Complaints, evidence and legal remedies
This topic hub brings together National Bailiff Advice guidance on complaints, evidence and legal remedies in England and Wales. It is designed to help you reach the most specific legally checked guide for your situation without replacing the detailed guidance on those pages.
Guides in this topic
How To Share Your Bailiff Story With The MediaJournalists are keen to investigate and create TV documentaries if bailiffs have wronged you and dismissed your complaint with excuses.Arrested Or Charged With A Bailiff-Related Crime?If the court has already found you guilty, you may have grounds to appeal.You Were Hurt Assaulted Or Attacked By A BailiffIf so, the bailiff broke the law, and you can seek compensation under Paragraphs 24(2) and 31(5) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.Damages For Business DefamationThe debtor can bring the action under Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007 by making an application under Civil Procedure Rule 84.13.Requesting a chargeback for an enforcement paymentA chargeback is a contractual card-scheme process, not a court ruling that enforcement was unlawful.When police say an enforcement dispute is a civil matterSome disputes are civil or procedural; others may disclose an offence.Sorry, It's Data Protection Act!Bailiff companies use this tactic to obstruct the resolution of disputes between debtors and creditors.Council Fobbed You Off With "Contact The Bailiffs"If the council tries to divert your enquiries by saying, 'It's in the hands of the bailiffs,' you have the right to stand your ground.Getting Your Data From A Bailiff CompanySection 45 of the Data Protection Act 2018 allows you to request your data from a company via a Data Subject Access Request (DSAR).Restraining Unlawful Bailiff Action With An InjunctionYou may apply to restrain a bailiff from taking enforcement action under the following circumstances:Making A Formal Complaint To A Council And Then To The Local Government OmbudsmanAll councils and local authorities adhere to a structured three-stage complaints process before you can involve the Local Government Ombudsman (LGO).Paying to secure release and later seeking recoveryPay and reclaim is not a single statutory procedure and does not guarantee repayment, damages or legal costs.False Arrest And Unlawful ImprisonmentFurthermore, a police officer also commits an offence if they threaten to arrest with the intent to benefit someone else or disadvantage the victim.Prosecuting A Bailiff Or Enforcement AgentInitially, you must report the offence to the police , allowing them the opportunity to investigate and apprehend the suspect.The Offence Was Prosecuted Out Of TimeThese offences may include traffic contraventions, prostitution, shoplifting, possession of Class B substances, and other minor offences.Reporting suspected criminal conduct during enforcementSome enforcement disputes are civil or procedural; some conduct may disclose a criminal offence.Bringing Court Action For Non-Compliant Bailiff EnforcementIf the enforcement relates to a High Court Writ, the debtor can seek damages for enforcement breaches from the High Court Enforcement Officer named on the Writ of Control.Ofcom Complaints About Bailiffs On TVOfcom has upheld this complaint made by Ms Y on her own behalf and on behalf of her daughter (a minor) of unwarranted infringement of privacy.