Taking Bailiffs to Court
For claims under £10,000Initiate legal proceedings against the creditor as the Defendant. There is no necessity to pursue legal action against the bailiff or their firm. The creditor, being responsible for its representatives, recovers the funds from the bailiffs subsequently.
The claim is filed at Money Claim Online
See Guidance form EX50 for the breakdown of fees, which fluctuate depending on the amount being claimed.
If you have a low income, apply for Help With Fees (HWF) and include the application reference number on your form N1.
The claims procedure is in four stages
Letter of Claim
It must consist of these four elements
Letter before action
Remember, you must be able to prove your losses.
County Courts tend to be unsympathetic towards individuals deemed debtors. It's crucial to ensure that your claim is indisputableSend it to:
Send it via standard postal service and obtain a certificate of posting. Email a duplicate (paste the content directly into the email body, not as an attachment) to the creditor/council/authority (defendant) and capture a screenshot of the sent emails. Avoid using recorded delivery, as the recipient may decline to sign.
Once your deadline has elapsed, proceed to issue the claim.Issue the claim
Example claim particulars:
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On 15 September 2024, the defendant, without prior notification, sent an Enforcement agent who took control of the claimant's BMW registration AB12 3CD from High Street, London SW1 1AA, concerning an outstanding traffic debt owed to the defendant. On 29 September 2024, the claimant settled the debt and retrieved the vehicle, but it was found to be damaged. The claimant is seeking £4995 for repair costs, along with interest pursuant to section 69 of the County Courts Act and costs sanctioned by the court.
The court will send the defendant the Notice of Issue
The defendant has 14 days to acknowledge the claim, and a further 14 days to defend or pay the claim.
If there is no payment and no defence made, you apply for default judgment and enforce payment by applying for a 3rd Party Debt Order served on their bank who will transfer the money to you.
If you receive an acknowledgment of service and a defence, then allocate the claim to the small claims track.
Allocate the claim to the small claims track
The court will ask you to complete a form N150 Allocation Questionnaire
You can ignore any defence presented by the bailiff company. They are not involved as a party in your claim.
Common boilerplate defences given include:
Gather all received correspondence and include it as exhibits with your witness statement.
Close the claim only when the funds have been deposited into your account.
Email the defendant:
providing details of the hearing date, time, court venue, and claim number. After sending the email, capture a screenshot recording the time it was sent. This measure prevents the defendant from claiming ignorance of the hearing date and attempting to retrospectively set aside the judgment.
Hiring a solicitor
You are unable to recover solicitor's fees in claims below £10,000, and the defendants cannot do so either, unless your action is deemed an abuse of process under CPR 3.4(2). The defendant will be responsible for covering their own solicitors' costs.
If you opt for a hassle-free approach and decide to enlist a solicitor to represent you, then contemplate submitting a CPR 85.16 application instead.
Once the claim has been assigned to your home county court, draft a witness statement accompanied by exhibits, including the screenshot of the email sent to the defendants, along with a skeleton argument. Submit copies of the witness statement with exhibits to the court and await instructions from the judge.
It's likely that the judge will issue directions instructing you to provide copies of your statement with exhibits to the defendants. "Paginated Hearing Bundle"
Prepare duplicates of the skeleton argument and your witness statement with exhibits: one for yourself, one for the court, and one for each of the defendants.
Attend the hearing
Do not engage in conversation with the opposing solicitor, and decline to accept any documents handed to you. They may be attempting to gather information.
Provide a copy of the skeleton argument to the usher and request it to be placed in front of the judge. Offer a copy to the opposing solicitor, or leave it on a nearby table if they do not accept it from you.
Tips for attending court
Arrive punctually.
Dress neatly.
Bring pen and paper; jot down all details—rely on notes, not memory.
Maintain composure; take deep breaths before entering.
Avoid interrupting the judge or opposing party; your turn will come.
Speak clearly and slowly; avoid mumbling.
Refrain from repeating yourself.
Remain impartial; steer clear of distractions.
Do not accept payment promises without a court judgment.(e.g. a "Tomlin Order")
Note down any questions and ask them when prompted by the judge.
Maintain politeness regardless of the outcome.
The legislation applicable to your claim varies depending on whether you are the debtor or a third party.
Debtors initiate proceedings under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007.
Third parties initiate proceedings under Sections 3 and 4 of the Torts (Interference with Goods) Act 1977.
The Law:
Paragraph 66 of Schedule 12 of Tribunals Courts and Enforcement Act 2007 states:
66(1)This paragraph applies where an enforcement agent—
(3)But the debtor may bring proceedings under this paragraph.
(4)Subject to rules of court, the proceedings may be brought—
(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—
Section 3 of the Torts (Interference with Goods) Act 1977 states:
(1)In proceedings for wrongful interference against a person who is in possession or in control of the goods relief may be given in accordance with this section, so far as appropriate.
(2)The relief is—
(6)An order for delivery of the goods under subsection (2)(a) or (b) may impose such conditions as may be determined by the court, or pursuant to rules of court, and in particular, where damages by reference to the value of the goods would not be the whole of the value of the goods, may require an allowance to be made by the claimant to reflect the difference.For example, a bailor’s action against the bailee may be one in which the measure of damages is not the full value of the goods, and then the court may order delivery of the goods, but require the bailor to pay the bailee a sum reflecting the difference.
(7)Where under subsection (1) or subsection (2) of section 6 an allowance is to be made in respect of an improvement of the goods, and an order is made under subsection (2)(a) or (b), the court may assess the allowance to be made in respect of the improvement, and by the order require, as a condition for delivery of the goods, that allowance to be made by the claimant.
(8)This section is without prejudice—