The bailiff refused show the warrant or writ

Everything that follows is revoked.

 

The authority that provides bailiffs to enter premises or property is conferred in a warrant of control, or a writ of control.

A liability order for council tax is not authority to enter premises. It is only authority to take control of the debtors goods and sell them to pay the debt.

 

Paragraph 26 of Schedule 12 of the Tribunals, Courts and Enforcement's Act 2007 states;

(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—

(a)his identity, and

(b)his authority to enter the premises.

(2)The request may be made before the enforcement agent enters the premises or while he is there.

 

When a bailiff failed to show evidence of his authority to enter premises when demanded by debtor (or person in authority of the premises being attended), then he is in breach of paragraph 26(1)(b) of the Schedule 12 procedure. That means everything that follows is invalid and a debtor can sue for damages and recover all goods or vehicle taken. Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement's Act 2007 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.

 

 

You bring an action to recover a vehicle that has been taken under paragraph 66(5) of Schedule 12 of the Tribunals, Courts and Enforcement's Act 2007 states;

(5)In the proceedings the court may—

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

 

 

You can also recover all fees and charges paid. As paragraph 26 of Schedule 12 is a component of the Schedule 12 enforcement procedure, the bailiff is unable to charge fees. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states;

3. These Regulations apply when an enforcement agent uses the Schedule 12 procedure.

 

 

Magistrates' Court fines

It is the practice of Marston Holdings, Collectica, and Excel Civil Enforcement to show debtors a forged warrant. This article explains how to tell whether the warrant is a fake.

If it is a forged document then the bailiff has failed to show authority to enter premises and you can bring an action under paragraph 66 of Schedule 12.

 

 

 

Proving your claim

You must support your claim with a sworn affidavit.

 

 

 

For the time being you can still make the bailiff produce evidence of the warrant of control or writ of control.

Use this template and non-compliance puts him in breach of the above regulations.

 

 

Here is how to bring a claim in the small claims court but if the bailiff produces his ID after the enforcement event, then you can still make a claim. Paragraph 26(2) of Schedule 12 states;

 

(2)The request may be made before the enforcement agent enters the premises or while he is there.

 

That means if the bailiff produces the warrant of control or writ of control after leaving the premises, it does not protect him from liability.

 

 

Formal complaint

This probably wont get your money back, or your vehicle returned, but you can also make a formal complaint addressed to the council/court or creditor enclosing the sworn affidavit. You ask for everything to be refunded and where applicable, all goods/vehicle be returned to you at their expense under paragraph 66(5)(a) of Schedule 12, again which states;

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

 

 

Formal complaint letter and "letter before action" asking for your goods or vehicle back.