The bailiff sold your car less than 7 clear days after giving a Notice of Sale.

After the bailiff has taken your car and given you the statutory Notice of sale, he may not sell it until after seven clear days.^[1][2]

The notice of sale may be given by post or handed to the debtor personally.^[3]

If the bailiff breaches this requirement, the debtor may recover damages.^[4]

If there is a question about the date of service of the Notice of Sale and the date the bailiff sold your car, ask the bailiff to show evidence of service of the notice and the date of sale, and evidence of the notice entering the postal system, or volunteer to give you a Certificate of Service.^[5]

If you have evidence the Notice of sale was not given, or the bailiff sold your car before the 7 clear days statutory limit, you may recover damages.^[4]

Template Letter: Get evidence of service date of the Notice of Sale and sale of the car.^[6]

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 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Regulation 38(1) of the Taking Control of Goods Regulations 2013
[3] Regulation 40(1) of the Taking Control of Goods Regulations 2013
[4] Paragraph 66(5) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Civil Procedure Rule 6.29
[6] Rule 6, Practice Direction – Pre-Action Conduct And Protocols}