The bailiff may only take control of goods belonging to the debtor.[1]
If bailiffs disrupt the normal operation of a business, the business owner can sue for damages.[2]
If bailiffs cause harm to the reputation of a body that trades for profit causing, or likely to cause the body serious financial loss, they may also claim damages.[3]
If bailiffs interfere with furniture or equipment in a person's home without taking control of them using the prescribed procedures[4], the owner may claim damages for returning the furniture or equipment to its original state,[2] together with the costs of decontamination.[5]
A bailiff without lawful excuse destroys or damages any property belonging to another commits an offence.[6]
'Lawful excuse' includes anyone believing he had permission to damage or destroy property.[7]
If bailiffs rummage drawers, and take valuables such as jewellery, or keys by secretly putting them in his pocket, the bailiff commits theft.[8]
It is the practice of some bailiffs, in-particular high court enforcement agents, to enter bedrooms and rummage drawers indiscriminately tossing clothes and underwear around the room.
If bailiffs damage to your property or goods, you must give them an opportunity to repair it before calling an expert and raising an invoice.
Try to preserve the scene and take lots of photographs before starting repairs.
[1] Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[2] Section 3 of the Torts (Interference with Goods) Act 1977
[3] Section 1(2) of the Defamation Act 2013
[4] Paragraph 31(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[5] Huntress Search Limited vs Canapeum Limited [2010] EWHC 1270 (QB)
[6] Section 1 of the Criminal Damage Act 1971
[7] Section 5 of the Criminal Damage Act 1971
[8] Section 1 of the Theft Act 1968
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