Bailiff seized your vehicle for someone else’s debt? Claim it back now

If a bailiff seized your vehicle for a debt that is not yours, you can file a third-party claim to recover it. This guide explains your rights under CPR 85.4 and Schedule 12 of the Tribunals, Courts and Enforcement Act 2007, including how to prove ownership and stop unlawful enforcement before your vehicle is sold.

Key Takeaways

  • Bailiffs may only take goods belonging to the named debtor, as per Schedule 12, Paragraph 10.
  • Wrongfully taken goods under another's warrant allow you to file a third-party claim under Paragraph 60.
  • After seven days, claim damages under the Torts (Interference with Goods) Act 1977.
  • Recent purchasers can still claim if the warrant names the former keeper.
  • Refusal to show a warrant may indicate defective or fraudulent enforcement.
  • Dishonest bailiffs may breach the Fraud Act 2006.
  • Act promptly and gather ownership evidence and all communications.

Third-Party Claims and Unlawful Bailiff Action

Enforcement Limited to Debtor’s Goods

Paragraph 10 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 makes clear that a bailiff may only take control of goods belonging to the debtor named in the warrant. The power is limited to enforcing that person's liability. If goods belonging to someone else are taken, the enforcement is unlawful. Where this occurs, Paragraph 60 of Schedule 12 allows the rightful owner to apply to the court to assert their interest. This is the proper procedure if your vehicle or other property has been wrongly targeted under a warrant issued in another person's name.

Claims Under the Torts Act After Seven Days

Where more than seven days have passed since your vehicle was clamped or removed, your position may be further strengthened. Sections 3 and 4 of the Torts (Interference with Goods) Act 1977 allow you to bring a claim for damages and, where appropriate, an order for the return of the goods. Section 3 covers wrongful interference generally, including unauthorised removal, and entitles you to claim for consequential loss. Section 4 permits the court to make an order for delivery up, allowing you to recover possession of your vehicle if it remains under the control of the enforcement agent or has been transferred unlawfully.

Challenging Enforcement Based on Outdated DVLA Records

Where a vehicle has recently changed hands and the Warrant of Control names the previous keeper, the bailiff’s reliance on outdated DVLA records does not excuse interference with goods owned by someone else. If you can provide credible proof of ownership, such as a sale receipt or transfer documentation, you may file a third-party claim under Paragraph 60 of Schedule 12. If over seven days have passed, you may also claim damages and seek injunctive relief under sections 3 and 4 of the Torts (Interference with Goods) Act 1977. The enforcement agent remains under a duty to verify ownership and must not act against goods that do not belong to the debtor.

Fraudulent or Dishonest Enforcement Behaviour

If you ask to see the Warrant of Control and the bailiff refuses, this may suggest they know the warrant is defective or does not authorise the enforcement. Such refusal can amount to dishonesty. Under sections 2 to 4 of the Fraud Act 2006, it is a criminal offence to make a false representation, withhold required information, or abuse a position for financial gain. A bailiff who enforces a warrant that does not name the true debtor or hides it to avoid scrutiny may be acting unlawfully.

Steps to Take and Remedies Available

In all such cases, you are advised to act swiftly. Gather documentary evidence of your ownership, the date the goods were taken, and any communications with the enforcement agent. Applications under Paragraph 60 of Schedule 12 must be supported by evidence. If enforcement has already occurred, consider applying for relief under the Torts Act and seeking an injunction to prevent further interference. The law provides you with a clear and structured route to challenge improper enforcement and to obtain redress. I am available to advise further should you wish to pursue these remedies.

Remedies

  • Make a third-party claim under Paragraph 60 of Schedule 12 to assert your ownership.
  • Claim damages and seek recovery under the Torts Act if more than seven days have passed.
  • Apply for an injunction to prevent further unlawful interference.
  • Gather proof such as ownership documents, removal dates, and enforcement notices.
  • Report misconduct under the Fraud Act 2006 if the bailiff refuses to show valid authority.

In summary, third-party enforcement by bailiffs is tightly constrained by law, and any action taken against goods not belonging to the named debtor is unlawful. Whether your vehicle was wrongly clamped, removed, or threatened with seizure under a defective or outdated warrant, the legal framework offers you robust remedies. Paragraphs 10 and 60 of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, alongside sections 3 and 4 of the Torts (Interference with Goods) Act 1977, provide the basis to recover property and seek compensation. If a bailiff refuses to disclose the warrant or misrepresents their authority, you may have grounds for civil action and, in cases of dishonesty, for criminal complaint under the Fraud Act 2006. The key is to act without delay, preserve all relevant evidence, and seek advice on the appropriate court applications to enforce your rights and undo the harm caused by improper enforcement