Bailiffs took your car or goods for someone else's debt. (Non-High Court)

Make a third-party claim,^[1][2] previously called an interpleader claim, together with a claim for damages for the deprivation of their use^[3] and you can ask the court that the bailiff company pays your legal costs,^[4] or you can be paid to represent yourself.^[5]

Bailiffs are expected to check that the vehicle actually belongs to the debtor by carrying out checks with the Driver and Vehicle Licensing Agency.^[6]

Bailiffs have a "reasonable belief" that goods belong to the debtor. If that assertion without any foundation the bailiff can be made to pay costs on an indemnity basis.^[7]

Gather the evidence that you own the car (the goods).

Within seven days, give the bailiff company a 'the notice of claim to controlled goods'^[8] and the enforcement power against the vehicle (goods) is suspended until further order by the court.^[9]

The bailiff must tell the creditor within three days of receiving the notice,^[10] who must, within seven days, tell the bailiff whether or not they accept your claim.^[11]

If the creditor accepts your claim, the enforcement power ceases to be exercisable and the bailiff must release the vehicle (goods) back to you.^[12] You can start a claim for the deprivation 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^[13] and the court will determine your claim.^[14]

Bailiff companies ask claimants to controlled goods to complete and return a form, but those forms are incompatible with regulations and designed to frustrate and confuse third-party claimants.

Template ("the notice of claim to controlled goods")

Send the notice by email to the bailiff company and that stops the Enforcement against your vehicle (goods).^[15]

Make a screenshot of the sent email capturing the date you sent it. If the car is not returned in 10 days, make a third-party claim^[16] and apply for your damages^[3] together with your costs.^[4][5][17]

See: Required payments

^{[1] Civil Procedure Rule 85
[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] House of Commons briefing paper, 24 July 2019, Page 9
[8] Civil Procedure Rule 85.4(1)
[7] Alenezy v Shergroup Ltd [2022] EWHC 777 (QB) (01 April 2022)
[9] Paragraph 60(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[10] Civil Procedure Rule 85.4(2)
[11] Civil Procedure Rule 85.4(3)
[12] Civil Procedure Rule 85.4(6)
[13] Civil Procedure Rule 85.5(2)
[14] Civil Procedure Rule 85.5(8)
[15] Civil Procedure Rule 83.22(3)
[16] Civil Procedure Rule 85.5(1)
[17] Civil Procedure Rule 85.12}