The Bailiff Attended Too Soon After Being Given the Notice

The law provides for up to 20 calendar days between the date printed on the Notice of Enforcement and the first day the bailiff turns up.

Regulation 6(1) of the Taking Control of Goods Regulations 2013 states:

Minimum period of notice

6.-(1) Subject to paragraph (3), notice of enforcement must be given to the debtor not less than 7 clear days before the enforcement agent takes control of the debtor's goods.

(2) Where the period referred to in paragraph (1) includes a Sunday, bank holiday, Good Friday or Christmas Day, that day does not count in calculating the period.

You assume the notice was given by second class post unless the bailiff company proves by affidavit the Notice of Enforcement was served by another method.

The rules to calculate how long second class post takes from the date of posting to delivery are prescribed in the Practice Direction - Service of Documents, which states:

1. Under section 7 of the Interpretation Act 1978, service by post is deemed to have been effected, unless the contrary is proved, at the time when the letter would be delivered in the ordinary course of post.

2. Delivery in the ordinary course of post is taken (subject to proof to the contrary) as follows:

• (a) First class post: on the second working day after posting
• (b) Second class post: on the fourth working day after posting

3. "Working days" are Monday to Friday, excluding bank holidays.

4. Affidavits of service must state whether the document was sent first or second class. If omitted, it will be assumed second class was used.

Example Calculation

The following table helps you determine whether the enforcement meets the required prescribed period.

Otherwise, enforcement fails on Paragraph 7(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. The debtor may bring an action under paragraph 66(3) of Schedule 12.