Your Questions about bailiffs

What are bailiffs not allowed to take?

Exempt goods and anything not belonging to the debtor. Items necessary in your employment, education or business to a maximum allowance of £1350 combined value. Items necessary to the basic needs of the debtor and his family, such as a chair, bed, bed linen, washing and cooking equipment, non-movable items, heating, telephone. Here is the definitive list of exempt goods prescribed by law and how to apply to the court to recover exempt goods from bailiffs.

Can bailiffs remove goods in your absence?

Yes. Provided the debtor has been given a Notice of Enforcement. Bailiffs cannot Break and Enter using a locksmith to a domestic property unless the money is owed to HMRC after certain strict conditions are met. Here is how to secure your home from bailiffs.

Can a bailiff enter my house?

Yes, provided he does not use force, or apply force to a door or a person. Bailiffs can enter an unlocked door. Bailiffs cannot enter a locked door. Bailiffs can enter a door with the key in the lock by turning the key. Bailiffs cannot enter a locked door if he finds the key under the mat.

Can bailiffs take my belongings for someone else debt?

No. The law says the bailiff may only take goods belonging to the debtor. An owner of goods taken can make an third party claim.

Can bailiffs take my car if its not in my name?

Yes. The vehicle registered keeper is not the owner. Bailiffs may only take the debtor's goods. Presently, the DVLA do not record the name of the owner of a vehicle, only the name of the person responsible for its use on the road. Unlike Europe and the United States, vehicles in the UK do not have a "title document". The owner of the car taken can make an third party claim.

Can bailiffs take my car if its on finance or hire purchase or PCP?

No. The hirer does not own the car until the final payment has been made. Bailiffs may only take goods belonging to the debtor. If your finance car is clamped by bailiffs, you can apply to the court for an injunction.

What time can bailiffs come to your house?

The law says bailiffs can take control of the debtors goods between 6am and 9pm on any day of the week, except public holidays. Enforcement regulations have a provision for bailiffs to apply to a court for permission to take enforcement action outside these hours if he can show good reason, but this is rarely Exercised.

How much do bailiffs earn?

£90 for each case they achieve "payment in full" ( or 'PIF' in bailiff-speak) based on the statutory £310 staged fees recovering traffic debts, council tax and court fines. Official records show that less than 30% of cases instructed to bailiffs result in PIF. A court fines and traffic debts bailiffs attends about 60 cases a month on a good month, so if he achieves PIF on 30% of them making £90 a case, he earns £1620 before tax a month. This is an optimistic month because of the number of cases the bailiff receives, and he must achieve a 30% success rate. A council tax bailiff earns much less, closer to £1200 a month. A bailiff working in High Court Enforcement will have fewer cases spread out all over England and Wales giving high travel costs, but earn higher income per case due to the fee structure, but the commercial risks are astronomical. Out of thirty successful cases completed, a bailiff only needs one case to "go legal" and he stands to lose all that income due to high costs of litigation and his defence legal fees. Court fines recovery is the lowest class of debtor a bailiff will encounter, they are drug dealers, violent or in prison. High Court writs are the easiest debtors because they are middle class and generally non-violent and are able to pay, but writs have the highest litigation risk of all the debt streams.

Can bailiffs take my children's TV?

No. The law says the bailiff may not take control of goods of a debt who is "not a child". The law further states the bailiff may only enter if the debtor is "not a child". Paragraph 23(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can bailiffs take my TV?

Yes. But in reality, bailiffs are not interested in taking household nik-naks because they have no material value. The concept of taking a debtors goods pre-date Victorian times when household furniture had a monetary value. Today, government websites and other government funded "debt-charity" websites and state-sponsored advice guides work to an agenda which plays on the prospect of a "forced entry" to instill fear on debtors to pay up or face the prospect of being confronted by a complete stranger threatening to ransack their home. The reality is that household TV's have little or no auction value, and by unplugging them and moving them to the middle of the living room, is only to coerce payment, even if the victim is not the debtor.

Do police help bailiffs?

Yes. only if the bailiff is executing a warrant of possession evicting squatters. Not if the bailiff is executing an order to recover a sum of money. Police officially say they are there to "prevent a breach of the peace", but if the bailiff commits a crime, the police say it is a civil matter. You can still bring an action against the police for breach of statutory duty which is crime prevention apprehending suspects and reporting them to the Crown Prosecution Service. Bailiffs are classroom-trained to call police if difficult circumstances are encountered, and trained to appear to debtors the bailiff are pally with the police. Some bailiffs offer a police officer a masonic handshake to make it appear to the attending officers the bailiff is a fellow Freemason. Freemasonry is common among male police officers for attract favourable treatment from their superiors in particular, promotion through the ranks.

Can bailiffs force entry for council tax debt?

No. Council tax is enforced with a Liability Order which only confers a power to take control of goods and sell them to pay the debt. It does not confer a power to enter property unless he is allowed in by the occupant.

Why do bailiffs leave a red final notice in the communal doorway?

When a bailiff is not sure where the debtor lives, he searches online and goes to addresses he thinks the debtor is living and leaves a "final notice" addressed to the debtor. It is to see if anyone, such as a neighbour or a room-mate calls the bailiffs number on the notice and gives the debtors whereabouts. It is a form of Phishing. If your front door does not have a letterbox and the document is a statutory Notice of Enforcement, then the bailiff is excused because Under section 8.1(d) of the Taking Control of Goods Regulations 2013, it provides where there is no letterbox, by affixing the notice at or in a place where it is likely to come to the attention of the debtor. If your door has a letterbox and the discarded document is not a statutory Notice of Enforcement, then take photographs of it and the location the document was left, and open a concern with the Information Commissioners Office, and cite Case reference RFA0793897 and attach a copy of the discarded document showing your data.

Can bailiffs take pets?

No. The law classes "domestic pets" as "exempt goods" under regulation 4(1)(c) of the Taking Control of Goods Regulations 2013. Bailiffs can take control of commercial livestock but regulations on their care are very strict.

Can a bailiff arrest me?

No. Bailiffs companies collecting unpaid court fines like to use police-like terminology and words like arrest warrants sound more threatening to debtors than a no bail warrant. Bailiffs are enforcement agents, and have no powers of arrest, and neither do police community support officers (PCSO). Only constable can make an arrest under a warrant or when he believes a crime may be committed or has been committed. A bailiff does not have authority to arrest, detain or transport prisoners. When a bailiff says he as an "arrest warrant" he has a no bail warrant which does not carry a power of arrest. In 2014, a bailiff company tried arresting debtors in a trial scheme, but a bailiff trying to arrest a debtor was bopped, and the debtor was later cleared of wrongdoing because he acted in lawful self-defence.

Can a bailiff refuse a payment plan?

Yes. Bailiffs have no statutory obligation to agree a repayment plan or set up a Controlled Goods Agreement. The option is discretionary and provided with a list of other options open to bailiffs under Provision 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. Guidelines provide for a repayment plan if the bailiff knows he is otherwise unable to take control of goods or gain entry to the debtors property. It is usually the last option because it involves the most amount of work for the bailiff which he does not receive any extra remuneration.

I'm about to go bankrupt, and I have bailiffs making demands.

When you are made bankrupt while having bailiff action taken against you, the Official Receiver (OR) will send you a PIQB form, a Preliminary Information Questionnaire for Bankrutpcy to complete. You must add all debts being enforced by bailiffs and they will be managed by the OR and stop bailiffs from contacting you. Those debts will most probably be written off. Bailiffs cannot take control of your goods, and any goods already taken but not yet sold, will have to be ceded to the OR as they now under the administration of the trustee in bankruptcy.

Can an Individual Voluntary Arrangement (IVA) stop bailiffs?

Yes, but with the exception of unpaid court fines, student loans and child support. All other debts, such as parking tickets, council tax, and high court writs can be paid off using an IVA and the practitioner will contact the bailiffs to stop the action.

Does a Debt Relief Order (DRO) stop bailiffs?

Yes, but only when the DRO has been made by the official receiver, which can take around six weeks. Until then, you must protect your home from bailiffs. A DRO does not stop the enforcement of court fines, child support and student loans. If you do not have assets to seize then you cannot pay them and there is no legislation enabling the creditor to write them off, so they may lapse under the Limitation Act 1978.

How long before a debt is written off?

Six years under section 9 of the Limitation Act 1980, but after bailiffs have tried to recover the debt without success, spending more money on enforcement is untenable so the debt remains a "bad debt" or a "toxic debt" because the cost of enforcement exceeds the value of the debt itself.

What debts can bailiffs collect?

Council tax. Business Rates, Traffic debts, Magistrates' Court fines, county court judgments, Child Support, High Court writs, unpaid commercial rent, unpaid domestic rent, taxes owed to HMRC.

Do bailiffs need a signed warrant with a "wet-ink" signature?

No. The enforcement power, whether it is a liability order, a warrant of control or a High Court writ, does not need to be signed with a wet-ink signature of a judge. The bailiffs enforcement certificate which carries his photo ID is wet-ink signed by a Circuit Judge and bailiffs must carry it when he is working and must show it on demand of the debtor or any person in authority of the property being attended. Paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can a bailiff take my belongings if I am abroad?

No. Bailiffs can only operate in England and Wales. The law further states the debtor must be given a Notice of Enforcement and if that notice was posted to your UK address while you are abroad, then the law says the notice has not been given or "served" because evidence that you are abroad is grounds that you have not been given that notice. Section 7 of the Interpretation Act 1978.

Can bailiffs take my sofa?

Yes, but selling it is near impossible. A sofa without the fire safety labels cannot be re-sold commercially. Sections 10 to 15 of the Furniture and Furnishings (Fire) (Safety) Regulations 1988 (as amended in 1989 and 1993) and have no commercial value to bailiffs. Charity shops do not want them, even for free, for of the cost of moving them.

Can a bailiff climb through an open window?

No. The law says bailiff may only enter through "usual means by which entry is gained". If a bailiff climbs through an open window to enter a property then enforcement fails because it is in breach of regulation 20 of the Taking Control of Goods Regulations 2013.

Can bailiffs enter your house when you are not there?

Yes, only if you leave the door unlocked, or the key in the lock. Here are some tips about protecting your home from bailiffs.

Are bailiffs immune from criminal liability?

No, but in the alternate reality yes. Police institutionally resist complaints of crime committed by bailiffs. Some police officers even place bailiffs in a class above the law A civil matter. The constable commits an offence under Section 26 of the Criminal Justice and Courts Act 2015, but the CPS resist complaints of bailiffs or police committing offences. This has created a disproportionately high level of tolerance of lawlessness among police and bailiffs under a belief a person who is a debtor is not entitled to court justice and will be prejudiced even when the debt is not genuine.

Can bailiffs do an attachment of earnings?

No. Bailiffs authority only extends to taking control of goods to pay a debt. Bailiffs have no power to apply to the court to make an attachment of earnings or benefits. Only the creditor can make the application, but since bailiffs have been instructed, this indicates an attachment of income has been unsuccessful because there is no income from employment or benefits on government records for the debtor. There are occasions bailiffs pretend to have a power to apply for an attachment of earnings, but there is no legal basis for it.

Can bailiffs (or police) object to being filmed?

No. If a bailiff is offended by being filmed, he is free to leave the property at any time. Bailiffs are camera-shy but they wear body-worn cameras so he is filming as well making no excuse. You may use the video evidence in a claim, or upload them to YouTube to educate others about the behaviour of bailiffs.

Are bailiffs allowed to take photographs of my stuff?

No. Regulations do not provide for bailiffs to photographs debtors valuables and documents. When a bailiff has recorded your valuables and where you keep them, the photographs can be used to burgle your home or compromise your bank accounts. Since police say bailiff crime is a civil matter, you must take extra precautions. Report it to police on the non-emergency 101 number, tell your bank and issue the bailiff company a "data subject notice" under section 10 of the Data Protection Act 1988.

Why do bailiffs never turn up when they threaten to?

They say they will turn up at 6am Friday. It is in the bailiff's training handbook. It is to focus the debtors mind to get the money together and pay it over the phone and avoid the mental trauma of an impending bailiffs visit. Bailiffs never turn up when they say they will, in fact you can be guaranteed that is the only time they will not be there. It is because bailiffs don't like being ambushed by TV crews making documentaries on rogue bailiffs, or being an unwilling participant on a TV prank show, making them very camera-shy. They don't like ending up on YouTube.

Do bailiffs always leave a letter?

No. But only when its suits the bailiff. When a bailiff has made a controlled goods agreement or taken control of a vehicle on a highway, the notice must be in a sealed envelope addressed to the debtor and delivered to the address on the warrant. Regulation 15(5)(b) of the Taking Control of Goods Regulations 2015. There is no statutory requirement for bailiffs to leave a document informing the householder of his visit. When a document is left at a property, it is usually a so-called Hit & Run, or a Phishing document.

What is the different between debt collector and bailiffs?

Debt collectors have no enforcement power to take control of goods or enter property. The most they can to is ask for the money while at the doorstep with a pretty-please with a cherry on the top. Debt collectors must leave the property as soon as they are told. Bailiffs, provided the warrant has the enforcement address on it, is allowed to remain at the property, but he has nothing to gain by doing so if entry has been denied by the occupant.

Why do bailiffs wear a Masonic Lapel Pin when giving evidence in court?

Bailiff companies give bailiffs a comprehensive training manual of which a entire chapter is dedicated to training bailiffs on attending court. This includes everything from body-language, posturing, etiquette and court procedures. Much of it comes straight out of Police training material for new officers. One section does not, and it recommends bailiffs to wear a Masonic Lapel Pin. Male judges and magistrates are lawyers, (except non-stipendiary magistrates) as many male police officers are members of a Masonic Lodge. They identify by their handshake, but in court environments, they identify themselves to judges and magistrates to be a “Brother” by wearing a Masonic Lapel Pin - even if the bailiff is not a member of a Lodge. This is a secret way to garner favour with the court and police officers with no one else knowing.

Can a bailiff put his foot in the door?

No. The law says that force against people is not allowed and a bailiff applying force against the door with his foot is applying force against a person behind the door. The remedy is to keep someone at the door to ensure the bailiff does not enter, or call a friend to come round, take the bailiff by the hips and pull him rearward so his foot come out of the door.

A bailiff company document says pay the debt through its website - is this safe?

No. The law on how fees are apportioned state that money given to bailiffs in settlement of a debt is different to how bailiffs actually apportion it. The law says all money paid belongs to the creditor and their fees always taken last. Instead bailiff companies treat the money as "proceeds of enforcement" and deduct their fees out of all money paid meaning the money paid into a bailiffs website will not always reach the creditor. Fee fraud is rife because of the police have an institutional belief that bailiff crime is a civil matter which allows bailiff companies to appropriate money with impunity. Therefore the advice is never sign-in to a bailiff company's website. Another concern is you are giving a bailiff company access to your bank cards, and there is nothing stopping them over-debiting your card to take out extra fees.

Why do bailiffs wear black body armour?

To make them look hard and intimidating giving the appearance of menacing bovver boys. They have no head protection leaving them vulnerable to get bopped if get on the receiving end of violence. A body-suit is of little help in these circumstances, so the apparel is cosmetic. If a bailiff is wearing police-like markings, then he commits an offence under section 90 of the Police Act 1996

Why do people put glue into the padlock of a wheel clamp?

They are YouTube pranksters filming a bailiff cutting off his own clamp because he cannot release it using the key. YouTube is a multi-billion dollar industry with some You-Tubers becoming celebrities in their own right, money is made from advertising revenue and a prank-video channel attract a lot of subscribers especially if the video becomes viral.

Why do bailiff companies answer a complaint with a written chronicle of the history of the debt?

To make you give up your complaint. Giving a scripted copy-paste chronicle of the history of the debt is to puff up their response letter into many pages and wriggle out of answering your concerns. In many cases, the letter is written with vitriol, or in an angry manner of tone. Always exhibit the chronicle together with your original complaint when you bring the action at court.

Can bailiffs take my mobile phone and laptop?

No. Electronic devices contain personal data, intellectual property and banking details including passwords which are not tangible and cannot be sold. The risk to bailiffs is anyone can raid victims bank accounts using the data stored on the hardware and the bailiff would be liable for it all. If the data is destroyed, then the bailiff would attract further liability for loss to business resulting from that loss. Apart from all that, the bailiff can legally take control of the empty hardware.

Why is the bailiff sitting outside the house in his van for hours at a time?

He has no work. Like a taxi driver, he is simply waiting for his next job and it is not worth spending diesel driving nowhere.

What is the official complaints procedure for bailiffs?

Making a Form EAC2 complaint , or if anyone wants to make a claim, then make a claim in the small claims court. Bailiff companies on their documents and in communication with debtors promote their own complaints procedures and make complaints to themselves or another company, but time again, they have proven to be ineffective and designed to absorb a lot of the complainants energy by running them down with endless excuses in an effort to pressure the complainant to give up their complaint.

Why do bailiffs laugh and poke fun at debtors that claim to be suicidal?

Bailiffs are classroom-trained how to determine whether a suicidal debtor is genuine and it is also in their company handbook and training manual. Bailiffs ask the question "how do you intend to kill yourself?". If the debtor stumbles the question, the bailiff knows the debtor is bluffing. Victims contemplating suicide will have planned a method, and if asked, they answer without spending time having to think about it. They will say something like "It involves a 200-ton train, some railway tracks and its over in a nano-second", the bailiff knows the victim is deadly serious.

