Regulation 25 of the Taking Control of Goods Regulations 2013

The law says the enforcement agent must give notice to the debtor at least two clear days (not Sundays or public holidays) before re-entering premises to take goods levied on a previous visit. "Attending to Remove"

This action is unlawful because the enforcement agent did not comply with Regulation 25 of the Taking Control of Goods Regulations 2013.

A valid levy is a compliant Regulation 15 controlled goods agreement.

If the enforcement agent did not have a valid levy then the attendance to remove is disqualified along with any fees the enforcement agent charged in respect of attending to remove.

Some bailiffs call this a "van fee" or "ATR" but any fee indicating a charge for attending to remove is disqualified and all are recoverable from the creditor through the courts.

You can claim damages against the creditor and recover the goods or the replacement cost of the goods if they have already been sold or were removed without the statutory time limit being complied with.

You can also ask for compensation for the unlawful deprivation of the goods if any were removed without providing for the statutory time period to lapse.

If a bailiff just pushed a note or card through your door, this does not constitute a valid levy. See "constructive levy" defined in paragraph 2 on page 5 of this Local Government Ombudsman's report and Evans v South Ribble Borough Council [1991]. See also Hit & Run.

Regulation 26 prescribes a list of particulars the notice of re-entry must comply with in order to be legally valid.

This is what the prescribed notice of re-entry should contain and what it should look like. Example

Use the law to make sworn statement of truth proving the statutory time limit was not complied with.

You make a formal complaint and a letter before action addressed to the council, court or creditor enclosing the above sworn statement of truth. You ask for everything to be refunded and where applicable, all goods or vehicle to be returned at their expense.

Formal complaint letter and "letter before action" setting out your "grounds" for your claim.

If you do not get a refund or goods or vehicle returned, then you recover the replacement cost of them through the courts. Start the court proceedings. This is a template claim particulars for making a claim for non-compliance with Regulation 6 of the Taking Control of Goods Regulations 2013.

Claim particulars to start a claim in the small claims court using a Form N1

If the debt is an unpaid magistrates' court fine, the defendant is always named "The Secretary of State for Justice", 102 Petty France, London SW1H 9AJ. The litigation team will handle your claim on behalf of HM Court Service. You cannot sue HM Court Service because it is a government agency.

See the procedure for making a small claim in the small claims court.

You can also make a formal complaint against the bailiff on these grounds using the Form N1 particulars above as the details of your complaint.