What is irregular distress?
This is best described as anything done in the wrong manner or
without the proper formalities. This offence occurs when the levy
was correct, but the events following
it were not. Typically, this could be any of the following:
• The bailiff has used the wrong forms.
• Goods that have been taken were sold far too cheaply.
• The bailiff failed to give proper notice of the forthcoming
sale of your
goods.
It should be noted that the courts see this offence as more of a technical
offence than illegal distress, and as the remedy is only the actual
damage suffered by the claimant, which can prove difficult to
work, out a claim for Irregular Distress is very often
not worth pursuing.
|