What are bailiffs allowed to charge?

For non-High Court debts, its £75 when the bailiff is instructed, £235 to attend, and if goods are taken into control and the bailiff has started to move them to be sold, this attracts a further charge of £110. There is an official disputes procedure if anyone wishes to question the fees charged.

Can I give my stuff and my car away to stop bailiffs getting them?

No. The law says "the property in the debtors goods become bound" when the enforcement power is issued by the court, paragraph 5 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. The bailiff has no way of know what goods are yours, so you may well get away with disposing of your stuff, but if the debt is a traffic debt, the bailiff will see the registration on the warrant of control meaning if you sell the car after the date of her warrant, the court has a power to undo the sale. You are better off making it unavailable. Unlike a bankruptcy, debtors are under no obligation to disclose their assets to bailiffs or give their whereabouts.

Does bailiff action affect my credit rating?

No. Court fines, traffic debts and council tax are neither forms of credit or recorded with credit agencies. However, 5% of bailiff action is the enforcement of judgments obtained against you personally, and not against a Ltd company.

Can a bailiff send me to prison?

No. Bailiffs only have an enforcement power to take control of a debtors goods to be sold to pay a debt. The only power for a debtor to be committed to prison is for the non-payment of council tax, and bailiffs widely threatens this to compel debtors to pay up. Bailiffs do not have a right of audience to apply to a magistrate to commit a debtor to prison.

Can bailiffs take laptops or other equipment containing personal data and software licenses?

No. The law says bailiffs may only take control of goods that belong to the debtor, paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. Personal data and banking credentials as well as software licenses including video games are non-transferable because they remain the property of the software manufacturer or licensee. The debtor can make a claim for damages for the replacement cost of the licensed software, and any money taken from bank accounts on the device, or the debtor may apply for an injunction to recover the equipment containing the licensed software or bank accounts.

Can bailiffs climb over a wall or locked gates?

No. The law says bailiffs may only enter property (premises) by "any usual means by which entry is gained to the premises". Regulation 20 of the Taking Control of Goods Regulations 2013. They can enter through a garage provided they do not break entry.

If the key is in the lock, can a bailiff open a door by turning the key?

Yes. The historic case of Ryan v Shilcock [1851] 7 Exch 72 the judge ruled that if a key is in the lock, the bailiff may gain entry using the key.

If bailiff finds the key under the mat, can the bailiff open the door using the key?

No. The case of Welsh v Krakovsky [1919] the judge ruled if the key is found but is not in the lock, entry would be unlawful.

If bailiff contacts my landlord and gets the key to my property, can the bailiff lawfully enter the property using the key?

No. The case of Miller v Curry [1893] the judge ruled The use of a landlord's key to gain entry is unlawful.

Can a bailiff enter locked garage?

No. The garage is part of the dwelling and there are no powers to break open a locked garage. If the garage is a Commercial premises, then the bailiff has a power to enter.

Can a trainee bailiff take control of goods?

No. Any person instructed to take control of goods must have an enforcement certificate under section 64 of the Tribunals Courts and Enforcement Act 2007, hence a "Certificated enforcement agent" or "certificated bailiff". Any person who is in the physical presence and working under the instruction of a certificated person may take control of goods.

Can I bring proceedings against a bailiff for common assault or ABH?

Yes. But you must report the offence in writing, which can include email, to the police first. You must make it clear to the police that provision 24(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 was amended by the Crime and Courts Act 2013 that prohibited bailiffs from using any kind of force against people, which removed all immunity from criminal liability. If the police fob you off with excuses then you can make a complaint to be laid before a Justice of the Peace sitting at a Magistrates' Court for the question of reporting the suspect for the offence. Before a Justice of the Peace can consider the information, permission from the Director of Public Prosecutions must be sought.

A bailiff company offers an App for my device.

If is not safe to download an App from a company you do not trust. By downloading and signing into an App, you give consent for your personal data held by Google or your App Store account, including your bank details and personal whereabouts in real-time. By using a bailiff company's App, your device location is available to the bailiff company in real time through Location Services. If you were defrauded, you have no recourse with the police because they believe bailiff crime is a civil matter. Making an App is easy and cheap, it merely replaces the function of a website, but unlike websites, an App has access to all your devices and can share your information with other bailiff companies and use it for their own gain.

Does peaceful entry to an an outbuilding grant access to the rest of the house?

No. Since 2014, there is no legal provision for bailiffs to break entry to any domestic premises unless the bailiff is executing a warrant of possession (eviction) or recovering unpaid debts to HMRC or a court fine (but not for unpaid enforcement fees after a fine is paid)

Can I be arrested for using reasonable force to remove a bailiff?

Yes, but the arresting officer is at risk of an action brought against the force for wrongful arrest and unlawful imprisonment, Foulkes -v- Chief Constable of Merseyside Police; CA 9-Jun-1998. The Judge stated: The common law power of a police constable to arrest, where no actual breach of the peace has occurred but where he apprehended that such a breach might be caused by apparently lawful conduct, was exceptional and should be exercised by him only in the clearest circumstances when he was satisfied on reasonable grounds that a breach of the peace was about to occur or was imminent. There had to be a sufficiently real and present threat to the peace to justify the extreme step of depriving of his liberty the citizen who was not at the time acting unlawfully. If the bailiff does not have a warrant of control then you can remove him from the premises: Vaughan v McKenzie [1969] 1 QB 557.

Can Bailiffs take my current car for an unpaid ticket incurred using my previous car?

Yes, provided you own the car and its not on finance. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states: An enforcement agent may take control of goods only if they are goods of the debtor.

Is the enforcement still valid if my name is spelled wrong?

Yes, the "slip rule" enables minor amendments to a defendants name. In civil proceedings, it is Civil Procedure Rule 40.12.

I'm renting a room in a shared house, can bailiff's turn up?

Yes, Bailiffs can attend any address the debtor usually lives or carries on a trade or business. Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. The issue with a shared house is the bailiff can only take control of goods that belong to the debtor. He cannot enter any room that is occupied by another housemate or interfere with goods belonging to them. Bailiffs prefer to take control of vehicles outside.

Exempt vehicles must have a value less than £1350 to qualify as exempt, how do I get an accurate and authorative valuation?

The value of goods in civil enforcement is always the Auction value, that rule was set in the case of Vinci vs. Miller where the solicitor representing the bailiff (Peter Felton Gerber Felton's Law) persuaded the court the value of controlled goods is the action value, and the Vinci case is quoted in claims to exempt vehicles which are used for work by the debtor following an ANPR van drive-by event. To value a controlled vehicle, Search all sold listings on ebay.co.uk for sale values in the last 30 days and exhibit about five of those listings with a final value sale under £1350 and take the average, the court will accept that to be an authorative valuation.

Can bailiffs take a car from behind locked gates that are not owned by the debtor?

No. Even if the gates are owned by the debtor, the bailiff only has a power to take control of the debtors goods, and the power does not extend to breaking open locked gates or climbing over walls. Regulation 20 of the Taking Control of Goods Regulations 2013 states: The enforcement agent may enter premises, or re-enter premises only by any door, or any usual means by which entry is gained to the premises (for example, a loading bay to premises where a trade or business is carried on); or any usual means of entry, where the premises are a vehicle, vessel, aircraft, hovercraft, a tent or other moveable structure.

My driveway has locked gates, can bailiff take control of my car on the driveway?

No. A locked gate is the same as a locked door, bailiffs cannot break entry to any residential property unless the bailiff has a warrant of possession (evisting tenants). Bailiffs cannot climb over locked gates or fences, only enter by usual means, Regulation 20 of the Taking Control of Goods Regulations 2013.

Are bailiffs allowed to keep spamming with text messages?

No. Sending text messages is not part of the enforcement regulations or procedures. If someone is spamming you with nuisance text messages. You should report all nuisance text messages to your local police force online via their website, then forward the message to your mobile service provider free of charge to 7726. If you are on Vodafone, their number is 87726. Section 1 of the Protection from Harassment Act 1997, A person must not pursue a course of conduct which amounts to harassment of another, and which he knows or ought to know amounts to harassment of the other.. Section 127 of the Communications Act 2003 A person is guilty of an offence if he sends by means of a public electronic communications network a message or other matter that is grossly offensive or of an indecent, obscene or menacing character.. Section 1 of the Malicious Communications Act 1988, Any person who sends to another person a letter, electronic communication or article of any description which conveys a threat is guilty of an offence if his purpose, or one of his purposes, in sending it is that it should, so far as falling within paragraph (a) or (b) above, cause distress or anxiety to the recipient.

Can bailiffs take a vehicle used to take used to take livestock to a vet?

Yes. Unless the vehicle's auction value is under £1350, then it is exempt goods. Regulation 4(1)(a) of the Taking Control of Goods Regulations 2013

Can a bailiff take my car from driveway?

Yes. Bailiffs can take control of the debtors goods where the debtor usually lives or works, Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, and on any highway in England and Wales, Paragraph 9(b) of Schedule 12.

How long can a vehicle on Hire Purchase remain clamped?

It cannot be clamped. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says a bailiff may only take control of goods that belong to the debtor. Any vehicle on Hire Purchase with money still owing on the agreement, then the it does not belong to the debtor. It remains the property of the finance company until the final payment has been made. The current law came into force on April 2014, but if you can bring an action to court to injunct the creditor or council whom the bailiff is acting for to re take control of the Hire Purchase vehicle. In November 2012, the Local Government Ombudsman stated in a report: We consider that bailiffs should in the absence of the Debtor, make reasonable efforts to find out if a vehicle does belong to the debtor before levying, and check the vehicle does belong to the debtor before removing it.

Can a bailiff take a campervan that I am living in?

No. Regulation 5 of The Taking Control of Goods Regulations 2013 classes any "premises" occupied by anyone as their principal residence is exempt. Provision 3(1)(c) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 defines a "premises" to be any place and in particular includes a vehicle, vessel, aircraft, hovercraft, tent or movable structure.

Can a bailiff force entry to my home for a personal tax bill to HMRC?

Yes. Enforcement agents can enter by force to homes for an unpaid personal tax bill owed to HMRC. Section 127 repealed the law that enabled enforcement agents to break entry to domestic homes to recover unpaid tax owed to HMRC, and limited that power to those prescribed in Schedule 12 of the Tribunals Courts and Enforcement Act 2007 and subordinate regulations.

Can bailiffs remove my vehicle without telling me?

No. Provision 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states the debtor must be given a Notice of Enforcement at least seven clear days before taking control of goods. When the bailiff removes or clamps a debtors vehicle, provision 33(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states the bailiff must provide a notice for the debtor giving information about what he is doing. The notice can be handed to the debtor, but in the debtors absence, the bailiff must deliver the notice to the debtor in a sealed envelope addressed to the debtor.

Can bailiffs take photos of me leaving my house with my children?

No. It is an offence under the Protection from Harassment Act 1997 as amended by section 111(3)(g) of the Protection of Freedoms Act 2012 which creates an offence of stalking when a person is watching or spying on another. Especially if children are being spied on then it should be reported to the police online through the police force website.

I have 2 locked gates one at each end of my drive, if one is unlocked can they enter the driveway?

Yes. Paragraph 14 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says Bailiffs can enter land or property the debtor usually lives or carries on a trade or business through any unlocked gate. They are not authorised to commit breaking and entering.

Can a bailiff take a vehicle displaying a disabled blue badge?

No. Regulation 4(1)(d) of the Taking Control of Goods Regulations 2013 states exempt goods include: a vehicle on which a valid disabled person's badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person.

My Sons' car still registered to my address. A parking fine is due. Am I liable?

No. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states the bailiff may only take control of goods belonging to the debtor. That is the person named on the warrant of control. If a bailiffs takes control of your goods for someone Else's debt then you can make an third party claim. If a bailiff pesters you for money for someone else's debt and refuses to leave when asked, call police on 999 reporting a disturbance.

Can a bailiff enter my house if no one in?

No. Unless you leave a door unlocked. Case law applies, Faulkner v Willetts [1982] Crim LR 453. A door left open is an implied license for a bailiff to enter. Ryan v Shilcock [1851] 7 Exch 72 If a key is in the lock, the bailiff may gain entry using the key. Regulations enable bailiffs to enter premies when nobody is in only under these circumstances.

Can a bailiff take goods or vehicles belonging to my limited company for a director's personal debt?

No. The directors personal debts and the limited company are two completely separate entities. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states the enforcement agent may only take control of goods of the debtor.

Can a bailiff take a car I sold to a limited company?

Yes. If the car was owned by the debtor on or after the date the warrant of control was issued, then the goods become bound, paragraph 4 of Schedule 12 of the Tribunbals Courts and Enforcement Act 2007. The law prevents debtors from disposing of their property after the date the warrant was issued. There has been a case where a car was legitimately sold before the warrant was issued, but a Deputy district judge (DDJ Rowland, Croydon County Court) took it upon himself and declared the sale of the car to be a sham[sic]. The judgment has since been disregarded in subsequent cases because the judge was not entitled to declare a sale of a car to be a sham to circumvent the operation of an act of Parliament, in this case paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can bailiff take Xbox or PlayStation and the games?

Xbox yes, Games no. The Xbox hardware can be taken into control provided it belongs to the debtor. In reality, bailiffs are not interested in games consoles because they have a negative value and do not make any money paying off the debt once it is sold. The games are licensed to the user and cannot be transferred, therefore cannot be sold. The most that will happen is bailiffs will unplug it from the TV to get your pay up, but they have no intention of taking and selling it. They just want the debt paid.

A bailiff came and took photos of my house, why?

To prove he has attended. The fee regulations provide for a fee £75 when the bailiff is instructed and a fee £235 when the bailiff attends. If nobody is home he will leave a note through the door, and if payment is made and the £235 fee is queried, the bailiff can show a photo of the house to prove he attended. Although this defence is not 100% robust, it matters if the bailiff has travelled a long way to attend.

If I sell my car to a friend, but still use it. Can it be seized?

Yes. If the debt is a parking ticket, or unpaid council tax, the law says the property in all goods of the debtor become bound when the debtor has been given a Notice of Enforcement. Paragraph 4(4) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If the debt is a High Court writ, the property in all goods of the debtor become bound when the enforcement agent is instructed. Paragraph 4(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If the debt is a magistrates' court fine, the goods of the debtor become bound when the enforcement power has been received by the enforcement agent. When a debtor's goods become bound, they cannot be sold or disposed.

My car is worth £400 and I use it for work. Can it be taken?

No. It is a class of exempt goods under regulation 4(1)(a) of the Taking Control of Goods Regulations 2013. All exempt goods are excluded from becoming bound under paragraph 3 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If a bailiff takes control of exempt goods, then you make an third party claim.

Can a bailiff take a mobility scooter that's parked outside?

No. Section 4(1) of the Taking Control of Goods Regulations 2013 sets out a list of exempt goods, and under sub-section (b)(ix), it provides that any goods of the debtor are exempt goods if any item or equipment reasonably required for the care of a disabled person or an older person. If a bailiff takes control of any exempt goods, you can make you make an third party claim.

Why would a bailiff ask to check a car registration?

Bailiffs cannot check car registrations to find out who is the registered keeper, only the police can. If a bailiff wants to buy the vehicle keeper details from the DVLA there is a subscription charge, which is expensive. They can also get the keepers mobile number from the DVLA and the bailiffs starts sending nuisance text messages. Bailiff companies keep a database of car registrations having unpaid traffic debts and go around in vans looking for them. When such a car is found, the bailiff will do a drive-by clamping event.

Can a bailiff legally question my 13 yr old and hand him paper work while he on his own?

No. A bailiff may not take control of goods of the debtor where the debtor is a child, or a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located. Paragraph 72 of the Taking Control of Goods: National Standards 2014 published by the Ministry of Justice, states: Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be, under the age of 16 or is deemed to be vulnerable by the enforcement agent; they can ask when the debtor will be home - if appropriate.

Can they take my dad's car parked on my open driveway, for my debt?

No. A bailiff may only take control of goods belonging to the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If a bailiff takes another persons car then the owner makes an third party claim.

Can a bailiff come in my house if I am not there but my babysitter is.

No. A bailiff cannot enter a domestic property with the help of a third party. This rule is not in the bailiff regulations, but relies on case law. Nash v Lucas [1867] 2 QB 590 A bailiff may not encourage a third party to allow the bailiff access to a property, access by this means renders everything that follows invalid. Miller v Curry [1893] The use of a landlord's key to gain entry is unlawful. Welch v Krakovsky [1919] if a key is found but is not in the lock, entry using the key would be unlawful. Regulation 10 of the Taking Control of Goods Regulations 2013, The enforcement agent may not take control of goods of the debtor where a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located. Paragraph 72 of the Taking Control of Goods:National Standards 2014, Enforcement agents must withdraw from domestic premises if the only person present is, or appears to be under the age of 16. Paragraph 73 of the TCGNR 2014: Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12.

Can bailiff take a car I use but is registered in my 17 year old son.

No. If the son owns the car and he can show that be bought it, then the bailiff cannot take it. If a bailiff takes a car that does not belong to the debtor, the owner makes an third party claim. In November 2012, the Local Government Ombudsman stated in a report: We consider that bailiffs should in the absence of the Debtor, make reasonable efforts to find out if a vehicle does belong to the debtor before levying, and check the vehicle does belong to the debtor before removing it.

Bailiff sent you a text to say are coming to enforce a debt, but with no number to call back on.

