|
The law: Regulation 20 of the Taking Control of Goods Regulations 2013 and Paragraph 13, Paragraph 15 and Paragraph 16 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
The law says this method of entry is only available to an enforcement entry when there is a compliant Controlled Goods Agreement, (see regulation 14) otherwise the enforcement agent cannot re-enter by force. There is supporting case law on methods of entry giving prohibited methods of entering a property. Entering by force does not mean breaking entry. The regulations do not provide for anyone to break into domestic properties without a separate warrant. A warrant of control on its own is not authority to break entry. That requires a separate authority under Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. Nothing in the regulations provides for using a "locksmith" without permission of a court. (HM Court Service staff are not "the court"). With a Controlled Goods Agreement, the enforcement agent can apply to a court for a warrant of entry only if he believes the controlled goods are being moved or concealed. If a bailiff entered your property via an unusual method (i.e. not through a door) then it revokes everything that follows. Use the law to make a sworn statement of truth proving the bailiff entered a property other than through a door.
Formal complaint letter and "letter before action", these are your "grounds" for your complaint.
If you do not get a refund (or goods/vehicle is returned - then you recover the replacement cost of them through the courts), start the court proceedings, this is a template claim particulars for making a claim for non-compliance with Regulation 13 of the Taking Control of Goods Regulations 2013. Claim particulars to start a claim in the small claims court using a Form N1
If the debt is an unpaid magistrates' court fine, the defendant is always named "The Secretary of State for Justice" 102 Petty France, London SW1H 9AJ. The litigation team will handle your claim on behalf of HM Court Service. You cannot sue HM Court service because it is a government agency. See the procedure for making a small claim in the small claims court. You can also make a formal complaint against the bailiff on these grounds and using the Form N1 particulars (above) as the details of your complaint.
|
