The bailiff sold your car without giving a valuation.

After taking your vehicle and before selling it, the bailiff must give a written valuation.^[1]

The minimum period between taking the car and selling it is seven clear days.^[2]

The valuation must give the debtor an opportunity to get an independent valuation.^[3]

The bailiff can make his own valuation, and if he does so, it must contain, the bailiffs name, reference numbers and the date of the valuation.^[4]

If the bailiff gets a valuation, then it must be a qualified independent valuer, and the valuation must be in writing.^[5]

If the bailiff sells the car (the goods) without giving a written valuation, the debtor may recover damages.^[6]

If there is a question about the date of service of the written valuation and the date the bailiff sold your car, ask the bailiff to show evidence of service of the written valuation and the date of sale, and evidence of the valuation entering the postal system, or volunteer to give you a Certificate of Service.^[7]

If you have evidence the written valuation was not given, you may recover damages.^[6]

Template Letter: Get evidence of service date of the Notice of Sale and sale of the car.^[8]

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] Paragraph 36(1)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Regulation 37(1) of the Taking Control of Goods Regulations 2013
[3] Paragraph 36(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[4] Regulation 35(2) of the Taking Control of Goods Regulations 2013
[5] Regulation 35(3) of the Taking Control of Goods Regulations 2013
[6] Paragraph 66(5) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[7] Civil Procedure Rule 6.29
[8] Rule 6, Practice Direction – Pre-Action Conduct And Protocols}