Any vehicle necessary for use personally by the debtor in the debtor's employment, business, trade, profession, study or education, is exempt from enforcement,[1] and bailiffs may only take control of any goods that are not exempt.[2]
When the bailiff is instructed,[3] or the Notice of Enforcement is given to the debtor,[4] the property in all the goods of the debtor become bound, except for exempt goods.[5]
It is the practice of bailiffs to take control, or clamp exempt goods, and make the debtor prove they are exempt afterwards.
If there is less than seven clear days since the bailiff took control of the exempt goods, the debtor makes a claim to exempt goods,[6] by giving a notice of claim to exempt goods.[7]
If more than seven days have passed since the bailiff took control of the exempt goods, the debtor may recover damages, including the replacement cost of the vehicle, loss of business, and any other damages for being deprived of the use of the vehicle.[8][9] The debtor may also recover costs,[10] or if the debtor represents himself as a litigant in person, his disbursements and costs at £19 an hour.[11][12]
Most cars taken by bailiffs are sold on eBay. Search eBay's completed listings for your vehicle and how make a screenshot of when it was sold and how much, then make further screenshots of the eBay listing to capture the sellers identity.
After the sale, the bailiff company must, as soon as possible, give the debtor a statement of the sum received from the sale, the proceeds, how the proceeds are applied and what the disbursements are.[13]
The bailiff must also give a copy of the receipts for the disbursement they paid for selling your vehicle,[14] except for disbursements paid to eBay itself, or sale other than by auction, which in this case, the bailiff may recover 7.5% of the sum realised from the sale.[15]
If the proceeds are more than the debt and the bailiffs charges, then the bailiff must pay the surplus back to the debtor.[16]
It will be difficult to recover the original vehicle because a buyer gets goods title of the vehicle if he bought it in good faith.[17]
These rules do not apply when the debtor is a company because exempt goods must be used personally by the debtor.[18]
Start by giving the bailiff company evidence that the goods are exempt and its sale realised a sum under £1,350. Give the bailiff an opportunity to pay you the replacement cost of the vehicle, your business losses and for depriving you of its use. You may also recover wasted vehicle expenses including lost vehicle tax, insurance, and disbursements getting the replacement vehicle insured and safe to drive on public roads.
When bringing a claim, the court will expect you to explain why you did not bring a claim to exempt goods within the seven clear days after the bailiff took control of it. Reasons may include:
The bailiff said your goods are not exempt and continued with enforcement
The bailiff did not provide the statutory information relating to the proceeds of sale
You did not know they were exempt when the bailiff took control of them
Template Letter of claim:[19] Bailiff sold exempt car vehicle or van for under £1,350
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.
[1] Regulation 4(1)(a) The Taking Control of Goods Regulations 2013
[2] Paragraph 11(1)(b) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] High Court Writs: Paragraph 4(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[4] All non-High Court enforcement debts: Paragraph 4(4) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[5] Paragraph 4(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[6] Civil Procedure Rule 85.8(1)
[7] See: Making a claim to exempt goods (previously: an 'interpleader claim')
[8] Paragraph 66(5)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[9] Section 3 of the Torts (Interference with Goods) Act 1977
[10] Civil Procedure Rule 44.2
[11] Civil Procedure Rule 46.5
[12] Practice Direction 46.5 Rule 3.1
[13] Regulation 14(1) of the The Taking Control of Goods (Fees) Regulations 2014
[14] Regulation 14(1) of the The Taking Control of Goods (Fees) Regulations 2014
[15] Regulation 9(4) of the The Taking Control of Goods (Fees) Regulations 2014
[16] Paragraph 50(5) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[17] Paragraph 51 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[18] Regulation 4(1)(a) The Taking Control of Goods Regulations 2013
[19] Rule 6, Practice Direction – Pre-Action Conduct And Protocols
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