You Get an Unexpected Visit from a High Court Enforcement Officer

Regulation 6(1) of the Taking Control of Goods Regulations 2013 makes it illegal for an enforcement agent to take control of your goods unless you have been given notice at least 14 clear days in advance.

If you have been visited or charged any fees, regardless of whether taking control of goods has taken place, without a Regulation 6 notice, then everything that follows is revoked.

You can make a formal complaint and ask the creditor or the Officer to comply with Regulation 6 and withdraw from enforcement action until the 14 clear day minimum period has passed.

It is the practice of bailiff companies to say they sent the Notice of Enforcement by post, and you have to "contact Royal Mail". If the bailiff company is unable to give a tracking number, then it is unable to prove the document has been sent by post.

Here are the templates.

When you have not been given a Notice of Enforcement, then enforcement action is not compliant with Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, and therefore the Enforcement Officer cannot charge you any statutory fees. See also Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014.

You can also make an application for the writ to be set aside or, if you admit to the debt, apply for a stay on the writ and ask for a variation.