Bailiff certificate invalid or lapsed — no power to take control

Only a Certificated Enforcement Agent (or HCEO) may take control of goods under TCEA 2007 Schedule 12. The certificate is granted by a County Court judge for two years under the Certification of Enforcement Agents Regulations 2014. If the bailiff at your door has no certificate, an expired certificate, or fails to produce it on request, they have no power. Acts done without certification are personally tortious (trespass) and the company is vicariously liable. The certificate database is searchable on the Justice.gov.uk public register.

Legal basis

TCEA 2007 s.63 (only certificated person may act as enforcement agent); Certification of Enforcement Agents Regulations 2014 (SI 2014/421) regs 3-9; reg 9 — complaint procedure to the certificating court

How to identify this in your case

Bailiff visited or threatened visit. They cannot or will not produce a certificate; the certificate has expired (over 2 years from grant); their name does not appear on the public Certificated Enforcement Agents register at justice.gov.uk; they refused to give their certificating court.

Sample appeal wording

Dear [ENFORCEMENT COMPANY], Re: Visit on [DATE] by [AGENT NAME] regarding [DEBT REF] I require, within 7 days, the following under regulation 9 of the Certification of Enforcement Agents Regulations 2014 and section 63 of the Tribunals, Courts and Enforcement Act 2007: 1. The full name of the agent who attended; 2. Their certificate number and date of grant; 3. The County Court that issued the certificate; 4. Confirmation the certificate was in force on [DATE]. I have searched the public register at https://www.gov.uk/find-a-certificated-enforcement-agent and [the agent does not appear / their certificate expired on DATE]. Under TCEA 2007 s.63 only a certificated person may act as an enforcement agent. Any act of taking control of goods (including a controlled goods agreement, removal, or threat of removal) by a non-certificated person is unlawful. I will therefore: (a) Apply to the certificating court under reg 9 of SI 2014/421 to revoke the certificate; (b) Apply under Schedule 12 paragraph 66 TCEA 2007 for a remedy in the County Court; (c) Sue your firm for trespass / conversion / harassment under the Protection from Harassment Act 1997; (d) Refer the matter to the Civil Enforcement Association (CIVEA) and the Enforcement Conduct Board. All fees are disputed. No further attendance should be made until this is resolved. Yours faithfully, [NAME]

Replace [PARKING DATE], [NtK DATE] etc. with your own dates before sending.

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Sources

TCEA 2007 s.63
Certification of Enforcement Agents Regulations 2014 (SI 2014/421)
Public register: gov.uk/find-a-certificated-enforcement-agent