Sources (via David Laity): - Devon and Cornwall Police: Guidance on Attending Premises with Bailiffs - Case Law Pertaining to Bailiffs in England and Wales - Enforcement Agents: The Police and the Law Statute Law - Tribunals, Courts and Enforcement Act 2007 - Taking Control of Goods Regulations 2013 - Taking Control of Goods (Fees) Regulations 2014 - Certification of Enforcement Agents Regulations 2014 Bailiff Types - County Court or Family Court Bailiff (these are civil servants) - High Court Enforcement Office - Civilian Enforcement Officers (can have powers of arrest, commital, detention and distress) - Certificated Bailiffs (cannot act on High/County Court Orders) (see official register at https://certificatedbailiffs.justice.gov.uk/) - Non-Certificated Bailiffs (can only seize nominated goods) - Landlords (enforcing (commercial?) rent) - Collectors of Taxes (enforcing unpaid Income Tax, NI, etc., can force entry) - private debt collector (not allowed to take control of goods) Bailiff's Authority & Identity - derives from Warrants of Control, Writs or Liability Orders - Warrant from County Court - Distress Warrant or Liability Order from Magistrates' Court - must upon request show: badge or ID card, written authorisation - only the named bailiff (if named)(typos excepted) may execute the warrant - warrant is only valid at the specified address - bailiffs with a 'walking possession' agreement can re-enter premises by force - 'walking possession' agreements must not be made under duress or coercion - spouses and children cannot sign 'walking possession' agreements - require written authorisation to act for creditor Bailiffs can seize: - a debtor's car (N.B. requires a Clamping Order; must leave a 'Warning of Immobilisation' notice w/ date,time,reason,24h contact no., ref no.) - outside goods such as garden equipment Bailiff behaviour (applies in all attached buildings) - a Notice of Enforcement must be served on the debtor, can be delivered by mail or electronically. No requirement for proof of posting, registered mail or signature for receipt - must not act unreasonably or unlawfully or provoke the debtor - frequent or persistent actions/demands can constitute unlawful harassment (Sec. 40 Adminstration of Justice Act 1970) (rarely) - must not use violence or the threat thereof, or assault or criminal damage - entry to premises must be peaceful and unforced, except when enforcing unpaid fines - must not break or force doors or windows, use a landlord's key or use a locksmith - must not force their way past someone at a door or wedge their foot - once lawfully entered, a bailiff can break open internal doors - cannot unlock a door from inside through a catflap or letterbox - can assume the debtor owns goods, burden of proof lies with debtor - cannot levy goods observed through a window ('constructive levy') - goods seized must be accurately valued and worth no more than 300% of the debt ('excessive levy') - cannot enter if any of the following are present: children under 16, seriously ill, recently bereaved, the elderly or disabled, single parent families, pregnant women, unemployed people, people with English language difficulties - cannot enter between 2100-0600 hrs - may only enter via a door - at least 7 days prior notice must be given - cannot take essential items or trade tools (worth < £1,350) - a High/County Court Writ of Control empowers EA to use reasonable force to enter premises, but not directly against a person. Police Function - prevent a breach of the peace - attend or prevent an incident when a specific criminal offence has occurred or is likely to occur - verify bailiff's identity & status, correctness of premises & debtor, the authority to act and power to enter premises - prevent the EA from being hindered or obstructed in the execution of their order - in the absence of such lawful authority, the constable should prevent entry by or remove the bailiff - must not act as an arbiter, nor determine the rights and wrongs - must not in any way assist in the seizure of any goods - arrest a party causing a real and imminent threat of breach of the peace Debtors - must not forcibly exclude bailiff if they have already gained peaceful entry - must not conceal or remove goods allocated as 'subject of distress' ('walking possession') - may conceal/remove non-allocated goods to avoid distress - an open door is an implied licence to enter - can post a notice removing implied right of access to property or grounds - no legal requirement to allow entry to their home, and may use equal force to prevent a bailiff from entering Third Parties - must not intentionally hinder/obstruct a lawful Enforcement Agent or interfere with 'controlled goods' (penalty fine and/or imprisonment <= 51 weeks) - such hindrance could constitute a breach of the peace