After taking removing the vehicle (or goods), the bailiff must not sell it until after 7 clear days.[1][2]
At least seven clear days before the sale, the bailiff must give the debtor a Notice of Sale,[3] unless the debtor agrees in writing otherwise.[4]
The Notice of Sale must give the place, date and time of the intended sale[5], the name and address of the debtor, the bailiff's name and contact details, description of the vehicle (or goods) the sum outstanding to be paid to prevent the car being sold, and instructions for collecting the vehicle.[6]
The notice of sale may be given by post or handed to the debtor personally.[7]
If the bailiff breaches these requirements, the debtor may recover damages.[8]
If there is a question about whether the Notice of sale was given, ask the bailiff to provide evidence of the notice entering the postal system, or volunteer to give you a Certificate of Service.[9]
If you have evidence there is less than seven clear days between the date the car was taken and the date it was sold, you may recover damages.[8]
Template Letter: Ask the bailiff to show evidence and service of the Notice of Sale.[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.
If you get excuses, start the claim.
[1] Paragraph 39(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Regulation 37 of the Taking Control of Goods Regulations 2013
[3] Regulation 38(1) of the Taking Control of Goods Regulations 2013
[4] Paragraph 40(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Paragraph 40(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Regulation 39 of the Taking Control of Goods Regulations 2013
[7] Regulation 40 of the Taking Control of Goods Regulations 2013
[8] Paragraph 66(5) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[9] Civil Procedure Rule 6.29
[10] Rule 6, Practice Direction – Pre-Action Conduct And Protocols
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