The bailiff responded saying he did not need to show the writ.
The debtor contacted me, and I gave it to a solicitor who yesterday, applied to the High Court at the Strand in London, to stop the writ permanently.
The originating District registry was also concealed from the debtor, so the application was brought in Central London, which attracts a higher hourly rate for the representing solicitor.
The legal argument was:
Paragraph 26 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;
- 26(1)The enforcement agent must on request show the debtor and any person who appears to him to be in charge of the premises evidence of—
- (a)his identity, and
(b)his authority to enter the premises.
(2)The request may be made before the enforcement agent enters the premises or while he is there.
The writ is court authority to enter premises. - (a)his identity, and
Paragraph 26 is a component of that Schedule and you can bring an action under Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007, which states;
- 66(1)This paragraph applies where an enforcement agent—
(a)breaches a provision of this Schedule, or
(b)acts under an enforcement power under a writ, warrant, liability order or other instrument that is defective.
(2)The breach or defect does not make the enforcement agent, or a person he is acting for, a trespasser.
(3)But the debtor may bring proceedings under this paragraph.
(4)Subject to rules of court, the proceedings may be brought—
- (a)in the High Court, in relation to an enforcement power under a writ of the High Court;
(b)in a county court, in relation to an enforcement power under a warrant issued by a county court;
(c)in any other case, in the High Court or a county court.
(5)In the proceedings the court may—
- (a)order goods to be returned to the debtor;
(b)order the enforcement agent or a related party to pay damages in respect of loss suffered by the debtor as a result of the breach or of anything done under the defective instrument.
- (a)in the High Court, in relation to an enforcement power under a writ of the High Court;
The bailiff, by refusing the show the writ also unwittingly revoked all the HCEO fees.
Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014 states;
- These Regulations apply when an enforcement agent uses the Schedule 12 procedure.
The case continues at a further hearing to determine the damages to be paid in relation to the breach of Schedule 12.
The bailiff company is DCBL.
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