Report all nuisance text messages to your local police force online via their website, then forward the message to your mobile service provider free of charge to 7726. If you are on Vodafone, their number is 87726. If you have an Android phone, set your phone to Block unknown callers.

Can a bailiff take a car that's only insured by me?

No. Bailiffs may only take control of goods that belong to the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can a bailiff seize a vehicle where I am not the registered keeper?

No. Bailiffs may only take control of goods that belong to the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

I am the registered keeper, family member is the legal owner can bailiffs take his car?

No. Bailiffs may only take control of goods that belong to the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can bailiffs take car not registered to me

Yes. Bailiffs may take control of goods that belong to the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. The registered keeper is not evidence of ownership.

Removal notice from an enforcement agent for council tax, can they get in while I'm out?

No. Bailiffs cannot enter domestic property if the door is locked. They can enter if the door is unlocked.

Can enforcement agents take my stuff for my sons debt?

No. Bailiffs may take control of goods that belong to the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can a bailiff clamp a financed car?

No. The hirer does not own the car, he is only the bailee. The hirer can apply to the court for an injunction to order the bailiff to return control of the car. The hirer then claims his costs together with a schedule of special damages for the unlawful deprivation of the use of the hire car under section 3 of the Torts (Interference with Goods) Act 1977 or Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. This action should only be done under the administration of a solicitor.

Can a bailiff clamp my brothers car, not in name, not insured on it?

Yes. The bailiff can take control of any vehicle he believes is owned by the debtor. If the vehicle is not owned by the debtor, the owner makes an third party claim under CPR 85.

If I sell my car for £1 to my daughter can Bailiffs still take it?

Yes. The bailiff can take control of any vehicle owned by the debtor on the date the warrant was issued. Paragraph 4 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can the bailiffs take a vehicle that's not in my name but the debt is in my name?

Yes. The bailiff can take control of any vehicle he believes is owned by the debtor. If the vehicle is not owned by the debtor, the owner makes an third party claim.

Can bailiffs go to my old correspondence address?

Bailiffs can go anywhere in England and Wales. Paragraph 9(a) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 enables a bailiff to take control of goods at the address on the warrant or writ of control, or in the case of council tax, the liability order - the enforcement power. Bailiffs can also take an enforcement step where the debtor usually lives or carries on a trade or business, paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If a bailiff attends on a correspondence address then he cannot take control of goods because the debtor does not keep goods there. A correspondence address is just that. If an occupant of a debtors old correspondence address is harassed by bailiffs then they can apply for an order under section 3A of the Protection from Harassment Act 1997.

Is the V5 proof of ownership of a vehicle?

No. The V5 only gives the name of the registered keeper. Its not uncommon for a V5 to be given in evidence when making an third party claim when a bailiff takes control of a vehicle for a debt not owed by the owner.

Can bailiff clamp a car that the registered keeper had a fine on but does not belong to me?

No. The new keeper must make an third party claim under Civil Procedure Rule 85 to recover the Clamped car. It is advisable to instruct a solicitor to do this because the bailiff company pays your costs and damages for the loss of use of the car arising from the bailiff taking control of it

Can bailiffs take my car if its only worth £400

Yes. Bailiffs can take control of a car of any value. The higher value the car the greater the risk the bailiff company will embezzle the value by charging high storage fees. This can only be solved by applying for a detailed assessment under CPR 84.16 and you can recover the storage fees and your costs of bringing the application.

Can a bailiff enter a locked garage in a block?

No. Bailiffs cannot break and enter any domestic premises unless they are executing a warrant or writ of possession (an eviction).

Can bailiff charge of the authorised high court enforcement officers £1337.53?

The fees are prescribed and are according to the sum recovered. If a bailiff exceeds the maximum the law allows, then apply for a detailed assessment hearing under CPR 84.16. The application needs to be made by a solicitor, and the bailiff company usually pays your legal costs.

Can they take a car not registered to me that I use?

Yes. provided the debtor owns the car, otherwise the owner must make an third party claim to recover the car under CPR 85.

Can bailiffs give my debt information to someone else?

No. Bailiffs are contracted by an authority to recover public debts, and they cannot sub-contract the work to another company. If a bailiff has exposed your data to another without authority, then you should report a concern online with the Information Commissions Office (ICO) and they will investigate whether a breach has been made.

I have paid the debt directly to the council in full. Can the bailiff take goods to pay their fee?

No. When the "amount outstanding" has been paid, the enforcement power ceases to be Exercisable under Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. In 2014, the Ministry of Justice published a document called the Taking Control of Goods National Standards, and in paragraph 31 it states Enforcement agents must not seek to enforce the recovery of fees where an enforcement power has ceased to be exercisable.. The "Amount Outstanding" has a statutory definition which says it is the sum of the debt owed to the creditor plus the costs of taking control of goods recoverable from their proceeds. Nothing says it includes any "fees" in this definition. Paragraph 50(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If a bailiff has taken control of your goods or a vehicle after you have paid the amount outstanding, then you apply for a detailed assessment hearing under CPR 84.16 and ask the court to suspend enforcement and decide whether the bailiff can take control of goods to recover their fees.

Can a bailiff take my 11 year old child's computer?

No. The bailiff may only take control of goods that belong to the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. Bailiffs cannot take control of goods if the debtor is a child. Regulation 10(1)(a) of the Taking Control of Goods Regulations 2013. If the computer is used in a person's education, then it is exempt goods. Regulation 4(1)(a) of the Taking Control of Goods Regulations 2013.

Does a bailiff always carry ID?

Yes Bailiff must show evidence of their identity and authority to enter premises on request by any person who is in charge of the premises being attended. Paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can bailiff remove a car without the owner present?

Yes. Bailiff may take control of goods on a highway in England and Wales, regulation 9(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. At any premises where the debtor usually lives or carries on a trade of business, paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If goods are any other premises in England and Wales, the bailiff can apply to the court to take control of goods at those specified premises, regulation 15 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can bailiffs take my child's games console?

Can a vehicle be seized if registration plates have been removed?

Yes. But it will be difficult for the bailiff to identify whether the car belongs to the debtor because the registration is on the bailiff's copy of the warrant whenever he is recovering an unpaid traffic debt.

If a car is registered in my name but I don't own it, are they still allowed to take it?

No. The bailiff can only take control of goods that belong to the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. When an owner makes an third party claim to controlled goods, he must prove ownership by showing evidence of the flow of money from the seller or the dealership in his name. If a car is on hire purchase, the car is always registered in the hirer's name asbailee, the hirer can apply for an injunction to recover the vehicle.

Bailiffs clamped my car, but I did not receive a letter from them before that?

It is most likely an unpaid parking ticket from your previous address. Bailiff companies have a policy to clamp vehicles without giving a notice of enforcement when they find that you have changed address after the warrant has been issued to your previous address. They do this in a hope that you are less informed of the law and pay up before you realise that you must be given Notice to get your car back. You apply for a detailed assessment and the bailiff is usually liable for your costs.

Can bailiffs take my laptop or computer?

Yes. But the bailiff knows this will attract a liability for damage if the laptop or computer contains online banking details and a bank account is subsequently defrauded. Bailiff are trained to avoid computer hardware because they have little material value and too dangerous to take a commercial risk. There are also Intellectual Property risks to be taken into consideration. If the computer is used for work or study and its value is under £1350, then it is exempt goods

I received a text asking to call a number or my goods will be taken. What do I do?

If you receive any anonymously sent text message containing threatening language then you must report it to the police as an offence under section 1 of the Malicious Communications Act 1988, or if the message is of a menacing character then the offence is under section 127 of the Communications Act 2003. If the sender pursued a course of conduct that amounts to harassment, then the offence is under section 2 of the Protection from Harassment Act 1997. You must also report the nuisance text message to your mobile phone service provider free of charge by forwarding the message to 7726, if your supplier is Vodafone who then it is 87726. Never reply, or click on links in any nuisance text messages.

How can I find out if there is a Warrant of Execution?

For an unpaid traffic debt, get the PCN number (Penalty Charge Notice), it has two characters followed by 8 numbers, sometimes with an end-character. Call the Traffic Enforcement Center (TEC) on 0300 123 1059. Press 4 to skip the robot and when your call is answered by a person, give the PCN number. Then, as a security check, they will ask for your postcode. If you recently moved, give the postcode the vehicle was registered to, otherwise give your current postcode. Then ask for three things. The date on the warrant, the address for the respondent, and the name of the council or authority that issued it.

When does the warrant expire?

For unpaid traffic debts, 6 years after the date of issue, section 9 of the Limitation Act 1980. The enforcement power lapses after 12 months from the date the Notice of Enforcement was issued, regulation 9(1) of the Taking Control of Goods Regulations 2013. If a warrant is renewed because the defendant has changed address and a warrant is re-issued under CPR 75.7(7), then the life-span of re-issued warrant is shortened to 12 months after the date the original warrant was issued. CPR 75.7(10).

Will bailiffs give up?

Yes. If the bailiff cannot get into your property or find your car, then they will move on. Bailiffs collecting debts for a council or a government body, such as a magistrate's court, then they must recover the debt within 90 days of being instructed. If the bailiff thinks he has a prospect of recovering the debt after 90 days, he can ask the creditor for an extension to 180 days. The legal maximum time period from the bailiff being instructed is 12 months, regulation 9 of the Taking Control of Goods Regulations 2013 sets the time limit for taking control of goods. In very rare cases, the creditor can issue a fresh Notice of Enforcement, which extends the time limit a further 12 months. An absolute end-stop for bailiffs to enforce civil debts is 6 years provided under section 9 of the Limitation Act 1980. There is no statutory time limit for the recovery of unpaid court fines, but the limit applies to the enforcement power. The enforcement of historic court fines is usually unsuccessful because the defendant aska the prosecution to prove the claim before entering a plea and that information is usually no longer available.

I am currently paying off a car loan, can a bailiff take the car away?

Yes. A car loan is not secured to the car like a hire purchase agreement. It is the goods of the debtor and the bailiff can still take it. The debtor will still have to pay the loan.

Can bailiffs knock on my flat doors if I haven't opened two main gates?

Yes provided the bailiff does not climb over the gates or break them. A bailiffs worst nightmare is attending on housing complexes with Fort-Knox security. It is very difficult to overcome security gates, night lights suddenly lighting the whole place up like Wembley Stadium and CCTV cameras gazing down. it leaves bailiffs a last option, pressing all the buzzers pretending to be a delivery driver hoping that someone will buzz open the gate.

My van was in a garage for repairs, bailiffs have changed the locks due to garage not paying rent

When bailiffs execute a warrant of possession on a commercial premises, regulations state they must place a notice on the door of the demised premises identifying the name of the enforcement company. Anyone owning goods or vehicles locked inside must make an third party claim to controlled goods. An third party claim is made in two stages, the first stage must be done as quickly as possible because the owner of the vehicle may claim damages from that point forward until control of the vehicle has been returned.

Can a bailiff use force resulting in injury?

No. A power to use force against people was repealed by Parliament in 2015 by section 25(5) of the Crime and Courts Act 2013. This followed a series of high profile personal injury claims brought by debtors, and a bailiff was headbutted by a debtor when the bailiff threatened the debtor with sudden body movements towards him. The debtor was cleared of assault by claiming self defence and the bailiff was said to have been confrontational in his manner with his sudden threatening moves.

Can the bailiff take my car? It's not a work car, but without it I would not be able to get to work?

Yes. A car is only exempt if its value is under £1350 and is used personally by the debtor in the debtor's employment, business, trade, profession, study or education. Regulation 4(1)a of the Taking Control of Goods Regulations 2013. There is no exemption for getting a person to and from a place of employment. You can amend your employment contract to include the use of the car in your employment for your employer to avail the car to this exemption.

Does a bailiff know my registration of my car if its for a council tax debt?

No. Bailiffs collecting traffic debts only know the registration of the contravention vehicle because the information is on the warrant of control for unpaid traffic debts, and in some cases, unpaid magistrates court fines for motoring offences. There is otherwise no mechanism or legal structure for bailiffs to discover the registration or whereabouts of vehicles owned by a debtor, a specific person or company. In 2015, bailiff trade association CIVEA lobbied Parliament to enable bailiffs to make police-like vehicle searches, but Parliament did not to approve it.

Can a bailiff take my son's Nintendo Switch and it's games?

No. The bailiff can only take control of goods that belong to the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If the child is under 16 and is the debtor, the bailiff may not take control of goods that belong to the child. Regulation 10(1)(a) of the Taking Control of Goods Regulations 2013.

Can the bailiff keep the doors of my car open, I have the keys

No. The bailiff may only take control of goods using one of the four prescribed methods. 1. Secure or clamp a vehicle on the debtors property where found. 2. If a vehicle is found on a highway, clamp it. 3. Remove the goods for storage, or 4. Create a controlled goods agreement with the debtor. Paragraph 13(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can a bailiff gain access with a locksmith?

No. Bailiffs executing a warrant or writ of control have no power to interfere with the locks to any domestic premises for the recovery of debts. Enforcement regulations only provide for the cost of hiring a locksmith when executing a warrant or writ of possession to gain access and securing premises. It is common for bailiffs collecting unpaid court fines to use the word locksmith and other threatening language on documents.

Can they take a car which is registered to someone but insured by debtor?

No. The bailiff may only take control of a car that is owned by the debtor. A car registered to a person or insured by them does not mean they own it. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

I am on holiday can a bailiff gain entry to property?

No. Provided your doors a locked bailiffs cannot break entry to any domestic premises unless they are carrying out an eviction. If you leave a door unlocked, a bailiff can enter.

Can bailiffs seize items that belong to my autistic son, like his iPad or his Nintendo Switch?

No. An autistic person is a class of vulnerable people and bailiffs must withdraw from the property of the vulnerable person is alone. Regulation 10 of the Taking Control of Goods Regulations 2013. A bailiff can only take control of goods of the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can bailiffs discuss my details with neighbours?

No. If a bailiff disclosed your data to an unauthorised person such as a neighbour then you can report a concern with the Information Commissioners Office (ICO) by completing an online form.

My child is disabled. I need my car to take him to his appointments. Can bailiffs take my car?

No. But you must display the disabled blue badge inside the car for the exemption from enforcement to be effective. Regulation 4(1)(d) of the Taking Control of Goods Regulations 2013 states: a vehicle on which a valid disabled person's badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person;

Are bailiffs allowed to seize items like phones and iPads?

Yes. But in reality bailiffs never touch mobiles and laptops. The bailiff must be aware of the risks involved. If the phone is the debtors only phone available to him then it is exempt goods, Regulation 4(1)(b)(vi) of the Taking Control of Goods Regulations 2013. Or if the phone is used in the debtors work, trade, profession or education, the exemption falls under Regulation 4(1)(a). Apply for an third party claim under CPR 85. If the phone is under a contract with unspent contract time remaining then the phone is not the goods of the debtor and cannot be taken. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 which states: An enforcement agent may take control of goods only if they are goods of the debtor. Apply for an Injunction. Taking Ipads presents risk to the bailiff because it can contain personal data including access to bank details. If a person's bank account was emptied, the blame could rest with the bailiff personally.

Can a bailiff take pictures of my house without my permission

Yes. Anyone can take photographs of buildings or people. Its an offence to take photographs of children without permission. It is also perfectly legal for you to take photographs or videos of the bailiff.

What is a reasonable distance I can ask to return an impounded car?

The law does not specify a reasonable distance a bailiff must return an impounded vehicle. Regulation 19 of the Taking Control of Goods Regulations 2013 states: an enforcement agent must, save in exceptional circumstances, remove the goods and secure them in or at a place which is within a reasonable distance from the place where control was taken of the goods. If a bailiff took the vehicle a distance of 70 miles, then that might not be considered a reasonable distance and you would have grounds for a claim for the cost of transporting the vehicle back to within a reasonable distance from where it was taken. An example, in 2017 a car was taken from Weybridge in Surrey to a pound in Enfield North London, 40.2 miles journey time 1hr 16 minutes, and the owner of the car recovered the cost of bringing the car back to its original location because the distance was not considered reasonable.

Can a bailiff enter my porch?

Yes. Provided the outside door is unlocked, a bailiff can enter the porch. If the front door inside the porch is locked, he cannot enter the front door.

Can a bailiff take livestock?

Yes. Bailiffs can take livestock but they become liable for their care, feed and vets bills as soon as he takes control of them. In practice, the risk to the bailiff is too great to be taking control of livestock. Regulation 34 of the Taking Control of Goods Regulations 2013 states: the enforcement agent must keep the controlled goods, so long as they remain in the enforcement agent's control, in a similar condition to that in which the enforcement agent found them immediately prior to taking control of them. There is a further liability for the storage of controlled livestock, which states the storage must be secure and the conditions of that storage such as to prevent damage to or deterioration of the goods for so long as they remain in the enforcement agent's control.

How can you prove that your goods that don't belong to the debtor without receipts?

You make an third party claim under CPR 85. You don't need receipts because the controlled goods might be antique, or gifts. You make a witness statement with your claim and the court will decide your claim on the balance of probability. If the bailiff company wants to challenge your claim, they must then prove the goods are those of the debtor. A common scenario is a tenant having furniture taken into control by bailiffs, the landlord providing a rented furnished property gives a copy of the tenancy agreement with the inventory.

Can bailiffs remove a fireplace or wood burning stove?

No. A fireplace or a wood burning stove are used to provide heating facilities, to satisfy the basic heating and lighting needs of the debtor's household. The exemption is under regulation 4(1)(b)(viii) of the Taking Control of Goods Regulations 2013. The debtor can make an third party claim under CPR 85.

