Bailiffs Pay & Reclaim

Pay & Reclaim

Use this procedure to:

Recover a vehicle removed by bailiffs

Get bailiffs off your back

Get a wheel clamp removed

In a standoff with the bailiff and police?

Makes an enforcement case toxic for a commercial bailiff company

Once deployed, it puts you back in control.

A "Pay & Reclaim" means conceding to the sum to clear the demand and reclaim it in the small claims court or chargeback or a CPR 84.16 fee recovery.

Using the small claims court makes the enforcement case toxic for the bailiff company. They will have to pay the creditors' legal fees to defend the claim regardless whether or not you win your claim. The bailiff company cannot make a profit from your enforcement case.

You can pay using a CREDIT card, so you can execute a chargeback to quickly and efficiently get your money or vehicle back, or pay with a DEBIT card and persuade the bank to reverse the transaction later.

This can also be done by the owner of the goods or vehicle if different from the debtor.

DO NOT SIGN ANY DOCUMENT HANDED TO YOU BY A BAILIFF

Paying the sum demanded does not mean you have agreed to the debt or the fees.

You can pay under duress because of the threat of enforcement action if you do not pay.

Pay the creditor direct.

Paying the liability direct with the creditor (or challenge it) using whatever steps needed. This only avoids bailiffs fees that have not been incurred up to the point the original debt is paid.

When you have paid the creditor before the enforcement agent starts any enforcement stage you must notify the bailiff in writing under paragraph 59(2) of the Act. It stops further fees from that point forward.

You must notify the bailiff company under paragraph 59(2) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007. says you must notify the bailiff when the debt has been settled with the creditor.

That ensures the bailiff is liable for everything if he takes an enforcement step after you paid the amount outstanding, or sum adjudged, to the creditor.

When making payment, the bailiff may hand you a document to sign, just quietly "sign it" with the word declined, instead if your usual signature, then hand back the document.

That revokes any voluntary agreement the bailiff tries to assert when defending the claim.

Pros of using Pay & Reclaim:

Instant relief as the threat of bailiff action is stopped

All the risk now passes to the bailiff company and the creditor

You are in now control and you are calling the shots. The bailiff dances to your tune

You can get paid 8% statutory interest while the money is not in your possession

Your court fees are eventually paid by the opponent bailiff company or creditor

You can claim up to £19 per hour for preparing your claim

You rarely need to attend court because bailiff companies normally settle out of court to prevent a judgment being made against them

The bailiff company will have to pay their own solicitors/barristers fees

If you borrow the money from a high-cost payday lender, all the interest is recoverable as well "disbursements"

The quality of awards made by a court are much better than by an ombudsman or trade association

If you are on a low income, you may not have to pay any court fees at all

You do not have to accept a reduced sum "goodwill offer" or respond to bailiffs "without prejudice" letters

Disadvantages of using Pay & Reclaim

You will have to find all the money to concede to the demand

It can take several months to get your money back

You may have to pay the court fees up-front

Reclaiming costs in connection with repairs to your vehicle.

Paragraph 35 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states:

An enforcement agent must take reasonable care of controlled goods that he removes from the premises or highway where he finds them.

There are further regulations under regulation 34 of the Taking Control of Goods Regulations 2013.

Paragraph 7 of the Taking Control of Goods: National Standards 2014

Creditors should remember that enforcement agents are acting on their behalf and that ultimately they are responsible, and accountable, for the enforcement agents acting on their behalf.

This is the reason why you must NEVER sign a document when recovering your vehicle from a bailiff company. They will try to exclude themselves from liability for damage caused to your vehicle.

The cost of repairs and loss of its use, often exceeds the sum the bailiffs demand. If a vehicle is damaged while in the bailiff possession, the case becomes toxic. The bailiff company will never make a profit from taking your vehicle. It becomes a lost cause when a Pay & Reclaim is deployed and skillfully executed.

Make a list of all damage your vehicle that was not there before it was removed. Take photographs of it in situ and of surroundings. Contact me to start the process and a template.

Get your vehicle checked over by a competent professional, or a main dealer mechanic, and assess the cost of repairs for any damage to the bodywork, steering and tyres caused by dragging it, and the use of mechanical lifting equipment. If the keys were taken with the vehicle, list any goods that are missing from inside the vehicle and any fuel and mileage used. Ask your mechanic for a written quotation for the repairs.

You will need to make an sworn affidavit proving the damage to the vehicle was not there when it was taken by the bailiff. Include missing items inside the vehicle and its mileage used.

You also add the cost of alternative transport expenses while the vehicle is with the mechanic being assessed or repaired. You will need receipts, or EVIDENCE of everything. Include all taxi receipts no matter how short the journeys or how many you have made. It is vitally important that you collate all your receipts together and use them to bring your claim.

You then reclaim all these expenses from the creditor who instructed the bailiff company.