Restraining Unlawful Bailiff Action With An Injunction

DO NOT ATTEMPT PROCEEDINGS UNLESS YOU ARE LEGALLY COMPETENT

Always seek advice.

You may apply to restrain a bailiff from taking enforcement action under the following circumstances:

Your car has been clamped or taken while it is on hire purchase or leased.

The bailiff has taken control of a computer or equipment containing client personal data, banking login passwords, or intellectual property, which may lead to serious loss if the information is transferred.

A bailiff is harassing or pestering you without enforcement power or about someone else's debt.

Your car is clamped or towed away from land that is neither where you live nor work.

Enforcement is adversely affecting your health.

You are feeling frightened or unsafe in your own home.

The bailiff company is persistently sending unwanted nuisance text messages.

The bailiff has breached any of the Schedule 12 enforcement provisions.

Before seeking a court order to stop a bailiff from breaching enforcement provisions, you must first contact the council or creditor for whom the bailiff is acting and give them an opportunity to stop the breached enforcement.


Template: Inform the council or creditor that their bailiff is breaching enforcement regulations.


Sources and scope

This site concerns England and Wales. Principal sources include Schedule 12 to the Tribunals, Courts and Enforcement Act 2007, the Taking Control of Goods Regulations 2013, the Taking Control of Goods (Fees) Regulations 2014, CPR Part 84 and the GOV.UK bailiff guide.

This article or page was last checked on . The next check will be on . Law and procedure can change; check the current official position before acting.