Bailiffs may not take control of exempt goods,[1] and the property in all exempt goods of the debtor are not bound for the purposes of the enforcement power.[2]
Exempt goods include vehicles valued under £1,350 and used for work or education, or any vehicle displaying a blue badge, essential clothes, domestic equipment and furniture, medical equipment, pets and guide dogs.[1]
If bailiffs take control of exempt goods, the debtor can make a claim to exempt goods.[3]
Give the bailiff and the creditor a notice of claim to exempt goods,[4] and that suspends the enforcement power.[5]
If your claim is not accepted within ten days, apply to the court for the return of your exempt goods,[6] and apply for your costs,[7] together with your damages.[8][9]
The court will determine your claim.[10]
Template Notice ("the notice of claim to exempt goods")
Send the notice to the bailiff company and to the creditor, and get a certificate of posting from the post office.
Give a copy of the notice 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 notice 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] Regulation 4 of the Taking Control of Goods Regulations 2013
[2] Paragraph 4(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Civil Procedure Rule 85.8
[4] Civil Procedure Rule 85.8(1)
[5] Paragraph 60(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[6] Civil Procedure Rule 85.9
[7] Civil Procedure Rule 44.2
[8] Section 3 of the Torts (Interference with Goods) Act 2007
[9] Paragraph 66(5)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[10] Civil Procedure Rule 85.9(7)
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