Bailiff wrote "Paid Voluntarily" on a document

Bailiffs write "Paid Voluntarily" on a document after being given a money transfer. It prevents an action to recover that money. The court only orders money to be returned that was taken under duress, or under the pain of having their goods removed.

This usually happens then the person forced to give money is not the debtor, or the warrant or writ has somebody else's name on it.


The Law:

Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007:

An enforcement agent may take control of goods only if they are goods of the debtor.


Remedy is available with a chargeback

Or start a claim in the small claims court. In your witness statement, you must gather evidence you are not the debtor, and make a witness statement the bailiff wrote on the document after you were forced to make over the money transfer. If the bailiff took control of your goods, or Threatened to, this must be made clear in your statement.

If you bring a claim, you must:

Give evidence you are not the debtor named on the enforcement power

Make a witness statement stating the bailiff took control of your goods, or threatened to

If the bailiff took control of your goods, give any documentation given by the bailiff

Give in evidence the document the bailiff as written "Paid Voluntarily"

Collate bank statements showing the sum amount and date of transfer

Get Witness Statement from anyone else present

The bailiff action is an offence under section 2 of the Fraud Act 2006 because the representation the money was given voluntarily is a false. It can be reported to police. Having a crime number, or a conviction makes it easier to claim back the money.

The Law:

Section 2 of the Fraud Act 2006 states:

Fraud by false representation

(1)A person is in breach of this section if he—

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

(i)to make a gain for himself or another, or

(ii)to cause loss to another or to expose another to a risk of loss

(2)A representation is false if—

(a)it is untrue or misleading, and

(b)the person making it knows that it is, or might be, untrue or misleading.

(3)"Representation" means any representation as to fact or law, including a representation as to the state of mind of—
(a)the person making the representation, or

(b)any other person.

(4)A representation may be express or implied.

(5)For the purposes of this section a representation may be regarded as made if it (or anything implying it) is submitted in any form to any system or device designed to receive, convey or respond to communications (with or without human intervention).