The bailiff damaged your property, goods or vehicle.

The bailiff and the creditor are liable jointly and jointly and severally.

 

Paragraph 35 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

35(1)An enforcement agent must take reasonable care of controlled goods that he removes from the premises or highway where he finds them.


(2)He must comply with any provision of regulations about their care while they remain controlled goods.

 

 

Regulation 34 of the Taking Control of Goods Regulations 2013 states;

Care of controlled goods

34.—(1) Where the enforcement agent removes controlled goods, other than securities, from premises or a highway where the enforcement agent has found them—

(a)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;

(b)the goods must be removed to storage, unless the goods are removed for sale; and

(c)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.

(2) The enforcement agent must not remove controlled goods to a place where there would be at any time a contravention of any prohibition or restriction imposed by or under any enactment.

 

 

Paragraph 63 of the Taking Control of Goods: National Standards 2014 states;

Enforcement agents must ensure that goods are handled with proper care so that they do not suffer any damage or cause damage to other goods or property, whilst in their possession. Enforcement agents should have insurance in place for goods in transit so that if damage occurs this is covered by the policy.

 

If the goods are damaged or destroyed, then the debtor can bring an action against the bailiff company and the creditor under paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states;

 

 

66(1)This paragraph applies where an enforcement agent—

(a)breaches a provision of this Schedule, or

(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.

(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.

(3)But the debtor may bring proceedings under this paragraph.

(4)Subject to rules of court, the proceedings may be brought—

(a)in the High Court, in relation to an enforcement power under a writ of the High Court;

(b)in a county court, in relation to an enforcement power under a warrant issued by a county court;

(c)in any other case, in the High Court or a county court.

(5)In the proceedings the court may

(a)order goods to be returned to the debtor;

(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.

(6)A related party is either of the following (if different from the enforcement agent)—

(a)the person on whom the enforcement power is conferred,

(b)the creditor.

 

 

Contact me if you would like to start work making a claim. Otherwise you can bring an action at court.

 

Make an affidavit proving the damages caused by the bailiff.

 

Evaluate and total up the cost of repairs, or compensation if the damage is not economically repairable (e.g. damage the surface of a new driveway)

Then write to the creditor (or council/court) informing them of the damages and offer them to chance to pay you and set a deadline, enclose your sworn statement of truth.

 

Give the creditor an opportunity to pay your damages.

 

No payment received, or you receive excuse letters "we will make an investigation", then start the proceedings.