The bailiff and the creditor are jointly and severally liable for damage to your goods or vehicle.
Paragraph 35 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:
35(1) An enforcement agent must take reasonable care of controlled goods that he removes from the premises or highway where he finds them.
(2) He must comply with any provision of regulations about their care while they remain controlled goods.
Regulation 34 of the Taking Control of Goods Regulations 2013 states:
Care of controlled goods
34.-(1) Where the enforcement agent removes controlled goods, other than securities, from premises or a highway:
- (a) the enforcement agent must keep the controlled goods in a similar condition to that in which they were found;
- (b) the goods must be removed to storage unless they are removed for sale;
- (c) the storage must be secure and conditions must prevent damage or deterioration.
(2) Controlled goods must not be removed to any place in contravention of any legal restriction.
Paragraph 63 of the Taking Control of Goods: National Standards 2014 states:
Enforcement agents must ensure that goods are handled with proper care so that they do not suffer any damage. They should have insurance for goods in transit to ensure compensation is available for damage.
If the goods are damaged or destroyed, the debtor can bring an action against both the bailiff company and the creditor 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 that is defective.
(3) The debtor may bring proceedings under this paragraph.
(5) The court may:
- (a) order goods to be returned;
- (b) order payment of damages for loss suffered.
(6) A related party includes the creditor or person conferred with the enforcement power.
Contact me if you would like to start work on making a claim. You may also bring an action at court.
Make an affidavit proving the damages caused by the bailiff:
Evaluate and total the cost of repairs or claim compensation if the damage is beyond economic repair (e.g. a damaged driveway surface).
Then write to the creditor or council, provide your statement of truth, and set a deadline for compensation.
If you receive no payment or just excuse letters saying "we will investigate", you should begin court proceedings.
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