Can bailiffs take my mobile phone and laptop?

Mobile phones are not owned by the holder, because they are on a contract which states the handset belongs to the mobile provider until the contract has been completed.

If the device is used for someone's work, education or trade, and its value is under £1350, the debtor can make a claim to exempt goods.^[1][2]

Laptops contain personal data, including access to digital banking, and taking them can attract a liability to the bailiff if a bank account is breached.^[3][4]

The bailiff may take control of empty electronic hardware because they can only take control of goods that belong to the debtor.^[5]

Digital data is property, and if a bailiff deletes data on a device, then he may be liable for destroying or damaging property without lawful excuse,^[6] and attract a liability for a civil claim for that damage.^[4]

^{[1] Civil Procedure Rule 85.8

[2] See Making a claim to exempt goods

[3] Paragraph 66 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

[4] Section 3 of the Torts (Interference with Goods) Act 1977

[5] Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

[6] Section 1 of the Criminal Damage Act 1971}