Can an IVA stop a controlled good agreement?

No. An IVA is only an agreement set up to repay money owed to creditors. It does not vest to a trustee all the belongings of a person, the debtor who is subject to an IVA.

If two bailiffs turn up and leave a notice, do they both have to sign their names on it?

No. Only one of them must have an enforcement certificate and he signs the prescribed documents and notices. Bailiffs may use a helper, but helpers, often called porters, cannot work alone without the direct supervision of the person having an enforcement certificate.

Can bailiffs take a car that is not in my name?

Yes. Registering a car in a person or company name does not assign ownership rights to the car. The V5 document states that the document is not a proof of ownership. Bailiffs may only take goods belonging to the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

If you have personal debt and own a limited company, can bailiffs take from the company?

No. Bailiffs may only take control of goods belonging to the debtor named on the warrant or writ of control. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Enforcement officers want 435 pounds for council tax I can't pay, what can I do?

Have a look at these first steps you can take. Then see what your options are to stop the enforcement power.

Can a bailiff take my car with a logbook loan secured on it?

No. When you take a secured loan on a car, you sold the car to them in return for borrowing the money. The bill of sale to the lender together with the flow of money to the borrower proves ownership. If a bailiff company takes control and sells a car subject to a bill of same, it is the policy of logbook lenders not to make an third party claim under CPR 85.4, Instead; they wait for a new keeper to apply for a V5 with the DVLA, then go round to the address and retake the vehicle leaving a copy of the bill of sale. It leaves the new keeper to recover his money from the seller.

Can a bailiff take a sofa with a secured loan on it?

No. Goods bought on finance or with a loan secured on it are not the goods of the debtor. Therefore, the bailiff cannot take control of them. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Do bailiffs come to your house with hi vis jackets and in a car?

Yes. There are no regulations on what bailiffs must wear with attending. Bailiffs usually wear black and often body armour when attending debtors. When carrying out evictions, or attending traveller sites, they wear hi-vis jackets. They use their own vehicle. Bailiffs working in court fine and traffic debt enforcement the bailiff companies provide with a small unmarked trade vehicle, leased until it reaches 13,000 miles, then resold to dealerships for remarketing.

Can bailiffs get information from the DVLA about who a vehicle belongs to?

No. Bailiffs and their companies cannot look up vehicle registrations to get the name and address of the keeper. In 2015, a bailiff trade association lobbied the DVLA to search a persons name on the national vehicle database to get a list of registered vehicles. Parliament decided it is not conducive to public good for commercial businesses to search the national vehicle database in this way.

I live with my grandmother, can the bailiffs take her possessions if she has no receipts?

No. The bailiff can only take control of the goods that belong to the debtor. Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 states: An enforcement agent may take control of goods only if they are goods of the debtor.

Can a bailiff follow you without you knowing?

No. It is a criminal offence under section 2A of the Protection from Harassment Act 1997 for a person to pursue a course of conduct amounts to stalking. The offence should be reported to the police on the non-emergency 101 number giving a description of the offender. No. The bailiff may only take goods that belong to the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If a bailiff takes control of your grandmother's goods, she can make an third party claim under CPR 85.4

Can bailiffs come to my house for an unknown debt first time without giving a letter?

No. Bailiffs must give a statutory notice called a Notice of Enforcement at least seven clear days excluding Sundays and Bank Holidays before attending to take control of goods. Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. It is the practice of some bailiff companies not to give the notice because they know the courts give them the benefit of the doubt whenever giving the notice is challenged. This results in more bailiff companies not giving the Notice of Enforcement and the company stands to benefit financially from the enforcement stage fees by attending on debtors unexpectedly.

Can bailiffs take control of goods then make me prove they're not the debtors?

Yes but not without the risk of a claim for damages. If a bailiff takes control of goods not belonging to the debtor, the owner of the goods makes an third party claim. If a court decides the goods belong to the third party claimant, the court usually orders the bailiff to pay the claimant's damages and legal fees. To protect themselves from the risk of a claim, bailiffs must exercise caution when they are unsure whether goods belong to the debtor.

Can bailiffs take items from my 17 year old son's bedroom, i.e his games consoles, tv Etc?

Can a bailiff demand payment of compliance & enforcement fee if original debt has been paid?

No. The law says the enforcement power ends when the "amount outstanding" had been paid. The law also says the amount outstanding is made up to two parts. The first part is the debt specified on the enforcement power, whether it is a liability order, warrant or writ of control. The second part is the expenses paid by the bailiff in connection to selling the debtors goods to pay the debt, - "costs". If you pay the first part, the debt to the creditor, before the bailiff control of goods, then the enforcement power "ceases to be exercisable". Paragraph 6(3) of Schedule 12 of the tribunals Courts and Enforcement Act 2007. Expect the bailiff to rebuke this because they are a commercial company for profit. They only get paid when they take the money and the fees from the debtor.

Can a vehicle be taken if the debtor is a registered keeper but does not own the vehicle?

What happens if you have a 12 year old autistic child present when the bailiffs call to seize goods?

The bailiff can still take control of goods because there is an adult present with the autistic child. However, provision 73 of the Taking Control of Goods: National Standards 2014 published by the Ministry of Justice states, Enforcement agents must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12

Can a bailiff enter my property after I have told him that the person they want doesn't live here?

No. Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 provides for an enforcement power to be taken against the debtor where he usually lives or carries on a trade or business. Bailiffs misinterpret the enforcement power, whether a high court writ, liability order or warrant of control is licence to enter any premises anywhere in England and Wales. That interpretration is incorrect. The bailiffs enforcement certificate is the authority is to take control of goods anywhere in England and Wales and the enforcement power is authority to enter premises where the debtor usually lives or carries on a trade or business.

My child has had a letter through from the bailiffs but he is only 16 where do I stand?

Bailiffs may take control of goods even if the debtor is aged 16. Paragraph 2 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 defines a child to be a person under the age of 16. Any debtor under 16 is exempt from enforcement under Paragraph 10(1) of Schedule 12 which states: The enforcement agent may not take control of goods of the debtor where the debtor is a child.

How can I get a copy of the warrant from the warrant number?

Paragraph 26(1)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says bailiffs must show on request his authority to enter premises to the debtor or any person in charge of the property being attended. The warrant of control confers the power to enter premises for unpaid Traffic debts & Magistrates' court fines, a liability order for Council Tax, Business Rates or a Writ of Control. There is no provision saying they must give you a copy, only show it.

Can a bailiff enter my house for someone else's HMRC corporation tax debt?

No. Bailiffs may only enter the property the debtor lives or any premises he carries on a trade or business. Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can a car I am registered but not legal owned be clamped?

Can bailiffs block your driveway with his van?

No. But the police don't normally enforce the law. Blocking a vehicle parked on driveway could amount to unlawful imprisonment, sometimes called false imprisonment, when police charged a homeowner who blocked in the car of a home-visit salesman to keep him on the property to solve a dispute. Bailiffs are trained in the classroom to block debtors driveways, but the benefits are not understood because it puts the bailiff at risk if a situation turns violent, or the obstructing vehicle becomes boxed-in by a debtors accomplice.

Can I get my car back if I have disabled children?

No. A vehicle is exempt when it is displaying a disabled persons blue badge at the time the bailiff wants to take control of it. If a debtor is a blue badge holder and does not display it inside the vehicle, then the bailiff can take control of it. Section 4(1)(d) of the Taking Control of Goods Regulations 2013 states, a vehicle on which a valid disabled person's badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person;.

Can a bailiff clamp my car for my sons debt?

Can bailiffs take car that's used to transport disabled people?

Yes. but not while the car has the disabled persons badge displayed inside. Regulation 4(1)(d) of the Taking Control of Goods Regulations 2013 states a vehicle on which a valid disabled person's badge is displayed because it is used for, or in relation to which there are reasonable grounds for believing that it is used for, the carriage of a disabled person;

Can bailiff clamped a finance car?

No. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 says a bailiff may only take control of goods that belong to the debtor. Any vehicle on Hire Purchase with money still owing on the agreement, then the it does not belong to the debtor. It remains the property of the finance company until the final payment has been made. The current law came into force on April 2014, but if you can bring an action to court to injunct the creditor or council whom the bailiff is acting for to re take control of the Hire Purchase vehicle. In November 2012, the Local Government Ombudsman stated in a report: We consider that bailiffs should in the absence of the Debtor, make reasonable efforts to find out if a vehicle does belong to the debtor before levying, and check the vehicle does belong to the debtor before removing it.

If a bailiff attends a wrong premises do I still get charged?

No. The Enforcement Stage fee only applies when the bailiff attends the premises where the debtor lives or carries on a trade of business. Regulation 5(1)(b) of the Taking Control of Goods (Fees) Regulations 2014.

Can bailiffs force entry into an outbuilding?

No. Bailiffs cannot break entry to any residential premises. Only to a commercial premises or to any demised premises subject to tenant eviction.

Does a bailiff know what car I drive?

No, unless the bailiff is recovering a civil traffic debt or criminal motoring fine, then the registration of the contravention vehicle will be in the warrant of control. Bailiffs do not have access to search DVLA to see what vehicles a person has registered in their name.

I bought a car 4 weeks ago and bailiffs have taken it for the previous owner's debts, what can I do?

Make an Third Party Claim. Here is how

If a bailiff enters the common hallway of a housing block, but not my flat, is it a peaceful entry?

No. Only the part of the building occupied by the debtor is protected. A communal hallway is not where the debtor usually lives and is therefore not part of the debtors dwellinghouse. Entering a communal hallway of a block of flats is not license for bailiffs to break entry to any of the flats. If a bailiff causes a disturbance in a communal area of a building, then call police on 999 reporting an intruder on the premises. Your door must remain locked shut at all time until the bailiff and the police have left the building. NEVER open the door while a bailiff or police remain in the communal area of your building.

I have bought a car with a finance agreement from a friend, can this be taken?

Yes. You own the car, but you still owe your friend the money. If a car is on hire purchase then the agreement states the car remains the property of the lender until the final payment is made, and they cannot be taken because they are not the goods of the keeper.

Once the bailiff has been, can they return again?

Yes. Enforcement regulations place no limits on the number of times bailiffs can attend about the same enforcement power (warrant). The limit only applies to the time after the debtor has been given a Notice of Enforcement, which is one year from the date of issue.

Can bailiffs change your locks for unpaid council tax?

No. The enforcement power for the recovery of council tax is a Liability Order and it only confers a power to take control of the debtor's goods. There is no power for bailiffs recovering council tax to commit breaking and entering.

Can bailiffs seize goods from self storage units?

No. Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states that bailiffs may only take control of goods where the debtor usually lives or carries on a trade or business. If a bailiff wants to take control of the debtors goods elsewhere, then under Paragraph 15 of Schedule 12, the creditor must apply to the court for that enforcement power separately and specifying the address to be entered. This is called the specified premises. A paragraph 15 authority is not license to commit breaking and entering to the specified premises.

Can a bailiff take photos inside my house?

No. There are no enforcement regulations enabling bailiffs to take photographs of belongings inside a house. This is to record valuables, usually jewellery or small expensive items, a person may have and could be used in a burglary. Any illicit photography by anyone inside your house or premises should be reported to the police.

What if bailiffs take goods belonging to a vulnerable person and they aren't the debtor?

It is irrelevant if a non-debtor is a class of vulnerable people. Any claimant to controlled goods (or vehicle) for somebody else's debt makes what is called, an Third party claim. It starts by making an informal claim to the enforcement agent, followed by a formal claim at court. The claimant may ask for his costs to be recovered together with an order to the enforcement agent to deliver up the goods to the Claimant, or release the goods to him for collection.

Can bailiffs come for credit card debt and if so when can they come?

Yes. Bailiffs can enforce credit card debts provided the credit card lender (or buyer) of the debt, applies for a county court judgment, which gives the bailiff the court authority to take control of goods. Due to the cost of this procedure, it is rare for credit card companies to hire bailiffs, instead, they prefer the cheaper option to hire a common debt collector to send a raft of letters in the post with threats to visit them (called "doorstepping"). A bailiff with an enforcement power may attend following the seventh business day after giving the debtor a Notice of Enforcement and may attend between 6am and 9pm on any day of the week except public holidays.

Why are bailiffs watching my house when I'm in a payment plan with the creditor's solicitor?

Enforcement regulations do not provide for bailiffs to watch your house. If you see a bailiff watching your house or loitering outside, then he is not acting in the execution of duty. Record the offender on video and report him to the police, because he commits an offence under section 2a of the Protection from Harassment Act 2007.

Are bailiffs allowed to address a letter to recipient 'or occupier?'

No. A Notice of Enforcement must be addressed to the debtor, Regulation 8.1(a) of the Taking Control of Goods Regulations 2013, it must have the name and address of the debtor, regulation 7 of the Taking Control of Goods Regulations 2013. When a bailiff intends to re-enter premises, notice must be given to the debtor two days before and the notice must have the name and address of the debtor, regulation 26(a) of the Taking Control of Goods Regulations 2013. When a bailiff takes control of goods, clamps or removes a vehicle, he must give a notice containing the name and address of the debtor, regulation 30(2)(a) of the Taking Control of Goods Regulations 2013. The bailiff must also inventory goods, which must include the name and address of the debtor, regulation 33(1)(a) of the Taking Control of Goods Regulations 2013. When a bailiff sells the debtor's goods, he must give a notice which must include the name and address of the debtor, and the name and address of any co-owner, regulation 39(1)(a) of the Taking Control of Goods Regulations 2013. When bailiffs sell the debtors goods other than by public auction, he must give the debtor a notice which must include thename and address of the debtor, regulation 41(2)(a)(i) of the Taking Control of Goods Regulations 2013. If bailiffs abandon controlled goods, he must give a notice containing thename and address of the debtor, regulation 47(3)(a) of the Taking Control of Goods Regulations 2013. Bailiffs are not allowed to trace debtors, paragraph 12 of the Taking Control of Goods: National Standards, April 2014.

How many agents can act on the same debt at once?

Many. If all bailiffs, or agents, are acting together using the same enforcement power, then they can act jointly provided one agent holds an enforcement certificate. If they act separately, then each agent must hold an enforcement certificate. A person without an enforcement certificate may only act in the physical presence of an agent with a certificate. If a creditor applies for more than one enforcement power (e.g, a warrant or a writ, etc.) for the same debt, then that is an abuse of the courts' process, and you can apply to strike out the additional enforcement powers under Civil Procedure Rule 3.4 together with your costs.

I live in a 'no cold callers' area. Does this apply to bailiffs as well?

No. Bailiffs may enter premises where the debtor usually lives, or carries on a trade or business, Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Bailiffs may take control of goods of the debtor on a highway and must give a notice telling the debtor what he is doing, Paragraph 33(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. If a bailiff wants to take control of goods on specified premises, he must apply for that authority separately and show evidence of that authority to the debtor or any person in charge of the specified premises, Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

Can bailiffs seize bank account?

No. Bailiffs are only authorised to take control of the debtors goods, paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. Some creditors may apply to the court for a Third party debt order, but this is done by a solicitor. Third party debt orders do not apply to unpaid council tax, magistrates court fines and traffic contravention debts.

Does paperwork have to be in my 1st name? ie if my name is Jack John x, I use John rather than Jack

No.Paperwork must be properly addressed with postage pre-paid to the intended recipient, Section 7 of the Interpretation Act 1978. In criminal proceedings, the court may at any time correct an accidental slip or omission in a judgment or order, and a party may apply for a correction without notice, Civil Procedure Rule 40.12, but if get notice of the amendment, you have a right to oppose the application. Practice Direction 40B 4.4. In civil proceedings, such as a traffic debt or county court claim, The court may allow an amendment to correct the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question, Civil Procedure Rule 17.4(3).

Can bailiff remove my car from a neighbour's numbered car space?

No.Bailiffs may only take control of goods where the debtor usually lives or carries on a trade or business, Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If a bailiff wants to take control of a vehicle on neighbours number car space, then he must apply to the court for that authority separately, Paragraph 15 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. If bailiffs remove a debtors vehicle from neighbours numbered car space without having that authority, the debtor may apply to the court and ask them to intervene. Paragraph 66(5) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

If my child opens the door to a bailiff then leaves it open to come to get me can bailiff enter the house?

Yes.The bailiff may enter the property through any door, or any usual means by which entry is gained. Regulation 20(a) of the Taking Control of Goods Regulations 2013. Bailiffs must withdraw from domestic premises if the only person present is, or appears to be, under the age of 16 or is deemed to be vulnerable by the enforcement agent; they can ask when the debtor will be home - if appropriate. Paragraph 72 of the Taking Control of Goods, National Standards, 6 April 2014. Bailiffs must withdraw without making enquiries if the only persons present are children who appear to be under the age of 12. Paragraph 73 of the Taking Control of Goods, National Standards, 6 April 2014.

Why doesn't TV prog 'Can't Pay, We'll Take it Away' have repercussions when they push into flats?

It is to create artistic license and create an illusion that bailiffs do have the power to force entry into the domestic property and use force against people. Many of the cases featured on the TV show do result in litigation, some ranging up to £70,000 plus costs, but the production does not tell its audience. One of the enforcement agents featured on the show has been charged with offences and he is awaiting trial at Bromley magistrates court. It is unlikely the TV show will want to broadcast the findings of the trial if the enforcement agent is convicted. In some cases, the debtor chooses not to pursue a claim for a breach that is featured on the show. There are plans afoot for a YouTube channel to feature clips from the show and give a commentary explaining the legal position on the breaches of enforcement regulations committed by the enforcement agents.

