Bailiffs forced you to pay for someone Else's judgment

Bailiffs may only take control of goods belonging to the debtor.^[1]

If bailiffs took money from you for a debt, you do not owe under the pain of taking your goods, or refusing to leave the property.^[2] You may recover it together with your costs.^[3][4][5]

When bailiffs interfere with goods not belonging to the debtor, he attracts a liability to the owner or bailee.^[6]

It doesn't matter if the bailiff says you paid 'voluntarily', the court recognises nobody pays other peoples debts unless forced.

You may also recover interest up to 8% from the date the money was taken.^[7]

Send the bailiff company and the bailiff a letter of claim, it must set out the following:^[8]

A summary of the facts

You should enclose evidence of the flow of money, such as a bailiffs receipt, or screenshot from online banking to prove the money taken.

Template Letter.^[8]

Send the letter to the bailiff company addressed to their legal department 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.

If they do not return the money in 14 days,^[9] file the claim at court^[10] using a form N1.^[11]

Keep all screenshots for your file.

^{[1] Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Section 2 of the Fraud Act 2006
[3] Civil Procedure Rule 44.2
[4] Civil Procedure Rule 46.5
[5] Practice Direction 46.5 Rule 3.1
[6] Section 3 of the Torts (Interference with Goods) Act 1977
[7] Section 69 of the County Courts Act 1984
[8] Rule 6 of the Practice Direction – Pre-Action Conduct And Protocols
[9] Rule 6(b) of the Practice Direction – Pre-Action Conduct And Protocols
[10] Civil Procedure Rule 27
[11] Form N1 Download}