Reclaiming fees, compensation or damages for a bailiff's wrongful action or fraud in the county court

Or make a claim in the small claims track, this article gives a summary of the process .

A successful claim in the small claims court the bailiff company risks a CCJ - and that could put him out of business because he is unable to renew his certificate or Consumer Credit License with an unpaid CCJ.

On the Form N1 always name the bailiff, the bailiff company and the council as joint defendants.

[YOUR NAME] - Claimant

The Mayor and Burgesses of the [NAME OF COUNCIL], Defendant

Particulars of claim - these are your "grounds" for your claim.

Bailiffs often try to say a debtor made a payment voluntarily when this is not true.

Ignore any excuse and threat letters from the bailiffs because you want ALL your money back, no false promises or half-measures. Just let court procedure run its course and follow the court's directions until you are paid along with interest and your costs. Place any bailiff excuse letters received on the correspondence file.

Always use a very simple non-particularised claim on your Form N1, then file your detailed witness statement when you complete and return the form N149 Allocation Questionnaire to bring the claim to your home court.

The most common result is the bailiff will refund your money, sometimes at the 11th hour immediately before you go into the hearing before the Judge, others settle long before the trial date.

Bailiffs might try and play games and call your bluff. Never fall for it and ignore the threats and go before the Judge and say you want ALL your money back - and you want a judgment. NEVER concede to a Tomlin Order.

The worst that can happen is the Judge will say no. You CANNOT be ordered to pay the bailiffs costs for his barrister if your claim is under £10,000.

If you are claiming more than £10,000, then issue separate claims for separate fees and keep each claim below the £10,000 threshold.

When you attend court on the day of the hearing, follow these useful guidelines and take a printed copy with you.

If you are unemployed, or on a low income then complete a Form EX160a for court fee remission and see also Leaflets EX160a/b/c for guidance on completing the Form.

When you have your judgment, send a copy with a simple letter marked at the top - Complaint about fitness to hold a Consumer Credit License.

Then send it to the Complaints Team at the Financial Conduct Authority, 25 The North Colonnade, London E14 5HS

A person or body having a CCJ on its name cannot renew consumer credit license. Bailiffs trading as 'debt collectors' which may require them to hold a Category F license, and, it's an offence for anyone to continue trading in a licensed activity while unlicensed. Section 39(1) of the Consumer Credit Act 1974 or it can stop them bidding on certain government enforcement contracts.