frequently charge a fee for elucidating their fees and charges. According to the law, bailiffs are obligated to elucidate all fees and expenses in the statutory Notice of Enforcement. Failure to do so renders the enforcement invalid, allowing you to pursue legal action for the recovery of the fees under Paragraph 66 of the Tribunals Courts and Enforcement Act 2007 for non-compliance with paragraph 7(1)(2) of the Schedule. It is crucial to include a reference to Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 in your statement of claim, as judges may overlook it otherwise. Additionally, you can request a DETAILED ASSESSMENT hearing, enabling the court to scrutinise the bailiff's fees. The creditor is invariably required to cover costs on an indemnity basis.
  • Learn More

    • The bailiff JAMMED HIS BOOT into your door to stop you closing it

    The law stipulates that a bailiff may gain entry to a property using "ordinary methods." However, if a bailiff resorts to forcefully jamming their boot into a door, this action constitutes the use of force against an individual. It is important to note that while the law permits the use of force in certain circumstances, this authority does not extend to the use of force against individuals.
  • Learn More

    • The bailiff was wearing a BODYCAM (Body-worn camera)

    If you are initiating a claim against a bailiff who wears a body camera, and the footage from the camera would support your claim, you are entitled to request a copy of it. If the bailiff declines your request, citing the Data Protection Act, proceed with your claim. In the event that the bailiff later relies on the footage as part of their defence, you can petition the court to strike out their defence statement. In doing so, the bailiff effectively undermines their own defence.
  • Learn More

    • The bailiff turned up with a TV FILM CREW

    You have the authority to prevent the broadcast of footage by revoking your consent for the use of your data and requesting its immediate erasure, as outlined in Section 47 of the Data Protection Act 2018 or Article 17 of the GDPR. This involves issuing a notice to the data controller of the film company or TV station, withdrawing your consent for data processing. If the data controller fails to provide written confirmation of ceasing data processing upon receiving your notice, you can file a complaint online with the Information Commissioner. Moreover, you have the option to pursue legal action against the TV production and broadcaster to claim both material and non-material damages, as well as any owed royalties, under section 168 of the Data Protection Act 2018 or Article 82 of the GDPR.
  • Learn More

    • The bailiff LOOKED LIKE POLICE

    If a bailiff wears clothing adorned with police-like insignia or carries items, such as a badge resembling those used by police officers, with the intention to deceive or impersonate a police officer, they commit an offence under Section 90 of the Police Act 1998. If you record such conduct on video, you have grounds to report the bailiff to the police.
  • Learn More

    • The bailiff CALLED THE POLICE

    If a bailiff claims to have contacted the police, you have the option to obtain the call details from the police CAD (Computer Aided Dispatch) system by contacting them on 101. This not only verifies whether the bailiff made the call, but also reveals the content of their communication with the police. Section 45 of the Data Protection Act 2018 ensures your entitlement to this information, provided that the police have not issued a crime number. It's worth noting that bailiffs may use this tactic to instil fear, suggesting police intervention. You can utilise police information in legal proceedings if a bailiff contradicts it in a defence witness statement.
  • Learn More

    • The bailiff, or police SNATCHED CAR KEYS, knocked a MOBILE PHONE out of your hand, or took control of an article or a vehicle being USED BY SOMEONE.

    According to the law, if an item in use is likely to cause a breach of the peace, it cannot be removed. This applies to any vehicle being operated by an individual. If a police officer accuses you of breaching the peace following the removal of an item from your possession, the officer may commit an offence under section 26 of the Criminal Justice and Courts Act 2015. In such cases, you have the right to pursue damages for the breach of Paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
  • Learn More

    • The bailiff committed a CRIME against you in the PRESENCE OF POLICE

    Police forces often categorise bailiff-related issues as a "civil matter" and assert their duty as "preventing a breach of the peace." However, this guidance is erroneous because the statutory duty of the police is focused on crime prevention. If a police officer observes a bailiff committing an offence and fails to take appropriate action, such as making an arrest, they could be held liable for negligence of duty or breach of public office. According to the law, the officer is obligated to arrest the suspect, and their failure to do so constitutes an offence under Section 26(5) of the Criminal Justice and Courts Act 2015. In such cases, you have the right to initiate a private prosecution.
  • Learn More