How long do bailiffs keep their records for?

6 Years. This is because any action brought against the company cannot be brought after a period of six years from the date on which the cause of action accrued, section 2 of the Limitation Act 1980.

Is a removal of all implied rights of access to the property applicable to bailiffs for a civil matter?

No. No. Bailiffs must carry the warrant or writ of control which shows the enforcement address, which authorises the bailiff to take control of goods at that address, or at any address the debtor lives or carries on a trade or business. Before 2014, when bailiffs were unregulated, a Notice of Removed Implied Rights was enforceable in the same way as a police officer without a search warrant because the bailiffs authority was limited to "seizing goods", but they had no power to enter property unless a separate authority was given by the court. This was particularly true with bailiffs collecting unpaid council tax, because a liability order conferred no power to enter land at all.

Can bailiffs seize a Nintendo Switch console, it's controllers and games?

Yes. Bailiffs may take control of goods, except for exempt goods only if they belong to the debtor. If the debtor is under 16, the bailiff may not take control of any goods belonging to that debtor. Regulation 2 of the Taking Control of Goods Regulations 2013.

Can a bailiff take goods belonging to my wife?

No. Bailiff may take control of goods only if they are the goods of the debtor. Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.

Can they take a car she cannot do her job without?

Yes. Unless the value of the car is under £1,350, then the bailiff may not take control of it. Any vehicle, worth under £1,350 which is necessary for use personally by the debtor in the debtor's employment, business, trade, profession, study or education, exempt. Regulation 4(1)(a) of the Taking Control of Goods Regulations 2013. To get a solid valuation, search eBay.co.uk for sold completed listings for the same car that has sold in the last 30 days. If the bailiff takes control of an exempt vehicle, the owner may make a claim to exempt goods under Civil Procedure Rule 85.8 and recover damages under section 4 of the Torts (Interference with Goods) Act 1977.

If I legally change my car registration number, can bailiffs still remove it?

Yes. The bailiff may take control of goods only of they belong to the debtor, paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. When bailiffs recover an unpaid traffic contravention debt, or a court fine involving a traffic offence, the warrant of control will show the registration number of the contravention or offending vehicle. When bailiffs attend the debtor, they drive round the neighbourhood and look for the vehicle, and if they find it, they will clamp it before calling on the debtor. If you change the registration number, to a cherished plate, then it makes it harder for bailiffs to identify the car belonging to the debtor.

Can a bailiff take a car without keys?

Yes. Provided the car is owned by the debtor, but the bailiff should consider the risks of devaluing it. Moving a vehicle mechanically, or using a fork-lift around a vehicle compound damages the underbody, the service history documents are separated and the debtor still holds the keys which enables him to retake the car from anyone that buys it at action. If the bailiff takes the car from the street in an ANPR drive-by enforcement event, there is risk the debtor was not given notice, which means the property in the debtors car is not bound under the enforcement power, which voids all the enforcement, and the bailiff is liable to the owner for the replacement cost of the car and damages for the deprivation of its use.

How long does it take for the bailiff to pay after collecting from my debtors?

14 days. Bailiff companies have a policy to hold money collected from debtors for a period of 14 days. This is to protect them from the effects of chargebacks by debtors reclaiming money taken by payment card or contacting their bank and reversing a bank transfer if they show the transfer was made under duress or under the pain of an impending repercussion. The debtor may not have been aware he is a debtor and has the right to appeal the debt, or apply to set aside the enforcement power within 14 days.

Can bailiffs take a vehicle which has my own clamp?

Yes. Bailiffs may take control of goods only if they belong to the debtor, but taking a vehicle with a wheel clamp already attached only presents problems when the bailiff comes to sell the vehicle. If the bailiff breaks off the wheel clamp, he may be liable for criminal damage caused because a defence he had lawful excuse could fail, because the bailiff is liable for the care of controlled goods while it is in his possession. The owner of the clamp could technically sue for damages or the replacement cost of the wheel clamp.

How do I prove I've moved and the house is now my ex-wifes?

You don't. The bailiff may only take control of goods where the debtor usually lives or carries on a trade or business, but if bailiffs attend your ex-wife's for a debt owed by another, she can tell the bailiff to quietly leave the property. The bailiff does not have a power to force entry and search the property to satisfy himself the debtor does not live there. If a bailiff causes a disturbance, your ex-wife may call the police on 999 reporting the disturbance.

Can a HCEO get a Paragraph 15, Schedule 12 warrant to force entry for a High Court Writ of Control?

Yes. If a Debtor keeps goods at any premises in England and Wales that are not the relevant premises specified on the writ, or on a highway, and the bailiff wants to take control of them, he must apply for that authority separately by making the application to the High Court under Civil Procedure Rule 84.9(2).

Does a finance company have to instruct a certificated bailiff to repossess a car?

No. A finance company repossessing a car does not need to instruct bailiffs to take the car. Bailiffs are only needed when taking control of goods, or property in the case of a demised tenancy or squatting event, that do not belong to the creditor. The finance company can send anyone to take the car, and that person does not need an enforcement certificate.

Can bailiffs read the debtors private letters?

No. Bailiffs only have the authority to take control of the debtors goods and sell to pay a debt. The debtors mail and correspondence has no tangible value to bailiffs and cannot be sold, therefore the bailiff is not entitled to interfere with them, and that could attract a liability if the material are to be abused or get into the wrong hands. The bailiff is not entitled to rummage anyone's property to satisfy himself the debtor does not live there.

Do I have to prove I'm not the debtor to a bailiff chasing a debt from a past tenant?

No. The bailiff may enter relevant premises to search for and take control of goods, and relevant premises is where the bailiff reasonably believes that they are the place, or one of the places, where the debtor usually lives, or carries on a trade or business. When the occupant of the premises tells the bailiff the debtor does not live there, then the bailiff no longer reasonably believes the debtor lives there. Bailiffs do not have the authority to enter and search the property to satisfy themselves the debtor does not live there, and the occupants may seek damages for trespass and wrongful interference with goods.

Can bailiffs visit during UK lockdown in COVID-19?

Yes. On 27 March 2020, the government suspended all enforcement and extended all statutory Notices of Enforcement period from 7 days to 30 days by passing the The Taking Control of Goods and Certification of Enforcement Agents (Amendment) (Coronavirus) Regulations 2020. The suspension on enforcement was lifted on 24 August 2020 when the Emergency period ended, but guidelines were issued by CIVEA, the bailiffs trade association, to practice what it calls, "contactless enforcement".

If the bailiff company does not appear on the bailiff register. What are my rights?

None. The Ministry of Justice maintains the public register of Certificated Enforcement Agents, which you can access and search here. The search results give the bailiffs date was given his certificate together with the name of the company that he works for. The bailiff company lodges a bond of £10,000 with the court as a security for the bailiff to collect debts and hold public money on the Courts behalf. If the bailiff appears in the register without a company name, then the bailiff has lodged his money to lodge with the court to get his enforcement certificate, or taken out a policy where an insurer acts as guarantor if a claim is made against the bailiff.

Can bailiffs keep coming even after I told them the person they are after does not live here?

No. Bailiffs recover debts by taking control of the debtor's goods, but they may only take control of goods only if they are the goods of the debtor. The bailiff may only enter premises there the debtor usually lives or carries on a trade or business, or any premises where the debtor keeps goods on application to the court, or on a highway in England and Wales. Bailiffs may not enter property to satisfy themselves the debtor is not there. If a bailiff is making repeated visits after being told the debtor does not live there, then the occupant may apply for an injunction, together with damages, and costs. The occupant may report the bailiff to the police because bailiffs must not pursue a course of conduct which amounts to harassment of another, and which he knows or ought to know amounts to harassment of the other and commits an offence.

Can bailiffs take goods without me signing a controlled goods agreement for council tax arrears?

Yes. Bailiffs have four methods of taking control of the debtors goods, a) secure the goods on the premises where he finds them. b) secure them where he finds them on a highway. c) remove them and secure them elsewhere, and d) enter into a controlled goods agreement with the debtor. The bailiff chooses which of these to use. The making of a controlled goods agreement is not compulsory, and in reality, it's rarely practiced because bailiffs earn more money by taking the goods, usually a vehicle and charging storage fees. When bailiffs make a controlled goods agreement, it is because he does not want the debtors goods, or they have little sale value, or they have a high sentimental value to coerce the debtor into making payment.

Can a bailiff take goods if I don't let him in? As I have been threatened with this?

Yes.Bailiffs can take control of a car outside, or on a highway in England and Wales. If the bailiff is attending a private home, he does not have authority to break entry, unless he is collecting an unpaid magistrates court fine, or unpaid tax owed to HMRC. Keep your doors locked and secured, bailiffs can lawfully enter through an unlocked door. Bailiffs cannot threaten anyone with getting a locksmith.

Bailiffs called about a debt owed by a Limited Company which closed 2 years ago

A company is a legal entity in its own right, separate from its directors. Directors are not personally liable for the debts of the company unless they gave a personal guarantee, a guarantor. If a bailiff is pestering a director not a guarantor, for a company debt owed by a closed company, then the director may give notice to the bailiff company telling them the company is closed.

I didn't receive a "notice of enforcement" prior to first visit, the bailiffs say they have, what can i do?

Make them prove it. Bailiffs may not take control of goods without giving a statutory notice of enforcement and keep a record of the time the notice was given. You can ask the bailiff to prove that he kept a record of the record of the time the notice was given. If the notice was given by post, then the bailiff must show evidence of the time the notice entered the postal system.

My dad owes money in my house, should I evict or am I safe?

You are safe. The bailiff may only take control of goods belonging to the debtor, and if your dad owes money and is living in your house, then you are not liable for his debt. If bailiffs threaten you with enforcement for your dad's debt, then you can give a notice, or a statutory declaration telling the bailiff that you are the owner of the property and goods contained, and that you are not joined with your dad in the matter of his debt. In more extreme cases, you can give a notice of an intention to apply for an injunction.

I'm scared and disabled, what can I do?

A disabled person is in a class of vulnerable people for the purpose of civil enforcement and legislation gives a statutory definition. Bailiffs have a duty to contact the creditor and report the circumstances in situations where there is evidence of a potential cause for concern, and must be aware that vulnerability may not be immediately obvious. The regulations state the bailiff must give vulnerable debtors adequate opportunity to get assistance and advice before removing goods, otherwise the enforcement stage fee is not recoverable, but if the bailiff breaches this rule, the disabled debtor may apply to the court for a detailed assessment about the fees and disbursements. Meanwhile, you can give the bailiff a notice telling him you're a vulnerable person, and that will give you 30 days relief from enforcement, and you can decide how to deal with the debt.

Can bailiffs enter my children's bedroom?

No. Bailiffs cannot enforce writs or warrants by taking control of goods against any debtor under the age of 16. In reality, bailiffs may threaten to enter a child's bedroom to coerce the parent to give a money transfer to get relief from the threat. If a bailiff gets inside your home, even if the entry is legitimate, record everything on video, and call the police reporting a disturbance. You will be treated with a lot more respect while you are recording everything, because it can be used at court.

Do bailiffs close gates and doors once inside so pets cannot escape onto the streets?

No.There is no enforcement regulation that requires bailiffs to contain pets in the property. Common sense should prevail and bailiffs ought to be sure that pets and animals cannot escape, otherwise they could be at risk of a claim for damages in the event of an accident. Bailiffs cannot take control of livestock or domestic pets. If bailiffs allow animals to escape causing damages, a claim may be brought.

How do bailiffs know if a vehicle is on finance, or do they clamp first ask later?

An HPI Check. Bailiffs should check with the DVLA whether the debtor owns the car before taking control of it. Bailiffs have access to the HPI database to see if a car is on hire purchase. They know the driver will not let go of a vehicle even when it is hired or leased. Many bailiffs continue with clamping the car hoping the debtor is less-informed of the law, and concedes to the demand. Bailiff companies, in particular, Marston Group Limited, call this, keeping the vehicle "on clamp" (Their terminology used in correspondence with debtors), pretending they can still take control of cars on hire purchase without removing them. Marston Group Limited has a policy of clamping hire purchase cars without removing them, sometimes leaving them "on clamp" for months, otherwise, whenever they know the car is not on Hire Purchase, they remove the car as soon as the statutory two hour period has lapsed since clamping it. This proves that Marston Group Limited does check with HPI the finance status of the vehicle when taking control of them. The hirer may apply for an injunction to recover the Vehicle together with damages and costs.

If I die, does council tax die with me?

No. When a person dies, their debts are paid from their estate. If bailiffs seek recovery of a debt by taking control of the debtor's goods, the enforcement power ceases to be exercisable against the debtor because the goods of the deceased have become vested in their estate, and are no longer owned by them. The creditor applies to the debtors executor or administrator for the payment of debts from the residue of the estate. If the estate has no funds, the debt dies.

I'm old and disabled but I don't want my son to be punished cuz I cannot pay the council tax.

Your son is not liable for your council tax and bailiffs cannot take control of his goods. You could be protected from certain enforcement and you can ask the bailiff to suspend enforcement until you have adequate opportunity to get advice in relation to the enforcement power under regulation 10 of the Taking Control of Goods Regulations 2013.

We are a car hire company renting cars to taxi and minicab drivers, what can we do to protect our vehicle stock from street bailiffs?

Own the vehicles in a leasing company. Private hire cars attract lots of traffic contraventions making them vulnerable to bailiffs and their drive-by clamping vans. To protect your fleet from drive-by enforcement, the fleet must be owned and managed by owning in a company separate from the hire company. The owning company leases the fleet to the hire company, who then rents the vehicles to taxi and minicab drivers. The owning company must maintain the fleet service history. When a bailiff clamps a car, the Owning company makes a third-party claim and recovers damages from the bailiff company. The driver may make a claim to exempt goods, and also recover damages from the bailiff company for loss of income while the rented car is clamped.

My car got a PCN for overstaying after a bailiff clamped it, am I liable for the debt?

No. When bailiffs clamp a vehicle on the street in a drive-by enforcement, you are no longer in control of the vehicle. When a penalty Charge Notice is issued for overstaying a parking time limit, the driver will get a Notice to Owner (NTO). Complete the NTO naming the bailiff from the Warning of Immobilisation with the bailiff company address, and the authority will pursue the bailiff or his firm for the traffic contravention penalty.

Can a bailiff take my 19 year old's games console and computer?

No. If bailiffs take control of goods not belonging to the debtor, the owner makes a third-party claim, and may recover damages and costs. Bailiffs cannot take computers when they are used in somebody's employment or education and its value is under £1,350 because they are exempt goods. The owner of the computer can make a claim and may recover damages and costs. Both devices may contain digital property, which cannot be sold and exposes bailiffs to the risk of damages if bank details are compromised. These types of devices cannot be reset to factory condition without passwords, PIN number or fingerprint, which the owner is unlikely to freely make over to bailiffs, rendering the hardware worthless and anti-theft trackers follow the device wherever it goes.

If it's my husbands debt, can they still take goods if I have paid for them

No. If bailiffs take control of goods that do not belong to the debtor, the owner makes a third-party claim, and the owner may recover damages and costs from the bailiff company.

Why do all those debt charity websites never give advice on how to stop bailiffs?

Conflict of interest Debt charities are funded by the government to give advice to people in debt making the government their paymasters. Council tax, traffic debts and court fines account for over 90% of bailiff action, with the remaining 10% being consumer or contractual debt. This makes the government the chief beneficiary of 90% of street bailiff enforcement. A debt charity getting public money will not give advice on revoke enforcement powers or writing off debts owed to its paymaster. Instead debt charities and publicly funded advice centres palm complainants off with seek advice or hand then a list of local solicitors knowing bailiff restitution and redress is underserved area of law in the legal profession.

We have a pub, what can we do to protect our business from bailiffs?

Own the pub's moveable goods in a separate company from the pub business itself. Then lease or rent them to the pub business or company. When bailiffs enter the pub and start removing goods, the company that owns the movable goods makes a third-party claim together with damages and costs. The pub Business or company recovers damages and costs for the interference with its leased or hired goods. Bailiffs cannot take control of alcohol cigarettes and food because they are unlicensed.

I don't understand English well, can I ask bailiffs for paperwork in another language?

Yes. But enforcement regulations don't require bailiffs to give documents in another language. Bailiff documents are statutory and regulations give the recommended layouts. If a debtor has a limited understanding of English, then they are classed as vulnerable and bailiffs must let the debtor get advice about the enforcement power, otherwise the bailiffs fees are not recoverable.

Can bailiffs still take my car if I put wheel clamps on all four wheels?

Yes. Bailiffs can take the car and the attached wheel clamps provided it belongs to the debtor, otherwise, the owner of the wheel clamps can make a third-party claim to controlled goods. When bailiffs take a car with clamps attached, the bailiff may not damage or break the wheel clamps, otherwise he is liable for criminal damage, and he is also liable for the care of controlled goods including the wheel clamps.

How can I protect my car from bailiffs?

