Make a claim to exempt goods,[1][2] previously called an interpleader claim, together with a claim for damages for depriving you of its use[3] and you can ask the court that the bailiff company pays your legal costs,[4] or be paid to represent yourself.[5]
Exempt goods include:[6]
Vehicles used for work trade or Education under £1350.
Essential clothes, domestic equipment and furniture
Medical equipment
Pets and guide dogs
Anything used for the care of a disabled or older person
Any vehicle displaying a disabled blue badge
Gather the evidence that you own the car or the controlled goods.
Within seven days, give the bailiff company a 'notice of claim to exempt goods'[7] and the enforcement power against your exempt vehicle or goods is suspended.[8]
The bailiff must tell the creditor within three days of receiving the notice,[9] who must, within seven days, tell the bailiff whether they accept your claim.[10]
If the creditor accepts your claim, the enforcement power ceases to be exercisable and the bailiff must release your exempt vehicle (goods) back to you.[11] You can start a claim for depriving you of its use together with the costs of transporting it back from the bailiff's pound.[3]
If your claim is refused, or the bailiff makes no reply within 10 clear days, apply to the court by completing an application notice, a witness statement and exhibit[12] and the court will determine your claim.[13]
Template: ("the notice of claim to exempt goods")
Send the notice by email to the bailiff company and that stops the enforcement against your exempt goods.[14]
Make a screenshot of the sent email capturing the date you sent it. If the bailiff does not return your goods in 10 days, make a third-party claim[12] and apply for your damages[3] together with your costs.[4][5][16]
[1] Civil Procedure Rule 85.8
[2] Paragraph 60(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] Section 3 of the Torts (Interference with Goods) Act 2007
[4] Civil Procedure Rule 44.2
[5] Civil Procedure Rule 46.5
[6] Regulation 4 of the Taking Control of Goods Regulations 2013
[7] Civil Procedure Rule 85.8(1)
[8] Paragraph 60(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[9] Civil Procedure Rule 85.8(2)
[10] Civil Procedure Rule 85.8(3)
[11] Civil Procedure Rule 85.8(6)
[12] Civil Procedure Rule 85.9
[13] Civil Procedure Rule 85.9(7)
[14] Civil Procedure Rule 83.22(3)
[15] Civil Procedure Rule 85.10
[16] Civil Procedure Rule 85.12
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