Bailiffs: Defective Instrument

An enforcement power can be a writ of control, a liability order or a warrant of control.

If the debt being enforced is

Council Tax, Child Support, or non-domestic rates, the enforcement power is called a Liability Order.^[1][2][3]

Unpaid traffic contravention debts, magistrates’ court fines or a county court judgment (CCJ) under £600, the enforcement power is called a Warrant of Control.^[4][5]

High court writs and county court judgments over £600, the enforcement power is a Writ of Control.

The enforcement power is defective if:

1. The debt being enforced is already paid to the creditor when the bailiff attended to take control of goods or take money.

2. The name of the debtor is wrong or is not a valid legal entity - not an actual person or company.

3. The address for the debtor is not the debtor's current address, and the bailiff attended the debtor's current address to take control of goods or take money.

4. The court has cancelled, revoked, quashed, or set aside the enforcement power.

If a bailiff has taken money from you or taken control of goods, then you can bring an action at court, and you can recover damages and where needed, an action to recover goods or money taken.^[6][7][8] together with your legal costs.^[9]

Which court you bring the proceedings will depend on the type of enforcement power being exercised.^[6]

^{[1] Regulation 34 of the Council Tax (Administration and Enforcement) Regulations 1992
[2] Regulation 28 of the Child Support (Collection and Enforcement) Regulations 1992
[3] Regulation 12 of the Non-Domestic Rating (Collection and Enforcement) (Local Lists) Regulations 1989
[4] Paragraph 3.1 of Part 75 of the Civil Procedure Rules
[5] Part 83.2 of the Civil Procedure Rules
[6] Paragraph 66 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007
[7] Section 3 of the Torts (Interference with Goods) Act 1977
[8] Section 4 of the Torts (Interference with Goods) Act 1977
[9] Civil Procedure Rule 46.5}