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Have the bailiff pay your debt for you.

For this to work, two things need to happen

1. A bailiff clamped you, levied goods and is taking them, or overcharged you for:

a) Attendances not made

b) Letters not sent

d) Any non-prescribed fee, e.g., credit card fee, waiting time or a van fee

e) Work not done

f) Any fee not sanctioned by the court or not prescribed

 

Check your receipt from the bailiff against the prescribed fee schedules for the type of debt being recovered.

and...

2. Did you pay the bailiff using a credit or debit card?

If yes and yes to the above, then you have been defrauded by the bailiff and you can have your debt paid off at the bailiff's expense legally! - using a chargeback

Note: This procedure only works on bailiffs collecting an artificial debt, such as:

Parking tickets

Council tax

Business rates

Wheel-clamping

C-Charge

Any DVLA fine

Child support agency (but see note below)

Court fines

This procedure does not work on consumer debts, money you borrowed or private debts.

1. Phone your bank or card issuer and ask for a chargeback form. DO NOT say anything else to your bank at this time, other than you want to dispute a transaction.

2. Wait until the bailiff has paid the money onto the creditor authority and the case has closed.

3. Get a crime number. Go to a police station and make a WRITTEN complaint that you have been defrauded by a person under Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006. Take evidence including the bailiff's receipt, a printout of the relevant statutory fee schedule. If the police fob you off with 'it's a civil matter' or similar then write down the name and number of the officer and make a WRITTEN complaint of misfeasance to the IOPC.

4. Use the following grounds.

Get a chargeback from your bank.

Especially with debit cards, you must show the merchant bailiff has defrauded you. Overcharged fees are easy because they are prescribed in law and charging a non-prescribed fee - including a card fee is fraud. Enclose a copy of the bailiff's receipt and the prescribed fee schedule.

Card fees are also controlled by Regulation 4 of the Consumer Rights (Payment Surcharges) Regulations 2012 if you have been over charged, you may be able to make a complaint to the Office of Fair Trading, see this fact sheet.

You do not need to make a Subject Access Request to the bailiff for an explanation of fees - a fee "breakdown". A simple letter will do, asking for an explanation and keep their reply excuse letter to prove the bailiff is being difficult.

The bank can get this information for free if they want to check. Under a chargeback the burden of proof is with the bailiff who has to prove he actually did the work giving rise to disbursements "costs" charged.

The Bailiff must be certificated, check the HMCTS public register of bailiffs and get the name of his certificating court.

If his certificate has expired then make it known on the chargeback form because it's an offence under Section 135(b) of the County Courts Act 1984.

The Bailiff or his firm and anyone trading in debt recovery usually needs to have a Category E consumer Credit License pursuant to Section 21(1) of the Consumer Credit Act 1974 otherwise they are committing an offence under Section 39(1) of the Act.

Check the Consumer Credit Licensing Public Register Here

If the bailiff company is not licensed then make it known on the chargeback form.

If your chargeback is given then the bailiff company pays a chargeback administration fee of around 10 to 80 but he can appeal against your chargeback within 42 days. He will have no grounds because you were defrauded.

Once you have your money back file a complaint at court against the bailiff, quote the crime number if you have one and enclose all supporting documents.

- Et voila!

1. The debt is history!

2. It didn't cost you a bean!

3. The bailiff probably gets a criminal record

4. The bailiff is probably no longer a bailiff

5. And it's 100% legal!

Possible repercussions:

1. The bailiff might try and re-charge your card following a chargeback but the bank's fraud-detection system may automatically suspend or cancel their online card payments terminal for abuse.

2. The bailiff could start a civil claim against you. It is unlikely to work because you recovered the money under an Act of Parliament and these cannot be rebuked in a county court.

3. Child Support Agency. The bailiff may ask the CSA for his money back and the CSA can revive the debt.

4. Some bailiff companies may accuse you of "fraud", you can anonymously report THEM for fraud to Action Fraud online. 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.

Some banks limit this to 90 days others give 120 days from the date of the transaction. Ideally you need to wait until the case is deleted off the bailiff's own records, so it makes it much harder for bailiffs to make an appeal against your chargeback.