Main menu

Sue the bailiff - Reclaim back any unlawful fees paid to bailiffs and HCEO

I can remove goods / your vehicle in your absence! - (Ohhhh can you?)

This is a common tactic and threat employed by bailiffs and HCEO.

And it is a THREAT!

Here are two examples (click to enlarge)

 Unlawful letter stating bailiff can remove goods!More threats to remove goods!  

So why can't bailiffs remove goods in your absence?

Lord Justice Morritt in the High Court ruled:

that bailiffs having a Walking Possession Agreement cannot remove anything whilst the debtor is absent unless it is pre-arranged by appointment and with an Order signed by a Judge.

What does this mean for us?

Well it means they could come in your absence BUT a judge would have to authorise it! In order for that to happen he would need to see a valid Walking Possession Agreement (signed by the debtor) AND that this type of entry has been pre-arranged between you and the bailiff!

So in other words that you (the debtor) signed happily that the bailiff can come in at a specific time and date and remove ONLY any goods the bailiff has already levied on which was signed and agreed on the Walking Possession Agreement.

So ....... when a bailiff leaves you a card or letter saying that they have the power to "remove goods EVEN in your absence" they are telling porkies! What Lord Justice Morritt interprets this as, is a CRIME!

As the judge concludes:

However it should be noted that in cases such as these there may be a sanction pursuant to Section 1 of the Criminal Damage Act l971. In other cases the provisions of Section 6 of the Criminal Law Act may apply also.

If this has happened to you then you have grounds to sue the creditor for damages. This pack will give you all the information you need for the whole process!

Facebook