Stopping unlawful bailiff action with an Injunction

Applying for an injunction is a simple process, and stops unlawful enforcement action on an emergency basis.

You cannot injunct a bailiff who has a lawful authority to pursue you for an unpaid debt AND is compliant with the law.

You can injunct a bailiff from any of the following;

Exercising any enforcement step that is not compliant with any part of the Schedule 12 enforcement procedure

Sending nuisance text messages

Making nuisance telephone calls

Pursuing you for a debt that is paid. (Give the bailiff a text message notice of the date payment was made and to whom - paragraph 59(2) of Schedule 12)

Threatening to take an enforcement step when the enforcement power has ceased

Recover vehicles or goods taken (or clamped) unlawfully

Threatened you with violence

Threatened you with a "locksmith" in respect of a court fine after the sum adjudged has been paid to court.

Pursuing you for a debt that is not yours

Pursuing you for a debt without being given a Notice of Enforcement.

Frightened in your own home?

Don't be.

 

If a public authority or its agent is making you frightened in your own home, then it is in breach of section 6 of the Human Rights Act 1998. You can take remedial action under Schedule 2 of the Act. Contact me and I will refer you to a competent solicitor in Human Rights Act proceedings.

If you are frightened or scared because a bailiff is threatening you with breaking into your home without lawful authority, or the action is making you or your family ill, then you can apply for a restraining order under section 3 of the Protection from Harassment Act 1997 or if you are a debtor, then you can make an application under paragraph 66 of Schedule 12 of the Courts Tribunals and Enforcement Act 2007.

These are an emergency "ex-parte" application. It means you are applying to the court for the order without the council or bailiff knowing.

Contact me to see if your grounds are suitable for an application, and if they are, then I will give you the legislation that applies

Telephone the council or the creditor (if a court fine, the bailiff company) and explain slowly and clearly why the enforcement action is unlawful

You can have me speak to them for you - and you can listen in to the live conversation!

I can often agree a voluntary undertaking with the council or bailiff company they cease and desist their unlawful action without having to start court proceedings.

If a bailiff or council breaks their promise or does not cooperate, then you can you can start legal proceedings without telling them.

You will be given an "interim order" and your costs will be reserved. Costs reserved means the court will decide who will pay them at a later hearing. The defendant and the bailiff company will attend a later hearing to challenge your application. DO NOT engage in conversation with the other parties in the court waiting area. Your solicitor will speak to them on your behalf.

Make a formal complaint to the authority and give them an opportunity to cease and desist enforcement action against you.