    • The police ARRESTED you or THREATENED TO ARREST you

    If the police charge you with an offence such as "obstructing an enforcement agent" under Paragraph 68 of Schedule 12 of the Tribunals Courts Act 2007, but the enforcement agent was not acting within the bounds of the law, then you are not guilty of the offence. Similarly, if you face charges for "interfering with controlled goods" and the bailiff did not lawfully take control of them, you are not liable for the offence. It is imperative to seek legal representation promptly in such situations. If a police officer threatens you with arrest for an offence you did not commit, you have the right to lodge a complaint against the officer with the police Professional Standards department for misuse of police authority. Furthermore, if you were arrested and subsequently released without being charged, you have grounds to pursue legal action for false arrest and unlawful imprisonment.
  • Learn More

    • You or a member of your staff were INJURED OR ASSAULTED BY THE BAILIFF

    It is vital to seek medical assistance immediately. Dial 999 to ensure the call is logged with the time, and consider making a recording. Time sensitivity is paramount at this juncture as it enables you to initiate a Personal Injury Claim. Securing medical evidence is pivotal for substantiating your claim. The potential targets for your claim include the creditor, the bailiff, the bailiff company, or all of them collectively. The bailiff company typically carries liability insurance to cover your claim and provide compensation. Depending on the severity of your injuries, you may also opt to file a complaint with the police for offences such as common assault or Actual Bodily Harm (ABH). It's possible that the police may classify the offence as a "civil matter."
  • Learn More

    • The bailiff DAMAGED your property or vehicle

    When a bailiff takes control of goods or a vehicle, legal responsibility for their safekeeping shifts to the bailiff. Should your possessions sustain damage during this period, or if they are returned in a damaged condition, you are entitled to seek damages for repair costs or replacement expenses. It is imperative to possess indisputable evidence demonstrating that the damage occurred while the items were under the bailiff's control. Recording a video of the bailiff's interaction with your belongings or vehicle is highly recommended. Such footage serves as compelling evidence, particularly if it confirms the absence of damage to your possessions at the time the bailiff took control. In the absence of evidence to the contrary, the bailiff would have no valid defence against your claim.
  • Learn More

    • You want to make a FORMAL COMPLAINT about the bailiff

    Bailiffs often direct individuals to lodge complaints with their own company or trade association. However, this approach is often futile as these associations typically align with the interests of bailiff firms. They may respond with superficial gestures and prolonged correspondence, ultimately leading to frustration and resignation on your part. While there exists an official avenue for complaints against bailiffs, it is primarily focused on questioning the bailiff’s fitness to hold a certificate. Unless clear evidence demonstrates the bailiff's unsuitability, such as undisclosed criminal convictions, involvement in fraudulent activities, or inadequate understanding of enforcement regulations, this route may prove ineffective. Instead, pursuing a claim for damages offers a more impactful course of action, hitting the bailiff where it hurts most – their pocket!
  • Learn More

    • You want to PROSECUTE the bailiff

    Any individual has the right to initiate a private prosecution, but it necessitates gathering evidence, drafting a witness statement, and affording the police the chance to conduct an investigation and interrogate the accused. In cases where police dismisses the crime as a civil matter, a specialised law firm can pursue both criminal and civil actions against corrupt police officers and bailiffs.
  • Learn More

    • The police has CHARGED you with an offence

    If you are innocent of the alleged offence, you have grounds to file a claim against the police force for wrongful imprisonment, false arrest, and potentially malicious prosecution. If the arresting officer detained you with the intent to cause inconvenience or assist a bailiff in causing or exposing you to unlawful harm, you can take legal action against the police force. Additionally, you can request the Crown Prosecution Service to drop the case against you on the basis of insufficient evidence for conviction. Seeking professional assistance is essential in constructing a case against a police force.
  • Learn More