Making an official complaint about a certificated bailiff
Section 8 of the Distress for Rent Rules 1988 provides for a person to file a complaint at court against a certificated bailiff and challenge his fitness to continue work as a bailiff.
Complete a Form 4 complaint and return it to the bailiff’s certificating court. Don’t be hasty; make sure you have ducks in a row before shooting. Keep everything factual & short. Call 0207 210 0516 with the name of the bailiff to find the court name and address.
Grounds can include:
The bailiff is untrustworthy
Collecting a debt that is larger than the debt originally claimed by the creditor
The bailiff defrauded you
He over-charged you in fees committing an offence under Section 2(1)(b)(i) and Section 4(1)(c)(i) of the Fraud Act 2006
Charged a fee that is not prescribed in law – e.g. a credit or debit card fee or a van fee etc
Charged a fee contradicting Section 10 of the Distress for Rent Rules 1988
Charged you a walking possessions fee without you signing it
Tricked you to sign a walking possessions agreement pretending the document was something else – e.g. a receipt, or payment confirmation.
Getting you to sign a walking possession agreement before telling you what the fee will be
Charged you attending to remove fee on his 1st visit
Clamped your vehicle (or charging a fee thereto) or seized goods (or charging walking possession fee) without giving the debtor reasonable opportunity to pay
Seized goods valued disproportionately higher than the debt
Sold your goods at a disproportionately lower price than you would have otherwise attained at auction (e.g. on eBay)
He charged you fees for previous visits while you were out and says you have to prove those visits were not made
He charged you fees for visits or posting letters that contradict Section 7 of the Interpretation Act 1978 e.g. by sending them to a different address.
He charged you fees for sending letters for collecting unpaid council tax (the law doesn’t provide for it)
He enforced or tried to enforce the same debt twice
He enforced or tried to enforce a null-debt (paid up debt), or debt comprising entirely of bailiffs fees.
The bailiff is dishonest or of unfit character
He was aggressive, rude, threatening or intimidating
Pretended to be an officer of the court
Pretended to be collecting a court fine
Impersonated a solicitor or police officer
You sustained an injury by the bailiff (Contact a solicitor and make a separate claim under the Personal Injury Protocol)
Lied about the extent of his authority
Damaged your goods, car or property (Reclaim these from the authority that instructed the bailiff via the small claims track)
The bailiff committed extortion or blackmail
He said you will pay a higher sum of money unless to pay him a lower sum of money according to a deadline
The bailiff levied incorrectly
Seized goods that are not yours, e.g. belonging to a room mate, finance company, landlord, friend, relative, employee, client or neighbour
Goods you require for domestic basic needs, e.g. fridge, cooker, clothes, bed, chair, medical equipment
Non-movable goods e.g. a TV or painting bolted to a wall, or item needing a tool to remove (not vehicles requiring a tow truck)
Intellectual property or item covered under The Copyright, Designs and Patents Act 1988 or a computer containing the aforementioned
Tools of your trade, including a van, taxi or minicab
Goods or motor vehicles subject to a hire purchase agreement
The bailiff did not adhere to the law
Threatened to break into your home or get a locksmith without a valid levy
Called at night
Did not have a valid bailiff’s certificate on the date of visit (Check HMCS Register of bailiffs: 0207 210 0516)
The bailiff or his firm is not licensed for Cat A, Cat C or Cat E Consumer Credit committing an offence under S39 (1) and 21 (1) of CCA 1974 (Check OFT Public Register 020 7211 8608)
Entered your home by applying force against you, a door or window
You have a disability, ill, or heavily pregnant
Levied on a motor vehicle belonging to a finance company or other committing an offence under Section 12 of the Theft Act 1968
Refused to show proof of authority, name of certificating Court or proof of debt (Contact police on 999 and report a burglary in progress with suspect on the premises)
You (If you’re an Attorney – your donor) do not have mental capacity
You have filed an appeal or a statutory declaration against the debt
He seized a computer or laptop and didn’t allow you to recover data stored on it (you should immediately contact a solicitor specialising in Intellectual Property)
The following are not sufficient to make a complaint on their own, only to supplement a complaint.
He called at an hour when most people are normally asleep
Climbed through a window
Climbed over a gate or fence
Used ladders, climbed a fire escape, emergency exit or other external structure not normally used as an entrance
Refused to give a fee breakdown until after you have paid them
He set a deadline for you to pay that’s disproportionately short compared to your ability to pay
The Court will give the bailiff 14 days to answer your complaint.
If the bailiff fails to respond he will be summonsed, but you don’t need to attend.
The Court can:
1. Order the bailiff to pay you compensation and/or a refund of fees from his bailiff bond. This is a monetary deposit or a policy similar to liability insurance.
2. Revoke the bailiff's certificate
3. Dismiss the complaint
Don’t bother complaining to trade associations and quasi-regulators such a NALEO ACEA CSA ESA and BPA they are private companies and have no legal authority. Their codes of practice are voluntary and non-binding
If you are claiming financial losses, expenses or fraudulent fees by a bailiff who acted unreasonably or unlawfully, always file the claim against the authority that instructed the bailiff, NEVER the bailiff or his firm. If you have already executed chargeback you may be refunded twice ;-)
(c) 2008 Screw the Bailiff
