What is excessive distress?
This offence occurs where more goods have been taken than are “reasonably
required” to clear both the debt and the bailiff’s
costs”. There are a number of points that should be made
clear on this section before considering whether you have grounds
for complaint.
Firstly, it is very rare that goods
actually get taken…it is the threat of the goods being removed
that the bailiff relies upon for his payment. In fact, goods are
removed in just one case in every hundred.
The next important point concerns the value of the goods removed.
Although a sofa may well have cost you many hundreds of pounds,
at auction it could sell for just 10% of that price. Televisions
and electrical items sell for just nominal amounts….if at
all.
But, by far the most important point here, and one
that has caused many problems is where one particular item, (normally
a motor vehicle) worth a lot of money, has been taken by the bailiff
to satisfy a small debt.
However, if this was the only item available, then the bailiff would not be seen to have committed
this offence. This would normally apply if you had refused the bailiff entry into your home where he would have been able
to levy on domestic items: and instead, he has had to levy on the
motor vehicle that was parked outside.
Note: Please remember that a bailiff
cannot levy on a motor vehicle if
it is kept in a locked garage, not
parked nearby, or not in your own name!!!
It is very common practice for a bailiff collecting council tax to leave a letter at your home entitled: "Notice of Seizure" that lists a motor vehicle parked in your driveway.
Many times, this car belongs to someone else and therefore you must write to the bailiff company immediately to complain an insist that all charges that have been applied to your account are removed. In the Letters section of our Downloads area you will see that we have provided a template letter for this very purpose.
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