The Enforcement Agent refused to show you the Writ

Enforcement fails because it is a breach of the Schedule 12 enforcement regulations

 

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

26(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.

The writ is court authority to enter premises.

 

If the bailiff refuses to show the writ then everything fails, and he is unable to charge any fees. Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states;

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

and you can reclaim the by having a detailed assessment hearing.

 

Paragraph 26 is a component of that Schedule and you can bring an action 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.

(7)Sub-paragraph (5) is without prejudice to any other powers of the court.

(8)Sub-paragraph (5)(b) does not apply where the enforcement agent acted in the reasonable belief—

(a)that he was not breaching a provision of this Schedule, or

(b)(as the case may be) that the instrument was not defective.

 

 

 

Ask to see the writ when the bailiff is wearing a Bodycam

If the bailiff was wearing a bodycam when he refused to show the writ, then make a request for the bodycam footage. If they refuse to disclose, then you can ask the court to strike out their defence.

 

 

 

Reasons bailiffs conceal the Writ

It has the wrong address

The wrong name

Its out of time

It is defective in some way

Its a forgery

 

Check whether you have any County Court Judgments via Trust Online, (fee applies)

 

 

 

The bailiff company produces the writ AFTER he attended.

Changes nothing. Enforcement is still invalid.

 

Paragraph 26(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

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