Bailiff Failed To Give You A Valuation

In brief

Paragraph 36(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 requires the enforcement agent, before the end of the statutory minimum period, to make or obtain a valuation of the controlled goods in accordance with regulations and to give the debtor, and separately any co-owner, an opportunity to obtain an independent valuation.

Jurisdiction: England and Wales. Explore the Controlled goods, exemptions and ownership topic hub.
On this page

Paragraph 36(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 requires the enforcement agent, before the end of the statutory minimum period, to make or obtain a valuation of the controlled goods in accordance with regulations and to give the debtor, and separately any co-owner, an opportunity to obtain an independent valuation.

What the valuation must contain

Regulation 35(2) of The Taking Control of Goods Regulations 2013 provides that, where the enforcement agent personally makes the valuation, it must be written and signed, identify the enforcement agent, reference number or numbers and date, and state a separate value for each item where appropriate. A copy must be given to the debtor and any co-owner.

Where the enforcement agent obtains the valuation, regulation 35(3) of The Taking Control of Goods Regulations 2013 requires a qualified independent valuer, a written valuation, separate item values where appropriate, and copies for the debtor and any co-owner.

Best price and conduct of sale

Paragraph 37(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 requires controlled goods to be sold or disposed of for the best price that can reasonably be obtained in accordance with Schedule 12 to the Tribunals, Courts and Enforcement Act 2007.

Where sale is by public auction, regulation 43 of The Taking Control of Goods Regulations 2013 requires it to be conducted by a qualified auctioneer or, for an online auction, by an auction provider independent of the enforcement agent.

Evidence where value or sale price is disputed

Request the written valuation, valuer's identity and qualification, photographs and condition report, auction catalogue and lot description, reserve, bid history, sale invoice, buyer's premium and charges, auctioneer's statement, payment record and the post-sale account of proceeds. Compare like with like: age, mileage, specification, condition, provenance, location, sale method and the forced-sale context all matter.

Completed listings and dealer or auction comparables may be useful evidence, but they are not automatically conclusive. A retrospective report from an appropriately qualified independent valuer may be needed.

Important correction: never make, ask another person to make, or support a false statement on a DVLA form or to any public authority. Evidence must be obtained honestly and lawfully. A deliberately false account of an accident or other supposed “reasonable cause” may expose the maker to serious civil or criminal consequences.

Possible court routes

A proved breach of the valuation or best-price duties may engage paragraph 66 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 and rule 84.13 of The Civil Procedure Rules 1998. A dispute about recoverable enforcement fees is different and is governed by regulation 16 of The Taking Control of Goods (Fees) Regulations 2014 and rule 84.16 of The Civil Procedure Rules 1998. The appropriate route and recoverable loss depend on the particular facts and evidence.

Primary and official sources linked on this page

These links are included to make the underlying legal or official source material easier to verify.

Bailiff Damaged Your Car After Removing ItOnce controlled goods are removed, the enforcement agent owes express statutory duties concerning their care, condition and storage.Bailiffs And Controlled Goods AgreementsA controlled goods agreement is one of the statutory ways in which an enforcement agent may take control of goods.Bailiffs And Exempt GoodsAn enforcement agent may take control only of goods that are not exempt, subject to the statutory scheme.Making A Third-Party Claim To Controlled GoodsParagraph 10 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 provides that an enforcement agent may take control only of goods of the debtor.Protecting your goods and vehicle lawfullyUse lawful exemptions, ownership evidence and court procedures; do not hide, transfer or interfere with goods once they are bound by an enforcement power.