After my car is sold at auction, when must the bailiff pay me the remainder after clearing my debt?


Immediately

Before the bailiff sells the debtor's goods, he must give the debtor a notice.[1][2] not less than seven days before the sale.[3]

After the sale, the enforcement provisions are silent on any requirement to tell the debtor how much the goods were sold for.

The debtor can ask for a Data Subject Access Request (DSAR) to get a Statement of Account and get evidence of the sale price of the goods.[4]

Then download a DVLA form V888 and ask for the new keeper's details,[5] and ask the new keeper for the sales invoice for the goods showing the auction price they paid.

If there is a discrepancy in the auction price achieved by the bailiff and the new keepers' purchase price, then you can apply for a detailed assessment,[6][7] and ask the court to examine the bailiff's fees and charges and show evidence of the distribution of the proceeds of the sale.

If the court finds there is a discrepancy in the bailiff's fees, the distribution of proceeds or the bailiff's declared auction price of the goods, you may recover costs,[8][9][10] and in some cases, damages.[11]



[1] Paragraph 40 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Regulation 39 of the Taking Control of Goods Regulations 2013
[3] Regulation 38 of the Taking Control of Goods Regulations 2013
[4] Section 45 of the Data Protection Act 2018
[5] DVLA Form V888 Download
[6] Civil, Procedure Rule 84.16
[7] See: Questioning Bailiffs fees and charges, Detailed Assessments
[8] Civil Procedure Rule 44.2
[9] Civil Procedure Rule 46.5
[10] Practice Direction 46.5 Rule 3.1
[11] Section 3 of the Torts (Interference with Goods) Act 1977