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If a bailiff charges for work he has not done, he commits an offence of fraud.


On 20 April 2007, In the House of Lords, Lord Lucas asked Her Majesty's Government: (See under Crime Fraud)

Whether a bailiff who repeatedly charges for work that has not been done commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter.

The Minister of State, Home Office (Baroness Scotland of Asthal):

"A bailiff or any other person who dishonestly charges for work that has not been done will be committing an offence under the Fraud Act 2006".

It means if a bailiff has charged you fees in advance then you do not have to pay them. That includes "van fees" or "attendance" fees and other unusual fee descriptions then they may be committing fraud. This is confirmed in paragraph 62 of Complaint numbers 95A01890 and 95A04826 against London Borough of Ealing the Local Government Ombudsman decided the bailiff is not entitled to charge a van fee when no goods have been levied.

If a bailiff company is training bailiffs to defraud debtors then the directors of that company are guilty of an offence under Section 993 of the Companies Act 2006 and/or Section 8 of the Accessories and Abettors Act 1861.

There is lots of case law governing the rights of bailiffs and charging of fees which can be used in the reclaiming of unlawful fees in the small claims court.

See Also: Daily Telegraph article.

If you've lost money to any type of fraud, report it to Action Fraud using Action Fraud’s online fraud reporting tool or by calling Action Fraud on 0300 123 2040. If you know the criminals behind doorstep fraud or any type of fraud, contact Crimestoppers anonymously on 0800 555 111 or by using their secure online form. Police follow a list of criteria for deciding whether to investigate a fraud. You must learn the criteria and set out your complaint so it fits neatly into it. Otherwise police will summarily fob your complaint.