Bailiff wrote "Paid Voluntarily" on a document

Bailiffs label a document "Paid Voluntarily" after a transfer, barring recovery. Court returns money taken under duress or pain of removing goods.

This typically occurs when the individual compelled to pay isn't the debtor, or when the warrant or writ bears a different name.

The Law:

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

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

You have options for redress, including initiating a chargeback

or commencing a case in the small claims court. In your testimony, you need to compile evidence establishing that you are not the debtor and assert that the bailiff annotated the document subsequent to your compelled money transfer. It's crucial to clarify in your statement if the bailiff seized your goods or issued threats to do so.

If you decide to pursue a claim, you must:

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

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

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

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

Collate bank statements showing the sum amount and date of transfer

Get Witness Statement from anyone else present

Bailiff conduct constitutes a violation under Section 2 of the Fraud Act 2006 as the assertion of voluntary payment is deceptive. This can be reported to the police. Possessing a crime reference number or a conviction simplifies the process of reclaiming the funds.

The Law:

Section 2 of the Fraud Act 2006 states:

Fraud by false representation

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

(a)dishonestly makes a false representation, and

(b)intends, by making the representation—

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

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

(2)A representation is false if—

(a)it is untrue or misleading, and

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

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

(a)the person making the representation, or

(b)any other person.

(4)A representation may be express or implied.

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