What if bailiffs take goods belonging to a vulnerable person and they aren't the debtor?


Bailiffs cannot recover fees from vulnerable debtors unless the bailiff agent has, before proceeding to remove goods which have been taken into control, given the debtor an adequate opportunity to get assistance and advice in relation to the exercise of the enforcement power.[1]

If the person whose goods have been taken and is not the debtor, the owner may make a third-party claim to controlled goods,[2][3] and recover damages,[4] together with their costs.[5][6][7]



[1] Regulation 12 of the Taking Control of Goods (Fees) Regulations 2014
[2] Civil Procedure Rule 85.4
[3] See Making a third-party claim to controlled goods
[4] Section 3 of the Torts (Interference with Goods) Act 1977
[5] Civil Procedure Rule 46.5
[6] Practice Direction 46.5 Rule 3.1
[7] Civil Procedure Rule 44.2