Bailiff failed to give a valuation

Before selling the debtors goods, the bailiff must give a written valuation.

The valuation can be by the bailiff himself, or be a professional valuation.

Bailiffs will give a self-valuation to suit their own agenda.

They OVER value a trade vehicle to be sure it is over the £1350 threshold that otherwise makes it exempt goods.

Getting a reliable valuation on vehicles is by getting multiple completed listings on eBay.

Search completed vehicle listings for the same make and condition as yours and capture at least three examples that have sold at auction in the last 30 days. These can be used to challenge a self-valuation.

The law says that a written valuation must be given and the debtor may bring an action for damages if the bailiff does not comply.

If there is no written valuation, or the valuation is wrong, the debtor can bring an action in the small claims court.

"Auctioneers Fees". Many bailiff companies sell vehicles on eBay and charge auctioneers fees. They are not "auctioneers", eBay is the auctioneer and the bailiff is merely the "vendor". eBay fees are published online, search for your car under "Completed Listings" on eBay.

If your car was sold on eBay and you were charged "auctioneers fees" greater than the published eBay fees, you can reclaim the money by having a detailed assessment hearing.

Auction costs are regulated under regulation 9 of the Taking Control of Goods (Fees) Regulations 2014 and the bailiff can recover 7.5% of the sum realised as a "sale or disposal" stage fee under the Schedule of Taking Control of Goods (Fees) Regulations 2014.

The Law:

Paragraph 36 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

Valuation

(1)Before the end of the minimum period, the enforcement agent must—

(a)make or obtain a valuation of the controlled goods in accordance with regulations;

(b)give the debtor, and separately any co-owner, an opportunity to obtain an independent valuation of the goods.

(2)In this paragraph "minimum period" means the period specified by regulations under—

(a)paragraph 49, in the case of securities;

(b)paragraph 39, in any other case.

Paragraph 39 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states:

(1)The sale must not be before the end of the minimum period except with the agreement of the debtor and any co-owner.

(2)Regulations must specify the minimum period.

Regulation 35 of the Taking Control of Goods Regulations 2013 states:

Valuation of controlled goods

(1) This regulation applies where an enforcement agent makes (paragraph (2)) or obtains (paragraph (3)) a valuation of controlled goods as required by paragraph 36(1) of Schedule 12.

(2) Where the enforcement agent makes the valuation—

(a)the valuation must be in writing, signed by the enforcement agent and set out—

(i)the enforcement agent’s name, the reference number or numbers and the date of the valuation; and

(ii)where appropriate, a separate value for each item of goods of which control has been taken; and

(b)the enforcement agent must provide a copy of the written valuation, once made, to the debtor and any co-owner.

(3) Where the enforcement agent obtains the valuation the enforcement agent must—

(a)only instruct a qualified, independent valuer;

(b)instruct the valuer to make a written valuation and, where appropriate, to value each item of goods separately; and

(c)provide a copy of the written valuation, once made by the valuer, to the debtor and any co-owner.

Regulation 37 of the Taking Control of Goods Regulations 2013 states:

Minimum period before sale

(1) Subject to paragraph (2), the minimum period before sale required by paragraph 39 of Schedule 12 is 7 clear days from removing controlled goods for sale.

(2) Sale may take place on the day after removing controlled goods for sale where, if the sale were to take place after the expiry of the period of time referred to in paragraph (1), the goods would become unsaleable, or their sale value would be extinguished or substantially reduced due to the nature or any characteristic of those goods.

Regulation 9 of the Taking Control of Goods (Fees) Regulations 2014 states:

Disbursements recoverable from the debtor in relation to sale of goods by auction or by private sale

(1) The enforcement agent may recover disbursements related to the sale of the goods from the debtor in accordance with this regulation and regulations 10 and 11.

(2) Where the sale is held on premises provided by the auctioneer conducting the sale, the enforcement agent may recover from the debtor—

(a)a sum in respect of the auctioneer’s commission not exceeding 15% of the sum realised by the sale of the goods;

(b)the auctioneer’s out of pocket expenses; and

(c)reasonable disbursements incurred in respect of advertising the sale.

(3) Where the sale is held on other premises in accordance with regulations made under paragraph 43 of Schedule 12, the enforcement agent may recover from the debtor the sums and disbursements referred to in paragraph (2), except that the sum referred to in paragraph (2)(a) may not exceed 7.5% of the sum realised by the sale of the goods.

(4) Where the goods are—

(a)auctioned by way of an internet auction site; or

(b)sold other than by auction,

the enforcement agent may recover from the debtor 7.5% of the sum realised by the sale of the goods.