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Bailiff without a valid certificate commits an offence.

Section 63 of the Tribunals, Courts and Enforcement Act 2007.

First, check to see if the bailiff has a certificate. Visit the Ministry of Justice Public Register of Certificated Bailiffs. 

If the register fails to show a current valid certificate then telephone 020 3334 6355 and make a further enquiry to be certain.

0n April 20, 2007 Lord Lucas asked Her Majesty's Government:

Whether a person who represents himself to be a certificated bailiff, but is not, and by doing so obtains a payment or goods from a debtor, commits a fraud within the meaning of Sections 1 to 5 of the Fraud Act 2006; and, if so, which sections of the Act apply; and whether it would be right for the police to claim that such an action is a civil and not a criminal matter.

Baroness Scotland of Asthal Replied:

Where a person dishonestly makes a false representation and intends, by making the representation, to make a gain for himself or another, or cause a loss to another, or expose another to a risk of loss, that person will be committing an offence. A person who dishonestly represents to be a certificated bailiff, but is not, is likely to be committing an offence.

 

See the House of Lords April 2, 2007

If a bailiff has a certificate but has a different company name then he is working under, then alone, does not invalidate any levy he makes. It is only his bond or other security deposit or policy (of £10,000 and above) that may have been cancelled when he left one company to join another.

A certificate is valid 2 years unless it has been cancelled. Regulation 7 of the Certification of Enforcement Agents Regulations 2014

If the bailiff is working for a different company than the one named on his certificate then that company may have cancelled his bond, but this does not cancel the certificate itself.

The bailiff should inform his certificating court of his change of circumstances and his new employer will set up a bailiff's bond for him and the court will issue an amended bailiff's certificate.

The bailiff bond is to protect the creditor money if the certificated bailiff were to abscond. Having a bailiff's bond is not for the debtor's benefit, but there are known cases in Formal complaints about bailiffs hearing a sum has been awarded to a debtor to be drawn from the bailiffs bond.

Information about criteria for applying for and holding a bailiffs certificate is provided in Regulation 3, Regulation 4 and Regulation 6 of the Certification of Enforcement Agents Regulations 2014.

If there is question about a bailiff having a certificate, use the law to make him produce it.