Any of the following Own it in someone else's name, or a company name. The owner can make a third party claim. Register it in Scotland, bailiffs can only operate in England & Wales. Keep it on a neighbour's driveway, or their numbered parking bay, or a highway. Bailiffs may only take control of goods on land where the debtor lives or carries on a business. Lease it, or keep it under a hire-purchase agreement, the bailiff cannot take control of goods that belong to a lender. Put a disabled blue badge displayed inside the car. Bailiffs cannot take control of goods displaying a disabled blue badge. If a motorhome or caravan, bailiffs cannot take control of goods if they are the someone's only, or principal residence. The vehicle has an auction value under £1,350 and is used by someone in their trade business, employment or education. Keep it in any locked building or garage. Bailiffs cannot break open any domestic property, including a locked garage en-bloc that is away from the property. Change the vehicle's registration, bailiffs use ANPR cameras to look for vehicles with unpaid traffic contravention debts using number plate recognition cameras.

A V5 is not proof of ownership, is motor insurance in my name on the registered vehicle adequate?

No. When bailiffs clamp a car not belonging to the debtor, they put a very high burden of proof on the owner to prove that they own the car. A V5 document is not proof of own ownership, nor is insurance and car tax. The evidence that trumps everything is the service history documents in the owner's name followed by the bill of sale, or invoice, for the car, showing the date of purchase. Together with evidence of the flow of money from the buyer to the seller on or near the date of purchase. If the bailiff still disputes a third party claim, the owner makes a claim at court, and the bailiff and the creditor are liable for your costs and damages.

Bailiffs are sending threatening letters about a debt owed by someone else. How do I stop them?

Bailiffs may only take control of goods that belong to the debtor. If the debtor does not live or trades at the address, the bailiff may not take enforcement action, unless the debtor keeps goods there. If you find the bailiffs letters threatening, then you can give the bailiff and his firm a notice telling them that the debtor does not live there. You can also make a statutory declaration, and serve it on the bailiff and his firm. If bailiffs continue harassing you about money not owed by you after you have given the notice, or a statutory declaration, then, you may apply for an injunction.

The Police want me to attend a police station for a voluntary interview under caution.

It is an offence to interfere with controlled goods without lawful excuse, or intentionally obstruct an enforcement agent in execution of duty. If the police ask you to voluntarily attend a police station for an interview under caution, it means a bailiff has made a complaint against you, but the director of public prosecutions has told the police there is insufficient evidence to charge you. Asking you to voluntarily attend a police station, if an effort to see if you confess or admit an offence. Demand that all information the police intend to rely on, is given to you in advance, and you are given adequate time to get advice about the information before agreeing to an interview. Otherwise, if you are forced, then you give a "no Comment" interview. After the tape is switched off, do not be caught out answering casual questions, you might still be under caution. If the police only agree to give the information to a solicitor, then they have not given you the information. You must continue to answer all questions with No Comment. Get the information examined by an expert, there may be grounds to prove the enforcement invalid, or a police officer commits an offence of assisting an enforcement agent in committing a crime.

I returned wrongly addressed enforcement bailiff notices. What do I do?

Nothing You have no obligation to respond to bailiff documents not addressed to you. If bailiffs call asking for someone by name not living or trading at the address, then the bailiff cannot enforce the warrant of control. If a bailiff causes trouble, call police on 999 reporting a disturbance and show the police you ID and ask the bailiff to quietly leave. There is a slip rule that allows the court to correct an accidental slip or omission in a judgment or order, and a party may apply for a correction without notice. If the address on the document, then that is evidence that the service of the document on the debtor by ordinary course of Royal Mail post has not been properly effected.

A warrant for an unpaid parking fine has the car's number plate, can bailiffs remove a different car?

Yes. Bailiffs may take control of any car belonging to the debtor. Bailiffs recovering a traffic debt or a court fine can see the registration of the contravention vehicle on the warrant of control. Before calling at the address, bailiffs will look around for the contravention vehicle, and may clamp it before knocking the door. If the bailiff cannot find the contravention vehicle, they take control of any vehicle owned by the debtor, but bailiffs have no ability to search the DVLA for vehicles registered to the debtor.

If I give my car to my friend, can bailiffs still clamp it?

Yes. If the debt is a High Court Writ, the enforcement officer being instructed binds all the property in the debtors goods. If the debt is an unpaid court fine, the bailiff being instructed binds all the property in the debtors goods. If the debt is unpaid council tax or an unpaid traffic contravention debt, the debtor being given a Notice of Enforcement binds all the property in the debtors goods. After the debtors goods become bound, the debtor cannot dispose of them. An exception is when the buyer of the goods acquires them in good faith.

Why are goods sold at auction? Surely this does not maximize the value of the goods?

Regulations don't require bailiffs to sell controlled goods by auction, but they must sell the goods for the best price he can reasonably get. The methods of sale can be a private sale, sealed bids, advertising them or any method considered appropriate. The most popular method bailiffs sell vehicles is on eBay.

Bailiffs clamped my car and I am not the debtor, can I cut the wheel clamp off?

No. You are probably a victim of opportunist drive-by clampers and you should make a third-party claim. If you decide to cut the wheel clamp off, then you must dispose of the clamp securely and deny any knowledge of the clamp, otherwise you may be convicted of interfering with controlled goods.

Why do bailiffs call at 6am?

Enforcement regulations state that bailiffs may enter premises or take control of goods only after 6am and before 9pm on any day. Bailiff companies train their bailiffs to start early to avoid the morning traffic and catch debtors before they get up and become startled at bailiffs turning up. Bailiffs are often caught working at night on CCTV and video doorbell systems, driving round neighbourhoods in vans with number plate recognition cameras clamping cars undercover of darkness, then attaching notices with the time of 6am written on them.

Why do bailiff letters have a QR code printed on them?

To prove receipt. The QR code identifies the debtor and points to a website or app to make a money transfer. Debtors don't trust giving their bank details, so bailiff companies print them on letters to see whether the QR code is scanned and clandestinely tells them the debtor has received the letter. If an App is used, it can tell the bailiff company your location or whereabouts and use this information to find you or your vehicle.

The new homeowner told me bailiffs turned up at my previous address, what do I do?

Nothing. If you give your new address, the bailiff will jump straight to enforcement without giving a statutory Notice of Enforcement. Without knowing what kind of debt or its origin, the bailiff is looking to recover, you don't need to take any action until the bailiff has given you a statutory Notice of Enforcement. If you get bailiffs at your new address when the debt or the enforcement power has your old address on it, you may be able to apply to stop the enforcement power and cancel the debt.

Do bailiffs leave a marker outside a house they have visited?

Yes. Bailiffs sometimes leave a leaflet not related to debt collection, hanging out of the letterbox when there is no answer, so he can return later to see if someone has taken it. This practice is copied from burglars looking for empty properties. Unlike genuine leaflets, bailiffs only leaflet the target property ignoring neighbouring properties. If a bailiff is unsure the debtor lives there, he may leave a red debt collectors letter with threatening language to see if the debtor makes contact and thereby succeeds in tracing a debtor. If the warrant or writ does not have the address on it, the bailiff is a trespasser because the warrant or writ only authorises entry to "specified premises" or any address the debtor lives or trades, therefore the bailiff may commit burglary, or conspiracy to burgle. Any suspicious documents found hanging from your letterbox should be handed in to the police.

Why do bailiffs show fake ID when the court issues them with an official photo ID?

To give a police-like appearance. Bailiffs must on request show the debtor and any person who appears to him to be in charge of the premises evidence of his identity, and authority to enter premises. Bailiffs substitute their official court-issued photo ID cards with fake ones with police-issue leather warrant cards and badge holders. This is a criminal offence under section 90 of the Police Act 1998.

Can a bailiff trace me through my national insurance number?

No. There is no provision in the enforcement regulations that enable bailiffs to access anyone's national insurance records.

Can I film or photograph a bailiff's ID?

Yes. The best way to get a bailiff's Photo ID is to ask them to hold it up to your Wifi video doorbell camera. Some bailiffs show fake photo ID, a police-like warrant card and a badge, or point to a sticker on their body-worn camera, often called a video badge, so you have to get close to see it. The best way is to ask the bailiff to hold their court issued photo ID to your camera. It is a white six inch laminated card with their mugshot and signed by a judge.

Bailiff with an ANPR number plate camera issued a notice on a car parked on the drive but wrote a false address on the notice, Why?

Previous keepers address When bailiffs clamp vehicles, they must give the debtor a notice and an inventory in a sealed envelope addressed to the debtor. When bailiffs clamp a car, they fix a Warning of Immobilisation to the car, but regulations do not require it to have an address. It is likely the bailiff knows the vehicle owner's address is not the address on the warrant of control and he knows he is taking control of goods that do not belong to the debtor.

Why should I pay any costs incurred by bailiffs when goods are removed?

Enforcement fees are prescribed in regulations and apply according to what enforcement steps the bailiff has taken. You have a right to apply to the court to dispute them. This is called a detailed assessment hearing. The enforcement steps, which each attract a prescribed fee, are the Compliance Stage when the bailiff is instructed. The Enforcement stage(s), when the bailiff attends, and a Sale Stage when the bailiff has removed controlled goods. If the bailiff sells goods at auction to pay the debt, the bailiffs fees and charges may be recovered from proceeds of sale.

I have moved, do I have to tell a bailiff if they ask me on the phone?

No You don't have to tell a bailiff you have moved, or give your address. The bailiff must return the warrant to the creditor so it can apply for a new warrant with the debtor's new address. If you tell bailiffs your new address, they might ambush you by attending without giving you a statutory notice of enforcement.

Can bailiffs ambush me by turning up unannounced?

No Before taking control of goods, or clamping your car, bailiffs must give a Notice of Enforcement at least seven clear days before. Bailiffs cannot just turn up and ambush you. If bailiffs attend an address that is not on the warrant of control or liability order, then that is evidence the bailiff did not give a Notice of Enforcement. The debtor can apply to the court and order the goods to be returned, or the card-holder can make a chargeback.

I paid bailiffs for traffic debt, the court revoked the enforcement, how do I get refunded?

Reclaim it from the council. They are liable for their agents.When the Traffic Enforcement Centre stops the enforcement of a traffic debt, the enforcement power ceases to be exercisable, and no enforcement fees and charges are due. Give the council a letter of claim asking for your money back. Copy in the bailiff company by email, but do not name them as a defendant. If a refund is not forthcoming, then start a claim online using Money Claim Online.

Can a bailiff give a notice letter to a child to pass to a parent?

Yes. When attending a property, bailiffs may not take control of goods when the debtor is a child under 16. If a vulnerable person, or child under 12 is alone in the property, the bailiff must quietly leave without making enquiries. Bailiffs should be aware that a person's vulnerability might not be physically obvious.

Can bailiffs attend a directors home address for a company debt?

No. Bailiffs may only take control of the goods belonging to the debtor where the debtor carries on a trade or business. A director is a person, and is a completely separate legal entity to the company. If bailiffs attend a director at home, the director, or his family may apply for an injunction against the creditor, and recover damages and costs.

Can an enforcement agent approach me in a public car park and use his vehicle to block the exit?

Yes and No. Two separate questions. Bailiffs may approach a debtor anywhere in England & Wales, but the power to take control of goods is limited to where the debtor lives or carries on a trade or business. A public car park, if it is privately owned, and not a highway, is not a place where bailiffs can take control of goods. The second question, the bailiff cannot use his vehicle to block a public exit or entrance. The police should be called because the bailiff might be committing an offence of unlawful imprisonment.

Bailiffs blocked my lane on private land with his van. I asked him to leave, He refused, my tractor moved it. Is this allowed?

Yes Provided the van is not damaged. If the bailiff refused to move his van blocking an access road on private land, then you may have a defence if you can show that you had a lawful excuse.

Can a bailiff turn up to property with a friend or spouse if they stay sat in the car?

Yes Bailiffs can bring other people onto the premises to assist, but they must not stay on the premises without the bailiff.

Why do bailiffs demand payment in cash or bank transfer?

Bailiffs are at risk of stopped cheques, and card chargebacks, but they might still accept them if there is no alternative.

Do council tax liability orders become statute barred after six years?

No. The Court of Appeal in Bolsover District Council and another v Ashfield Nominees Ltd and others [2010] EWCA Civ 1129, has held that there is no limitation period for enforcing a liability order for outstanding council tax. This judgment contradicts legislation which prevents the enforcement of statutory debts more than six years old, Section 9 of the Limitation Act 1980. The Notice of Enforcement still sets a limit of 12 months from the date of issue. After that, the bailiff must give a fresh Notice of Enforcement before taking control of goods.

Can a county court bailiff turn up with locksmith for unpaid CCJ? He's not been in my house before.

No. Bailiffs enforcing payment of a county court judgment do not have authority to break entry to private homes, or interfere with the operation of locks to the property. Bailiffs may use reasonable force, but bailiffs may interpret this to mean a right to commit breaking and entering, or to interfere with the locks to the property as a threat to the debtor. Reasonable force, means entering a property, specified on the warrant of control, liability order, high court writ, or other enforcement power, without the occupants permission, for example by opening an unlocked door. Bailiffs cannot use force against people, for example, by pushing past them or putting a foot into the door. Bailiffs are still liable for personal injury claims when force, reasonable or not, is used against them. The expression "reasonable force" does not have a legal definition, so the court will interpret it on a case by case basis as to whether the reason for using force was necessary in the circumstances.

Can bailiffs clamp a car with no wheels?

Yes. Bailiffs can take control of a car by fitting an immobilisation device to it, or remove it. Street lifters - a flatbed truck with a mounted crane, carry temporary wheels. Abandoned cars without wheels are lifted using straps around the underbelly of the car, and it probably will not sell to pay the debt, so bailiffs might take it out of spite. It is common to dispose of scrap cars by filling them with building rubble and leaving it out for bailiffs or the DVLA to find it and pay the cost of disposal.

How long after the date of the warrant of control (PCN) do bailiffs turn up?

About 11 days. The court issues the Warrant of Control electronically to the council who passes to the bailiff company. The bailiff gives a Notice of Enforcement not less than 7 clear days before the bailiff turn up. The 7 clear days do not include a Sunday, bank holiday, Good Friday or Christmas Day and postal service delivers post the second day after it was posted, provided that day is a business day; or if not, the next business day after that day. A "business day" is any day except Saturday, Sunday, a bank holiday, Good Friday or Christmas Day. If the bailiff clamps your car before this time limit has lapsed, you can recover damages.

Correspondence address is only that, how do I prove that items there are not my company's stuff.

Make a Third Party Claim. Bailiffs may only take control of goods that belong to the debtor. If bailiffs take goods not belonging to the debtor, the owner of the goods makes a third party claim to controlled goods. If a bailiff has threatened to take control of goods that do not belong to the debtor, the owner can make a statement and hand it to the bailiff on camera as proof of service.

Can a High court bailiff for unpaid utility CCJ Force entry?

No. Bailiffs executing a county court judgment CCJ or a writ of control, cannot enter private homes by breaking and entering. Bailiffs can enter premises using reasonable force where the bailiff reasonably believes the debtor carries on a trade or business on the premises. (commercial premises). In other words, bailiffs cannot enter by force any private home when executing a High Court writ, but he can enter any commercial premises the debtor is trading from. Bailiffs interpret the term reasonable force to mean breaking and entering, but no such legislation exists giving that definition. In any case, bailiffs are prohibited from using force of any kind against people.

Can bailiffs only list goods if the estimation reaches the debted amount or shouldn't they bother?

No. Bailiffs may take control of goods only if they are the goods of the debtor. Bailiffs should only list goods, either before removing them or to make a controlled goods agreement.

Correspondence address is only that, how do I prove that items there are not my company's stuff.

I use my home address for my company's correspondence, how do I prove goods do not belong to the company?

Make a 3rd party claim. Bailiffs may only take control of goods only if they are the goods of the debtor, If a company uses an alias address, then the bailiff may only enter that address provided the address is where the debtor company carries on a trade or business. If bailiffs want to enter and search specified premises then he must apply for that authority separately. If bailiffs take control of goods not belonging to the debtor company, the owner of the goods may make a third party claim.

A notice of enforcement was put through the door for the previous homeowner. What should I do?

Nothing. Bailiffs may only enter homes where the debtor lives but if the debtor is no longer living there, he may not enter the address. A bailiff has no right to enter a property to satisfy himself that the debtor does not live there.

Does a notice of enforcement have to have a name and address to make it legal?

Yes. Bailiffs must give the debtor a notice of enforcement at least seven clear business days before taking control of goods. Regulations state the Notice of Enforcement must show the name and address of the debtor.

Bailiffs paperwork is not in my real name, is the enforcement still valid?

No. The debtor must be a legal entity either a person or a company. If the enforcement power is in the name of a fictitious entity, then the entity cannot own any goods and the debt cannot be recovered. Bailiffs may only take control of goods if they belong to the debtor. If bailiffs take control of goods belonging to a non-existent entity, the owner of the goods may make a third party claim to controlled goods.

I am registered disabled with significant disabilities, can a bailiff enter my home?

Yes If you leave a door unlocked, the bailiff may enter by turning the handle. Bailiffs may not take control of goods of a lone vulnerable debtor. Vulnerable debtors are not liable for enforcement stage fees and disbursements unless the bailiff gives the vulnerable person an adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power before taking control of the debtors goods.

Are bailiffs allowed to take pictures of my finance car? And what can he do with the pictures?

Nothing. Hire-purchase vehicles cannot be taken or sold by bailiffs. The bailiff cannot do anything with the pictures of a hire purchase car. If you see suspicious activity or loitering in the neighbourhood take some pictures and call the 101 non-emergency number and report it.

How can I stop bailiffs from coming round over a disputed child maintenance arrears?

