|
The law: Regulation 30 of the Taking Control of Goods Regulations 2013 Bailiffs often push this notice through the door when nobody is home and nothing outside such as vehicles can be seized. On its own it counts for nothing - It is actually a scam and you may be a victim of fraud! - See this article.
This is what the document should look like Example Bailiff companies may dress them under their own corporate liveries but the content must be the same. Breaking into domestic properties is rare, and 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 or has a warrant of entry issued under Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007. A warrant of control on its own is not authority to break entry. That requires a separate authority. There is supporting case law on methods of entry giving prohibited methods of entering a property. If a vehicle has been taken then you need grounds the enforcement action or the creation of the original liability is non-compliant with the law. Entering by force does not mean breaking entry. The regulations do not provide for anyone to break into domestic properties without a separate warrant. 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 statement of truth proving the bailiff had 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. 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 for improper use of this notice because he ought to be properly trained in the application of enforcement procedures.
|
