Bailiffs must give a Notice of Enforcement before attending debtors premises.[1]
Bailiffs must wait seven clear business days, excluding Sundays and public holidays, after giving the Notice of Enforcement before attending to take control of goods.[2]
If the bailiff gives the Notice of Enforcement by post, it is deemed the Notice is given to the debtor on the next business day,[3] extending the 7 clear business days rule.
If a bailiff does not comply with this rule, the debtor can apply to recover the money of vehicles taken or clamped.[4]
The Notice of Enforcement is deemed to be given by ordinary post unless evidence to the contrary is proved.[5] Evidence can include:
Address on the Notice of Enforcement is incorrect
The debtor did not live at the warrant address
The debtor was working away or in hospital
If giving the Notice by post is questioned, invite the bailiff company to voluntarily give a Certificate of Service by completing a form N215.[6]
The bailiff must keep a record of the time they gave the Notice of Enforcement to the debtor.[6]
When a bailiff does not comply with any of the above, the debtor can apply to recover any vehicles or money taken.[7]
It is not clear what "keep a record of the time when the notice is given" entails. Bailiff companies say that a reconstituted copy of the notice made on a computer is satisfactory evidence, but the authority on the time that a notice was given by post is getting a Certificate of Posting from the post office available at no cost to the bailiff.
Ask the bailiff to show evidence of the time the Notice of Enforcement entered the postal system.[8][9]
Template Letter.[10]
Send the letter to the bailiff company and get a certificate of posting from the post office.
Give a copy of the letter to the bailiff company by email and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the letter by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
[1] Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Regulation 6(1) of the Taking Control of Goods Regulations 2013
[3] Civil Procedure Rule 6.20(1)(b)
[4] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[5] Section 7 of the Interpretation Act 1978
[6] Paragraph 7.3 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[7] Paragraph 66(3) of Schedule 12 to of the Tribunals Courts and Enforcement Act 2007
[8] Form N215 Download
[9] Civil Procedure Rule 6.29
[10] Rule 6, Practice Direction – Pre-Action Conduct And Protocols
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