You can't. It is not possible to stop bailiffs turning up about child maintenance, but the motive is confrontation, or the threat of a confrontation, rather than the practicality of asking for payment of £20,000 on the doorstep. Bailiffs collecting child support do not have authority to commit breaking and entering, or use force against people. Debtors may be able to revoke the liability. Look into getting the debt revoked, set aside or nullified. This article shows the steps you can take.

I have bipolar and anxiety disorder. Do I class as a vulnerable adult to bailiffs if they visit?

No Enforcement regulations give no legal definitions of a vulnerable person, but other regulations do, which states: A disability is a physical or mental impairment having a substantial long term effect on the debtors ability to manage their daily activities. So, a debtor who is bipolar or suffers from anxiety disorder is a vulnerable person, only if their ability to manage their daily activity is substantially impaired. You can't. It is not possible to stop bailiffs turning up about child maintenance, but the motive is confrontation, or the threat of a confrontation, rather than the practicality of asking for payment of £20,000 on the doorstep. Bailiffs collecting child support do not have authority to commit breaking and entering, or use force against people. Debtors may be able to revoke the liability. Look into getting the debt revoked, set aside or nullified. This article shows the steps you can take.

Can I be arrested by the police for not paying a court fine?

No. Police cannot make an arrest for non-payment of a court fine because there is no legislation for police to make arrests in these circumstances. The police will always say they are there to 'prevent a breach of the peace', and rarely admit that statutory duty is actually crime prevention. Bailiffs do not turn up with the police because it is a waste of police resources and taxpayer expense. Bailiffs like to think they can bring the police with them when it suits. A bailiff might call 999 when he is caught committing an offence e/g stealing property or money, getting into a fight, or the bailiff or his vehicle are at imminent risk. If a police officer makes an arrest or threatens to arrest someone to achieve a gain or a benefit for himself or another, the officer commits an offence under section 26 of the Criminal Justice and Courts Act 2015 and the arrested person can sue for false arrest and unlawful imprisonment.

Can I hide my hire-purchase car to stop repossession?

No. Goods on hire-purchase belong to the lender until the option to purchase has been exercised. If the agreed payments are not made, the lender can re-take the car because it is still owned by them.

I've lived abroad for 2 years, Can a judgment still be enforced by bailiffs?

No. A writ of control is authority to take control of the debtor's goods, and the debtor must be given a notice of enforcement. Bailiffs may only enter premises where the debtor usually lives in England and Wales. Any attempt at enforcement outside those rules makes the creditor and the bailiff jointly liable.

Can my personal belongings be taken by bailiffs if my limited company is registered at my home address?

No. You and your limited company are separate legal entities and bailiffs can only take control of goods of the debtor named on the enforcement power. If bailiffs take your personal goods for a debt owed by your company, then you can make a claim to executed goods, recover damages together with your costs and statutory interest.

Can bailiffs someone else's car from my drive?

No. Bailiffs can only take goods that belong to the debtor named on the warrant or writ of control (the enforcement power). If a bailiff wants to take the car from your drive at an address not specified on the enforcement power. then he must apply for that authority separately, and the specified address must be in England and Wales. If bailiffs take control of a car not belonging to the debtor, the owner can make a third-party claim to the car together with a claim for damages, statutory interest, and costs.

Can a high court enforcement agent get a warrant to enter my house?

Yes. Bailiffs have authority to 'enter premises' only when he has a writ or warrant of control specifying the enforcement address. Bailiffs claim that 'authority to enter premises' means to commit breaking and entering or 'get a locksmith'. Bailiffs may only enter peacefully using non-violent means the address specified on the writ or warrant or control, or anywhere the debtor usually lives or carries on a trade or business or any highway in England and Wales.

If bailiffs have a property possession order against me, does it affect my credit rating?

No. A possession order is not an order for a sum to be paid to a licensed lender and does not show on a credit rating. Credit scores are based on your credit history with licensed money lenders. If the applicant for the possession order is a bank holding a mortgage charge on the property, then that will affect your credit rating.

Can bailiffs take my car that is in a workshop/garage because I cannot pay the garage bill?

No. The garage can hold the vehicle as a lien for payment for work done on the car. Otherwise, it cannot hold a different or unrelated car for securing payment for unpaid work. Bailiffs cannot take control of a debtor's car while it on garage premises. The law says bailiff may only take control of a debtor's goods, where the debtor usually lives or carries on a trade or business, or any highway in England and Wales.

Can bailiffs get a warrant of entry to force entry to my home?

No. Bailiffs and High Court Enforcement Agents cannot get a warrant to commit breaking and entering any private home. They cannot get a locksmith to get inside anyone's home. Bailiffs can apply for a warrant to enter "specified premises" but that is not authority to break and enter anywhere occupied as a private dwelling, even if the writ or warrant specified the address for enforcement. Bailiffs can break into any property when executing a landlords Warrant of Possession for non-payment of rent.

Can a bailiff company demand to see my tenancy agreement to prove my son does not live at my house?

No. A company cannot be an enforcement agent because regulations state that an enforcement agent is an individual. Bailiffs do not have the power to search anyone's property to satisfy themselves the debtor does not live there, but if a bailiff forces his way into a person's property and refuses to leave, even if the address used to be occupied by the debtor, the occupant may sue for damages for £10,000 plus costs. Neil Tunstall vs Direct Collections Bailiffs Limited (DCBL) and Mr Hussain.

Do I have to prove games consoles belong to my child?

Yes. Bailiffs are not interested in children's toys when they are recovering an unpaid debt. They may threaten to take things sentimental to the debtor or children to spur them to pay the debt. The child's parent or guardian can make a claim to controlled goods, recover damages and apply for costs.

Can a bailiff seize a vehicle then reduce its value to nothing with storage costs?

No. Bailiff may only recover disbursements that are reasonably and actually incurred. If the bailiffs charge storage fees to store a vehicle, they are only recoverable if the bailiff can show the fee is reasonable and has actually been incurred. The debtor can dispute the storage fees and the bailiff must show evidence of the flow of money paid for storing the vehicle. If the vehicle is already sold, complete a DVLA form V888 and get the sale price of the vehicle and compare that with the bailiff's statement of account.

Have the courts decided what's reasonable for bailiffs to store a car?

No. The regulations do not set a fixed daily fee for storing a vehicle. Bailiff companies monetise vehicle storage to make a profit. The law says the bailiff may only recover disbursements that are reasonably and actually incurred. Apply for a detailed assessment of the bailiff's fees and charges and you can reclaim storage fees if the bailiff cannot show evidence of the flow of money paid for storing your vehicle.

If bailiffs have taken control of my vehicle, can I force them to sell it?

No. Enforcement regulations do not provide for an application to force the sale of controlled goods. Before a bailiff sells controlled goods, he must give the debtor a Notice of Sale not less than 7 clear days from removing controlled goods to sale.

Are bailiffs allowed to track a vehicle?

No. Anyone tracking a vehicle without the owner's permission commits stalking. the victim should call the police and may also apply for an injunction to stop the bailiff from tracking the vehicle. Nothing in enforcement provisions allow bailiffs to track vehicles and anyone finding a tracking device attached to their vehicle should hand the device to the police.

Can bailiffs enforce at my accountant's address? They are the registered office address.

No. Bailiffs can only take control of goods that belong to the debtor where the debtor lives or carries on a trade or business. Companies use their accountant's office for a contact address. Bailiffs cannot enforce against an accountant's premises because the debtor does not live or trade from there.

Is a bailiffs certificate authority to enter any home in England and Wales?

No. A Bailiffs enforcement certificate only enables them to take control of the debtor's goods at the debtor's address specified on the warrant of control or writ of control or on any highway in England and Wales. If bailiffs want to enter specified premises to take control of the debtor's goods, they must apply to the court for that authority separately.

Can bailiffs rely on a notice of enforcement delivered to an old address?

No. If the Notice of Enforcement (NOE) was given to the debtor by post to an old address, then it has not been given to the debtor. Section 7 of the Interpretation Act 1978 decides whether aq document was given by post. If the debtor can show evidence of their new address, the bailiff is unable to recover any fees and can recover them by making an application for a detailed assessment.

What happens if the bailiffs don't bother to do an inventory of my things in my car & it's all sold

Claim damages. If goods inside the vehicle have not been inventoried, then the bailiff has not complied with regulations that require an inventory of controlled goods and the debtor can recover damages for the breach.

If my car is worth over 5 times my debt and it also has private number plates, can they sell them together?

Yes. The car is sold with the number plates attached to it. There is nothing stopping the debtor from de-registering the cherished number plates leaving the controlled vehicle unregistered and the debtor can sell the number plate certificate without the car, or transfer the number plate registration to a new vehicle. If a cherish plated vehicle is sold by bailiffs, the debtor can download and complete DVLA form V888 and ask the buyer for the amount they paid for the car with the number plates, then ask the bailiff company for a statement of account and see whether the bailiff was truthful about the genuine auction price they sold the vehicle.

Do bailiffs have to tell me where and when my car will be auctioned?

Yes. Bailiffs must give a notice telling the debtor where the vehicle has been taken and tell the debtor the date time and place the vehicle will be auctioned. If the bailiff doesn't do either of these, the debtor can make a claim for damages for the breach.

After my car is sold at auction, when must the bailiff pay me the remainder after clearing my debt?

Now. Bailiffs must give the debtor a statutory notice not less than seven days before the sale. Enforcement regulations don't state that bailiffs must tell the debtor the sale price of the car. The debtor can ask the bailiff company for a Data Subject Access Request (DSAR) to get a Statement of Account and for the sale price of the goods, then download a DVLA form V888 and ask for the new keeper's details and ask the new keeper for the sales invoice for the goods showing the auction price they paid. If there is a difference in the auction price and new keepers' purchase price, then apply for a detailed assessment and ask the court to put the bailiff on strict proof of the true sale price of the car and show evidence of the flow of money in distribution of the proceeds of the sale. If the court finds there is a discrepancy, the debtor may recover costs and damages.

Can bailiffs blast their car horns and yell "Hello" when I don't answer the door?

No. Anyone shouting or blasting a car horn may be guilty of a breach of the peace. Debtors don't need to open the door to bailiffs.

Can a bailiff enter the communal area of flats if someone leaving the entrance refuses to let him in?

No. Bailiffs cannot break into communal areas to a block of flats. The communal area is not where the debtor lives or trades. A bailiff breaking into premises not specified on the enforcement power, may be guilty of an offence because he must have court authority to enter. If a person lets a bailiff into a communal area to a block of flats, e.g a landlord, workmen or a police officer, then access by this means renders everything that follows invalid.

What is the sentence for GBH on a bailiff who entered your property without consent?

None. Bailiffs cannot enter domestic property or dwellinghouse using reasonable force unless the bailiff applies to the court for that authority separately. If a bailiff is thrown off by the occupant, the occupant is not guilty of an offence. Likewise, if a bailiff gets beaten up by the occupant or smashes a milk bottle over the bailiff's head. A court can decide if a person may use force against a bailiff in self defence and prevention of crime. In assessing the reasonableness of the force used, a judge/jury will consider two questions: Was the use of force necessary in the circumstances, i.e. Was there a need for any force at all? and Was the force used reasonable in the circumstances?. The defence is strengthened if the court is shown the bailiff was not acting lawfully at the material time i.e acted in breach of the Schedule 12 enforcement provisions.

Can Bailiffs enter my children's room and take stuff like his PS4, TV, Lego sets etc?

No. Bailiffs cannot take control of goods that do not belong to the debtor or anyone under the age of 16.

Do bailiffs knock and then leave without leaving the notice at the enforcement stage visit?

Yes. Bailiffs do not need to leave a notice telling you they have attended while you were out. They often do and it's an aggressively worded document printed in red. The bailiffs might leave a document handing out of your letter box. Burglars do this when looking for an empty property.

Do bailiffs just hammer on the door for a while and then leave?

Yes If nobody answers the door the bailiff will move on. He will look for your car before moving to their next address. Do not answer your door to unexpected callers, or anyone wearing body armour and bovver boots. It usually means they want money. There are no enforcement provisions allowing bailiffs to break and enter domestic property unless the debt is unpaid HMRC tax.

Can bailiffs take my car for a debt taken out at my previous address by the owner of the house?

No You can apply to the court to stay the enforcement of the writ of control and set aside the judgment. If bailiffs have already taken your car, you can apply for interlocutory relief and recover damages.

Can bailiffs take my car parked outside my house on the street and not on the driveway?

Yes Bailiffs can take control of goods of the debtor on any highway in England and Wales.

Can a vengeful CCJ creditor pass the debtor's car registration to bailiffs?

Yes Bailiff can take control of any goods owned by the debtor. Bailiffs cannot take control of any vehicle that is on hire-purchase or parked on any private land that is not a highway.

Can bailiffs take a car from a closed private garden?

No. Bailiffs cannot break open locked gates or an entrance to any domestic property. If the garden is not the debtor's home the bailiff cannot take control of the debtor's goods there - unless the bailiff applies to the court for separate authority.

Can bailiffs get money or goods from a debtor's Will?

When a person dies, their money and belongings pass to their "estate". The bailiff cannot take control of goods that do not belong to the debtor. instead, the creditor must make a claim from the estate's executor.

Can a bailiff turn up at 9pm and start removing goods past 9pm?

Yes. Provided entry was made before 9 pm, he can remain on premises after 9pm.

Can bailiffs take my Koi Carp?

No. Domestic pets are exempt goods. If the Koi carp are owned by a company, the bailiff may take control of them but he is on the hook for their care while in his possession.

Can a debtor be deemed "too old" for bailiff enforcement?

No Enforcement regulations don't require debtors to be "too old" to be subject to enforcement. Regulations do provide some degree of protection for debtors who are vulnerable. Bailiffs cannot take control of goods or equipment required for the care of a person over 65.

Can I refuse entry to a bailiff entering my pub under the Licensing Act 2003 like anyone else?

No. Bailiffs may enter a pub provided he has authority to enter the address under the enforcement power he is carrying on him. If the bailiff is not lawfully acting in the execution of duty, for example, he refuses to show his ID or authority to be on the premises, any person in charge of the premises may use reasonable force to eject the bailiff from premises. If a police constable arrests, or threatens to arrest a person lawfully removing a bailiff from premises, the constable commits an offence.

Do I have to pay for the bailiff's fees if my landlord uses them for my own eviction?

No. Unless the landlord applies for costs against the tenant and the application is granted. Without an order for costs, the tenant is not liable for the bailiff's fees for executing a warrant or writ of possession.

Can a vengeful CCJ creditor pass the debtor's car registration to bailiffs?

Yes Bailiff can take control of any goods owned by the debtor. Bailiffs cannot take control of any vehicle that is on hire-purchase or parked on any private land that is not a highway.

How long does a bailiff have to leave between visits?

None. Regulations do not limit the time between attendances and there are no limits on the number of times bailiffs can visit.

I run a bar. A bailiff has made Controlled Goods Agreement containing alcoholic products, can the bailiff sell them?

No. An enforcement certificate does give a license to sell alcohol and bailiffs cannot sell alcoholic products at an auction because the auction premises are not licensed premises. Bailiffs could potentially sell alcoholic products privately provided the sale is not a retail sale.

Must a bailiff show ID if he enters commercial premises to take goods if it is unlocked?

Yes. The bailiff must on request show the debtor and any person who appears to him to be in charge of the premises evidence of his identity, and authority to enter the premises.^[1]

Who counts as a third party? - A bailiff cannot enter a property with the help of a third party

Any person or entity that is not named as the debtor is named on the enforcement power. A third party cannot assist bailiffs to enter a property. E.g. using a key held by a landlord, or workmen at the property.

Will a Bailiff contact other bailiff's when they see my house is sold?

No. Enforcement regulations do not enable bailiffs to share debtor information.

Will a bailiff take a damaged car after the insurance company said it would be a right off? Panel damage.

Yes. Enforcement regulations don't limit bailiffs taking control of damaged goods. Bailiffs must take considerable care to record the damage immediately before taking control of them, otherwise, the debtor can attribute the damage to the bailiff and recover damages in the cost of the repairs.

Will the same bailiff who did the Control Of Goods inventory turn up to take the goods away?

Not necessarily Both bailiffs involved must have an enforcement certificate to handle debtors' goods. If an uncertificated person handles controlled goods, then he may only do when he acts in the presence and under the direction of a certificated bailiff.

I paid my council tax but the bailiffs are demanding their fees.

When the amount outstanding has been paid to the council, the liability order ceases to be exercisable. The amount outstanding means the amount of the debt which remains unpaid. The bailiff's fees do not form part of the amount outstanding, therefore he cannot use the liability order to enforce payment of fees after the enforcement power has ended. The debtor is not off the hook for the fees, because they are prescribed in enforcement regulations. But there is no longer an enforcement power in respect of them.

Am I allowed to lean against the front door to stop a bailiff from entering by using a locksmith?

No. Bailiffs executing a writ of possession on a demised premises may use a locksmith to break open the locks. A bailiff executing a warrant for unpaid traffic debts, council tax or a High Court writ cannot break open any domestic property. A power to use reasonable force does not confer a power to commit breaking and entering. A person can lawfully use reasonable force in removing a bailiff without an enforcement power that has refused to leave, the bailiff resisting is the person guilty of a breach of the peace.

If the writ says bob but my real name is Robert, is the writ still valid?

