Making a Court Claim against a High Court Bailiff

[Guest]

Hi. I want to make charges to a bailiff for the removal of my car which the had no right to claim. The car has now been returned by order of the HC. I would like to invoice them for all the hours I spent in making my court claim, emails, phone calls, court attendance, days without the car and also damage to the vehicle while in their possession. Any advice would be appreciated. TY.

[Law Student 2]

Hi, sorry to hear that!*

You could try firstly issuing a formal complain with the bailiff company, explaining you want compensation and outlining exactly why. If you did take the issue to court this would also prove that you attempted to resolve the situation and they were not willing to cooperate.*

If you are not a debtor you could*bring an action under Section 3 of the Torts (Interference with Goods) Act 1977 in small claims court for the damage to the car whilst in their possession. The amount you are claiming will have to be under *£10,000.*
This link provides more information on making a claim*https://www.gov.uk/make-court-claim-for-money

I would take pictures of the damage to the vehicle and any documents you have proving the damage e.g if you have taken the car since to a garage. Also I would gather all evidence you have to show you attempted to notify the bailiff that they had no right to claim the car. E.g did you provide the company with evidence that the debt wasn't yours/ the car was owned by you and not the person who owed the debt? Did you issue a complaint with the bailiffs company and/or attempt to talk directly with the creditor?

The more evidence you have to show that you took reasonable steps to prove they could not take the car, yet they did so anyway, the more likely you would be to get compensation.*

What steps did you take to notify the bailiffs that they had no right to remove the car? Also, was the car crucial to your work?

It you told the company you were willing to take the issue to court I think they would be more likely to consider offering some form of compensation to you which would be worth negotiating as making any kind of claim can end up costing you more money. So attempts to solve the situation outside of court are always useful to try first.*