The bailiff had got one over you, deploy a Pay & Reclaim.


Pay & Reclaim is conceding to a bailiffs demand to get relief from the pain of enforcement action, then recovering the money by bringing a small claims action[1][2] or if the transaction is fraudulent, a chargeback.[3][4]

Paying the debt ends the enforcement power, and the property in the debtors goods cease to be bound.[5]

If the bailiff refuses to release your goods, you may apply for an injunction,[6][7] even if the bailiff has returned the money back to your card[8] and if you show the bailiff company is unreasonable, you can apply for costs on the indemnity basis.[9]

Never sign any document the bailiff hands you, otherwise it might create a contract between you, or waive your right to recover the money through the courts,[10] and the bailiff company can apply to strike out your claim,[11] with an order for costs.[9]



[1] Part 27 of the Civil Procedure Rules
[2] Practice Direction 27 Small Claims Track
[3] Section 75 of the Consumer Credit Act 1974
[4] See: UK Cards Association
[5] Paragraph 6(3) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[6] Section 4 of the Torts (Interference with Goods) Act 1977
[7] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[8] Murray vs Kotynia and Newlyn Plc August 2020 (unreported)
[9] Civil Procedure Rule 44.2(5)
[10] Civil Procedure Rule 3.4
[11] See: Estoppel