No. A writ of control must specify a debtor that is a valid legal entity and only be enforced against that entity. The intended debtor can apply for damages for enforcement action taken under the writ because it is a "defective instrument". The bailiff can apply for a "slip rule" to amend the name of the debtor on the writ. The court has discretion whether the name Bob is intended to mean a particular debtor, or dismiss the application.

Can bailiffs enter army barracks where a debtor lives?

No. Bailiffs cannot enter army barracks without permission of the debtor's commanding officer (CO) and are subject to local bylaws. Only debts incurred by virtue of the Armed Forces Act 2006 may be enforced against a military debtor.

My son does not live at my address do I have to show bailiffs my documents to validate?

No. An occupant is under no statutory obligation to prove to bailiffs that another person (e.g., a debtor) does not live at the address. The case of Neil Tunstall vs Direct Collections Bailiffs Limited (DCBL) and Mr Hussain ruled that bailiffs do not have the power to search anyone's property to satisfy themselves that the debtor does not live there.

Can bailiffs clamp a car displaying a blue badge even when the debtor does not live there?

No. Bailiffs cannot take control of any vehicle displaying a blue badge and the debtor can sue for the breach by bringing an action against the creditor.

Not my debt so I sent bailiffs copies of my tenancy agreement, can they call to validate the info?

No. Bailiffs do not have the power to enter and search anyone's property to satisfy themselves if the debtor does not live there. If bailiffs force their way into a person's property and refuse to leave, even if the address used to be occupied by the debtor, the occupant may sue for damages for £10,000 plus costs.Neil Tunstall vs Direct Collections Bailiffs Limited (DCBL) and Mr Hussain.

My LTD company is closed. Can bailiffs hold me personally liable for its debts?

No. Bailiffs may only take control of the goods of the debtor named on the enforcement power where the debtor carries on its business. It the debtor company is closed, then it no longer trades and does not own any goods and the debt cannot be enforced.

A bailiff said a notice was given to me on a date before I moved into the address on the warrant. Is the warrant valid?

No. The warrant is a defective instrument because the enforcement address has been modified. A tenancy agreement, council tax bill or mortgage statement for the address that has a start date falling after the date the warrant was issued will show the warrant is a defective instrument. It is a criminal offence to modify an official court document.

Can bailiffs clamp a disability car that doesn’t belong to the debtor?

No. Bailiffs may only take control of goods only if they belong to the debtor. Any vehicle displaying a valid disabled person’s badge is exempt goods.

Bailiffs are looking for a previous occupant. Do I have to give them their new address?

No. You have no obligation to give bailiffs other people's addresses. If the bailiff has a warrant or writ of control that has your address for a person no longer living there, then the warrant or writ of control is a defective instrument.

My boyfriend has never lived at my address but received notice of enforcement. Can bailiffs enforce here?

No. Bailiffs can only take control of debtors' goods where they live. A concerned occupant can make a statutory declaration proving they have sole proprietorship over the property. A bailiff cannot enter and search property to satisfy himself that the debtor does not live there.

What happens if enforcement agent doesn’t turn up at the address when they are supposed to?

Bailiffs don't need to say when they will attend. The law says bailiff can only attend after 6am and before 9pm on any day not less than 7 clear days after the debtor is given the Notice of Enforcement, and not exceeding 12 months from the date on the Notice of Enforcement. It is the practice of bailiffs to turn up at a time they are least expected. They prefer to ambush debtors often early in the morning or under cover of darkness. This policy was introduced in 2007 by bailiff companies after a TV documentary production ambushed rogue bailiffs with TV crews at debtors' homes.

Can bailiffs take my Yorkshire terrier?

No. A Yorkshire Terrier is a domestic pet. Those are exempt goods.

Can bailiffs use trade buttons to enter communal areas of flats?

No Bailiffs cannot use third parties to gain entry. Accessing property using the tradesmen's buzzer renders all enforcement invalid.

Can bailiffs enter communal areas by following a tenant?

No. Bailiffs cannot use third parties to gain entry. Entry using this means renders all enforcement invalid.^[1]

Can bailiffs only take goods from my principle home if I own three properties?

Yes. The bailiff can take the debtor's goods from where the debtor usually lives or carries on a trade or business. If a bailiff wants to take control of the debtor's goods from elsewhere, then he must apply to the court for that power separately.

Can a bailiff company demand proof of a debtor's medical condition?

No. Enforcement regulations do not provide for bailiff companies to demand evidence of a debtor's medical condition. Debtors who are seriously ill are exempt from enforcement stage fees and charges, and the debtor can apply for a detailed assessment to recover them.

Can I get a bailiff to tell me why they think a debtor lives at my home when he never has?

Yes. Bailiffs cannot enter a property just to satisfy themselves if the debtor does not live there. They can only enter the property where the debtor lives.

Do I need proof that personal belongings were not bought by a company owing a debt?

No. Bailiffs believe they can reasonably believe that goods are the property of the named debtor, but this defence has been defeated in the case of Alenezy v Shergroup Ltd [2022] EWHC 777 (QB) (01 April 2022). The bailiff would know of the goods are those of the debtor if he made reasonable enquiries. The bailiff is liable for damages if he does nor make reasonable enquiries into their ownership.

Are bailiffs allowed to call on their own?

Yes. Bailiffs must have a valid enforcement certificate. Anyone without a valid enforcement certificate may not attend unless he is accompanied by a bailiff.

Can bailiffs say I will be arrested and bring locksmith to remove financed car?

No. Bailiffs cannot remove a car that is on hire purchase. The hire purchase car does not belong to the debtor until he exercises the option to purchase the car. Bailiffs have no power to get a locksmith to interfere with locks or remove a hire-purchase car. If a bailiff has threatened you with a locksmith to remove a car that is on hire purchase, then you can make a formal complaint to the court.

Can bailiffs take control of goods at a debtor's new address with a warrant states the debtors previous address (taken from the DVLA).

No Bailiffs cannot take a vehicle at a debtors new address under a warrant showing the debtors previous address. The law states the authority must re-apply for a new warrant of control specifying the debtors new address. Otherwise the Debtor can sue for damages for enforcement under a defective instrument

Can bailiffs take my new car for a PCN from my old car?

Yes Bailiffs can take control of goods only if they belong to the debtor, but they cannot make DVLA or police searches to find out a debtor new car registration.

I have proof my council tax has been paid. The bailiff continues to harass. What can I do?

Issue a Paragraph 59 Notice. If a bailiff is pestering you after you have paid your debt, then you must give the bailiff a Paragraph 59 Notice telling him the debt has been paid. Otherwise, the bailiff is not liable if he takes an enforcement step. If the bailiff takes control of your goods after giving him notice, you can apply to the court for the return of your goods, together with your damages and your costs.

Can bailiffs identify my car?

No. Unless the vehicle is the contravention vehicle in a road traffic debt or involved in getting the driver a magistrate's court fine, the contravention vehicle registration will be on the warrant of control. There is no other way the bailiff can find out if you have another car.

My son has the same name as me, can bailiffs enforce my son's debt against me?

No. The enforcement power is made against the debtor. If bailiffs take your goods to recover your son's debt or take a money transfer from you under the pain of taking your goods, then you can make a third-party claim. If the bailiff has not yet taken any goods or money, then you can make a statutory declaration.

What steps should bailiffs take to check a debtor's address?

None Bailiffs can only enforce where the debtor lives or carries on a trade or business, or on any highway in England and Wales. If bailiffs want to take the debtor's goods from other premises, the bailiff must apply to the court for that authority separately. If the enforcement power shows a wrong address for the debtor, then it is a Defective Instrument and the debtor can sue for damages.

What procedure must the bailiff follow when removing wheel clamps after enforcement is stopped?

The bailiff must give the debtor a written Notice of Abandonment. If the bailiff goes not give the debtor a written 'Notice of Sale', then the controlled goods or vehicle is abandoned and the debtor can retake them.

The bailiff removed the wheel clamps after the warrant was revoked but the bailiff did not contact me, is this wrong?

Yes. When bailiffs remove wheel clamps from a debtor's vehicle, regulations say the bailiff must as soon as reasonably practicable give the debtor a written notice. If the bailiff doesn't give notice, the daily rate of damages and losses for the unlawful deprivation of the vehicle continues.

How do I claim damages and losses for bailiffs clamping my car for someone else's debt

Make a claim. Bailiffs clamping your car to enforce a debt owned by another is in breach of regulations. The owner of the car may recover damages by making a claim.

Bailiff put a GPS tracker on my car, what should I do?

Call 999. If a bailiff has told you he has put a GPS tracker on your car, or you find an Air Tag or a Smart Tag on it the call police on 999. The bailiff commits an offence under section 2a of the Protection from Harassment Act 1997. Check behind the number plates, under the vehicle, and mudflaps. Take it to a hand car wash that uses a jet wash and thoroughly cleans the underside of the vehicle, in the doors openings, the boot, the base of the windscreen and the bonnet apertures. An electronic bug sweeper can go over your vehicle and you can recover the cost of the electronic vehicle sweep from the council or creditor the bailiff is acting for.

The bailiff has a "defective instrument". What can I do?

The enforcement power is defective if the debt being enforced is already paid to the creditor. The address for the debtor is not the debtor's current address. The debtor's name is wrong, or a court has cancelled, revoked, quashed, or set aside the enforcement power. When a bailiff takes money or goods under a defective instrument you can recover damages and where needed, an action to recover goods or money taken together with your legal costs.

Why do bailiffs always speak in a low voice?

Affectation. Bailiffs, police and government employees are trained to express authority with members of the public. These include speaking in a low voice, not shouting standing sideways, and not making sudden movements. Bailiffs must wear their body-worn camera, and it must be on.

Do I have to prove my identity to a bailiff?

No Nothing in enforcement regulations requires anyone to prove their identity to bailiffs.

Can bailiffs demand their fees after the council withdraws enforcement?

No. Bailiffs cannot recover fees and charges when the council stops enforcement. Any fee dispute can be resolved by the debtor applying for detailed assessment hearing and showing evidence of the council stopping enforcement.

If enforcement has failed do I make a claim against the creditor or the bailiff?

The Creditor. Creditors are liable for its agents. Debtors must never sue a bailiff or a bailiff company. They get solicitors to frustrate the process and make threats of costs to chase you away.

Can a High Court Enforcement Agent enter my home if I am vulnerable and on my own?

Yes. But there is a catch. Guidelines say bailiffs must withdraw if the only person present is deemed vulnerable. In any case, bailiffs cannot recover any enforcement stage fees and charges and the debtor can sue by applying for a detailed assessment hearing and ask the court for any goods or money taken to be returned.

Can a High Court Enforcement Officer enter my property if the writ has a different address and they have my name wrong?

No. A High Court Enforcement Officer (HCEO) is not the same as a High Court Enforcement Agent (HCEA) better known as bailiffs. Only bailiffs can enter and take control of goods. If the writ has a different address for the debtor then it is defective instrument and the debtor can sue. If the debtor's name on the writ is wrong, then it is defective, and the person the enforcement was taken against can make a third-party claim to controlled goods or money taken.

Can bailiff clamp an insured-only car not owned or registered to the debtor?

No. Bailiffs cannot take control of any car not owned by the debtor

I appealed my traffic debt to the TEC, but the bailiff took my car or a money transfer, can I get it back?

Yes. When you file a TE7/9 or a PE2/3, with the Traffic Enforcement Centre (TEC) the enforcement power is suspended until further order by the court. If bailiffs take an enforcement step, then the enforcement fails and you can apply to the court to recover the money or the vehicle taken and ask for your costs.

Can bailiffs leave a Notice of Enforcement with my neighbours?

No. The bailiff must give the debtor the Notice of Enforcement addressed to the debtor where he lives, or give it to him personally.

I've moved abroad, Can the bailiff chase me abroad?

No. Bailiffs can only take control of goods in England and Wales.

The bailiff failed to comply with a Subject Access Request. Can they still use my data in Court?

Yes. Failing to comply with a Data Subject Access Request is a breach of the Data Protection Act 2018 and the data subject may apply to the court to force the bailiff company to make disclosure or make a complaint to the Information Commissioner. If a bailiff company said your data or body-worn camera recordings are deleted they cannot reuse the data at court without attracting liability for a breach of the Data Protection Act 2018.

When can bailiffs add the £110 towing fee on top of the enforcement stage fees?

When removing goods. Sale stage fees can only be applied after the bailiff has taken control of goods using the prescribed procedures.

Can I claim back the costs for filing an N244 form for a 3rd party claim?

Yes. You can apply for your costs in any application even if you are a litigant in person.

Can bailiffs clamp a vehicle if it is worth less than £1,350?

Yes.The only exceptions are the vehicle is used in someone's work trade or education, the vehicle does not belong to the debtor or is being used by someone.

Can a limited company own your belongings, and not be applicable for enforcement?

No. When a writ of control is issued to the enforcement agent, all goods of the debtor become bound under the enforcement power. This means the debtor cannot dispose of them. Binding of the debtor's goods takes place either when the bailiff is instructed, or the debtor is given a Notice of Enforcement. An exception is the assignee acquiring the goods in good faith.

When an unpaid utility bill ends in a CCJ, can you just pay the balance with the provider?

Yes, however, apply to the court to mark the judgment as satisfied by applying for a Certificate of Satisfaction on a Form N443.

Can bailiffs seize goods by changing locks to commercial premises?

Yes. Bailiffs can secure debtors' goods by changing the locks on the premises containing them. This is risky for bailiffs and they must carefully assess that risk, otherwise the creditor is on the hook for failed enforcement.

If you have nothing of value that belongs to you personally, what can bailiffs do?

Return the case to the creditor. The creditor can choose another way to recover the debt

A bailiff called for my ex, can he ask to see my council tax bill?

Yes. When a bailiff is shown evidence the debtor does not live at the address, he must withdraw from the property otherwise, he is liable to pay the occupant the sum of £10,000. Neil Tunstall vs DCBL and Mr Hussein.

Can bailiffs take a locked safe without knowing the contents?

Yes. The same applies to taking a locked vehicle or van without knowing what is inside. If the goods contain further goods, and the bailiff did not make an inventory, then he is liable for their replacement cost if they go missing. The bailiff is liable for damage to the safe if he breaks it open.

What happens if bailiffs come to your new address with a writ or warrant showing your old address?

Enforcement fails.The wrong address on the writ of control is evidence the debtor has no prior knowledge of the debt. The writ or warrant is a defective instrument and the debtor can apply for the return of any goods or money taken and ask for costs.

Is a High Court Enforcement Officer (HCEO) personally liable for bungled enforcement by his bailiffs?

Yes. The Writ of Control confers the enforcement power to the HCEO named on it. Debtors can sue the HCEO for botched enforcement by a bailiff instructed by the HCEO.

Can bailiffs take a touring caravan from your driveway?

Yes. Bailiffs may take control of goods that belong to the debtor from where he lives. Install some gates across your driveway and lock them. Bailiffs cannot climb over a locked garden or driveway gates.

Can bailiffs break the wheel clamp securing a towing caravan?

No Bailiff cannot break the debtor's goods. A towing caravan occupied by someone as their principal home is exempt goods.

Can a bailiff clamp my car while I am sitting in it?

No. A bailiff cannot clamp a car that is being driven by someone because it is likely to cause a breach of the peace.

Can bailiffs enter my house to enforce an unpaid parking ticket?

Yes. Bailiffs can enter homes to recover an unpaid parking ticket, but they cannot use force (breaking and entering) or violence against people.

Can bailiffs take my home other than for a mortgagee to take possession?

No. Bailiffs recovering a debt cannot take caravans occupied by someone as their home, or take control of land or non-movable buildings.

Can bailiffs use a neighbour's mobile phone to pretend to be my neighbour?

No. Calling someone pretending to be somebody else is fraud by false representation contrary to section 2 of the Fraud Act 2006. This behaviour may also be malicious.

Can bailiffs ignore a stay of execution of a Writ of control?

No. Taking an enforcement step after the writ of control has been stayed is in breach of Paragraph 6 of Schedule 12 to the Tribunals Courts and Enforcement Act 2007. The debtor can sue for the breach. If goods have been removed, the debtor can recover damages plus costs. The debtor can also apply for an order for the return of removed goods, or money taken by the bailiff.

Can bailiffs photograph my house about a debt not owed by me?

Yes. There is no legislation saying anyone can take photographs of anyone's home. There is no genuine need for bailiffs to photograph people's homes because they can get that information online with Google Maps Street View. The behaviour might be an offence of harassment and should be reported to the police or, you can apply for a restraining order. Under section 47 of the Data Protection Act 2018, you can give notice for the pictures to be destroyed.

Can bailiffs get access to my home through my landlord?

No. Bailiffs cannot enter your home by asking your landlord for the keys. Miller v Curry [1893]

Can bailiffs leave enforcement notices exposed outside the entrance of my flat?

No. Bailiffs may only give the Notice of Enforcement either by post addressed to the debtor by delivery through the letterbox, and where there is no letterbox, place it where it is likely to come to the debtor's attention.

If bailiffs don't show up for an eviction, does it revoke the eviction order?

No. Bailiffs unpredictably appear to prevent ambushes by TV crews showcasing rogue bailiffs. The order stays in force until the court cancels or postpones it, typically upon the respondent's successful application.

Can a bailiff take cremation jewellery and wedding rings?

Yes. A bailiff can take control of debtor-owned goods. Regulations exempt certain categories of goods from enforcement. Jewellery and cremation rings are not among the exempt goods.

This page was last updated on 11 April 2024