A bailiff or other person snatched keys or a phone out of your hand

That person commits breach of the peace and is a breach of paragraph 13(3) Schedule 12

 

Items can include

Mobile phone, tablet PC or a video camera.

Keys

Cash

A machine such as a television that is switched on

Motor vehicle being used by somebody

 

 

Paragraph 13(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

(3)Regulations may make further provision about taking control in any of the ways listed in sub-paragraph (1), including provision

(a)determining the time when control is taken;

(b)prohibiting use of any of those ways for goods by description or circumstances or both.

 

 

Regulation 10(2) of the Taking Control of Goods Regulations 2013 states;

 

10.—(1) The enforcement agent may not take control of goods of the debtor where

(a)the debtor is a child;

(b)a child or vulnerable person (whether more than one or a combination of both) is the only person present in the relevant or specified premises in which the goods are located; or

(c)the goods are also premises in which a child or vulnerable person (whether more than one or a combination of both) is the only person present.

(2) Where an item which belongs to the debtor is in use by any person at the time at which the enforcement agent seeks to take control of it, the enforcement agent may not do so if such action is in all the circumstances likely to result in a breach of the peace.

(3) In paragraph (2), “in use” means that the item is in the hands of, or being operated by, the person.

 

 

 

A motor vehicle that is being used by someone includes vehicles parked away from its registered address, and seizing it (or clamping it) leaves them stranded.

This includes seizure of a vehicle after being stopped in a police road-block operation.

 

Make a sworn statement proving the goods were in use by any person when the bailiff took control of it.

 

 

 

An action can be brought 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.

 

Here his how to bring the proceedings