The bailiff sold your car without giving a Notice of Sale

After removing a vehicle, the bailiff must give a Notice of Sale at least seven clear days before selling it.^[1]

The Notice of Sale must give the place, date and time of the intended sale^[2], 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.^[3]

The notice of sale may be given by post or handed to the debtor personally.^[4]

If the bailiff breaches this requirement, the debtor may recover damages.^[5]

If there is a question about the Notice of sale being given, ask the bailiff to provide evidence of the Notice of Sale entering the postal system, or volunteer to give you a Certificate of Service.^[6]

If you have evidence the Notice of Sale was not given before selling your car, you may recover damages.^[5]

Template Letter: Ask the bailiff to show evidence and service of the Notice of Sale.^[7]

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] Regulation 38(1) of the Taking Control of Goods Regulations 2013
[2] Paragraph 40(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Regulation 39 of the Taking Control of Goods Regulations 2013
[4] Regulation 40 of the Taking Control of Goods Regulations 2013
[5] Paragraph 66(5) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Civil Procedure Rule 6.29
[7] Rule 6, Practice Direction – Pre-Action Conduct And Protocols}