Are you instructing a bailiff or a broker?


Instructing an Enforcement Agent (Bailiff)

As a customer you want to instruct an experienced firm of Enforcement Agents (Bailiffs) with suitable industry knowledge to ensure your job is undertaken legally, professionally, effectively, efficiently and economically.

Beware of firms advertising enforcement services that are acting as brokers, sub-contracting the work to enforcement agents.

We are finding examples of firms of private investigators and process servers advertising enforcement services. They are not enforcement agents and may have limited knowledge of enforcement law.

Are you instructing a bailiff or a broker?

The Problem

I have been told of one such firm today. They wanted to do part of the job, draw up and serve the Notices and then only contact the Enforcement Agents (Bailiffs) if an eviction or taking control is necessary.

They take fees from clients for directing and supervising bailiffs to do various jobs. How they can justify this when they have no qualifications, knowledge or Certificate is beyond me.

Not to mention that any Public Liability and Professional Indemnity insurance will not cover them if they do not have a legal right to act.

Where a company does not have any owner or director that is certificated or indeed any PAYE employees certificated they should in my opinion not be advertising bailiff services.

To do so may well be a criminal offence under the Tribunals Courts and Enforcement Act 2007.

Schedule 12 (6) it says “A person is guilty of an offence if, knowingly or recklessly, he purports to act as an enforcement agent without being authorised to do so by subsection (2).’

The Solution

Check the bailiff you are instructing is certificated or the whole process is illegal.

You should also check:

  • The experience they have.
  • Whether they are a member of a recognised trade association, such as the
    • Certificated Enforcement Agents Association (CEAA)
    • Civil Enforcement Association (CIVEA)
    • High Court Enforcement Officers Association (HCEOA)
  • They hold both Public Liability and Professional Indemnity insurance.

We can help

Quality Bailiffs has over twenty five years of experience in the execution of warrants especially in the commercial rent sector. We are founder members of the CEAA and carry both Public Liability and Professional Indemnity insurance. Most of our Agents are uniformed and have body worn video.

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