Speak to a BAILIFF Expert - £35

Your vehicle was under-sold.

 

If your vehicle was under-sold for a price considerably lower than it would have fetched at a legitimate auction then make a claim against the COUNCIL or if this is a court fine then the claim is made against the Secretary of State for Justice and name the bailiff company as the 2nd defendant in the small claims court.

You claim for the diminished value of the vehicle, unjust enrichment and for and the excessive charges for levying on it, but first, you must build a case.

When a car is sold, get the new keeper details and ask for price paid and bill of sale, then apply for a detailed assessment. Download a form V888 from the DVLA and complete Option B.

In part 1 of the form, complete your details,

In part 2 of the form, leave everything blank except Tick 'Other'.

In Part 3. Enter the registration, and enter. To ask the new keeper how much they paid for the vehicle because the auctioneer's seller's declared sale price does not match its value.

Use the buyers purchase price in evidence in an application for a detailed assessment under CPR 84.16, becuase it shows the bailiff was dishonest about the sale price for the car (embezzlement).



You can claim restitutional damages because you have a right to recover the gain made by the bailiff when sold your car. This is a different approach from claiming compensation which is much harder in the civil courts.

You can estimate the true auction value of your vehicle by searching eBay under listings of cars similar to yours sold in the last 30 days and print the listing because you will eventually need these to support your statement.

You must obtain a copy of the AUCTIONEERS RECEIPT proving the sale value.

DO NOT rely on a bailiff company's word. If you cannot get the auctioneers receipt then you can ask the bailiff company director to make a sworn statement of truth proving the sale value, and a refusal indicates you may have been defrauded. At the claim hearing, the judge can put the bailiff company director in the witness box on oath.

You can obtain the present keepers name and address from the DVLA for a small fee and you can go round and ask for a copy of the SALES RECEIPT (photograph it using your mobile). If the sum the present keeper paid is different to the bailiffs sum then you have proven fraud by misrepresentation on the part of the bailiff company. This is a criminal offence called Fraud by False Representation under Section 2 of the Fraud Act 2006. There is potentially an offence under Section 993 of the Companies Act 2006. If the bailiff followed a company policy then there is a further liability under Section 12 of the Act

Complaints are often about excessive storage fees or "costs". County courts regularly do not accept bailiffs charging £20 a day to be a true estimate of the actual costs of storing a vehicle. So reclaiming these is very easy.

Provided the sale price is enough to pay the liability or the fine then you don't any any more money because the liability is paid first before the bailiffs takes out their fee. Any balance of costs due to the bailiff is a civil dispute between you and the bailiff company.

Costs are only for disbursements the bailiff has paid in removing your goods. If the bailiff is unable to prove his disbursements then he is unable to show it is reasonable costs. That is the position of District Judge Avent during the case of Culligan vs. Marston Group Ltd et-al, no. 8CL51015.

 

The following is a checklist to see if you have any redress with the bailiffs and having your vehicle recovered or claim the replacement cost of it.

 

Is your vehicle on Finance? If yes then hooray! - Your lender needs to report the vehicle stolen and when the vehicle passes an ANPR equipped police car it will be stopped.

Is it a blue badge (disabled badge) vehicle or a Motability car? These are exempt vehicles and anyone having a Motability car is exempt from civil enforcement action because they are a vulnerable household.

Is the vehicle is registered in somebody else's name? The owner reports the vehicle stolen and it will be stopped if the police see it being driven on the road. Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007.

If your vehicle contained a laptop, mobile phone, iPads or any goods on a cellular contract then you can claim damages for improper taking control of goods and for seizure of intellectual property and personal data especially bank details where security is now at risk. Here is more.

Did the bailiff leave a Notice after Entry? If not then you can claim Irregular Distress and recover the vehicle, or if it has already been sold, its replacement cost is recoverable in the small claims court.

 

For Council tax debts only: If yes to any of the above, then you can appeal against the levy to a MAGISTRATES Court under Regulation 46 of the Council Tax (Administration and Enforcement) Regulations 1992 because it is what is called an "irregular distress" and a simple letter to the magistrate's court is all you need. There is a £200 fee to pay so economically a claim in the county court might be more appropriate and you have a right under Steel Linings Limited, Mark Harvey v Bibby & Co [1993] EWCA WL 964281 to choose the court to apply for a remedy.

For Council tax debts only: Are you unemployed, or in receipt of a prescribed benefit? The council has not complied with council tax regulations relating to the Deduction of benefits. Make a formal complaint.

For Council tax debts only: Did you ever receive a FINAL NOTICE or a REMINDER from the council before you received a visit from a bailiff? If you didn't then you can revoke the levy on these grounds,

For court fines, did you receive a collection order from the court before you received a bailiff? Make a formal complaint or run this checklist of other known irregularities.

For other debts except council tax, you make a Formal Complaint to the council or the creditor. If you are fobbed off with excuses, then you make a Formal complaint about the certificated bailiff and enclose a copy of the excuse letter, and make a complaint of Irregular Distress.

If this is a High Court Enforcement Officer then you make a non-money claim using a Form N1 asking for your goods to be returned or in the alternative the money to buy the replacement goods on a like for like basis. HCEO's cannot claim betterment because its an insurance term that applies to property or land. Claims for wrongful action or an HCEO are always made against the creditor.

If the debt is not yours, or the vehicle (or goods) is exempt goods, then you can make, what is called, an Claim to Exempt goods

Regulation 48 of the Taking Control of Goods Regulations 2014 only provides for the OWNER to make an application to the court that created the liability or judgment or fine, claiming that goods of which control has been taken are that person's and not the debtor's. This information is required by law to be provided as part of the inventory of goods on the Regulation 15 Controlled Goods Agreement provided by the Enforcement Agent.