General Terms and Conditions for UK Bailiffs


Trading Name:

UK Bailiff Services Limited trades as UK Bailiffs Ltd (UKB).


Client Agreement:

 By providing UKB with a signed Instruction Form for CRAR, you, the Client/Claimant, agree to be bound by these terms and conditions. The Client warrants that they have the authority to instruct UKB, whether acting as an individual, company, authorised representative, or legal professional.


Right to Decline:

  1. UKB reserves the right to decline any instructions at its sole discretion, including if the property or debt does not meet CRAR criteria (e.g., the property must be purely commercial, and the debt must be for principal rent). Any monies paid for declined instructions may be refunded upon written request and approval by a Director.

Client Authorisation:

  1. By submitting an Instruction Form, the Client authorises UKB to provide CRAR services as outlined, including issuing a 7-day Notice of Enforcement and taking control of goods, in accordance with the Tribunals, Courts and Enforcement Act 2007. The Client warrants that the property is purely commercial and the debt is for principal rent (including VAT and interest), as defined under the Act.

Document Preparation Authority:

  1. Unless specified otherwise in writing at the time of instruction, UKB is authorised to prepare and sign documents on the Client’s behalf, including Notices of Compliance, Notices of Enforcement, Controlled Goods Agreements, Notices After Entry, and Notices of Possession. Clients wishing to opt out must notify UKB in writing at the time of instruction.

Submission of Instructions:

  1. Instructions must be submitted electronically via UKB’s online form. Instructions by post or verbally will not be accepted unless agreed by a Director.

Legal Advice Disclaimer:

  1. UKB is not a law firm and does not provide legal advice. Information on UKB’s websites or communications does not constitute legal advice.

Liability for Advice:

  1. UKB accepts no liability for actions taken by the Client or for any loss or damage incurred as a result of advice given by UKB, its agents, or contractors.

Limitation of Liability:

  1. UKB will not be liable for any loss of income, profits, reputation, customers, or opportunity, even if aware of potential damages, including indirect, incidental, special, or consequential damages arising from breach of contract, negligence, wilful act, or default.

Content Disclaimer:

  1. Content on UKB’s websites does not constitute legal advice.

Fees and Disbursements:

  1. UKB will apply statutory fees as per The Taking Control of Goods (Fees) Regulations 2014. These fees, along with additional costs (e.g., locksmith charges), are recoverable from the debtor in the first instance. VAT may be applicable on fees, and VAT-registered landlords can reclaim this from HMRC.

Fee Recovery Process:

  1. Statutory enforcement fees are charged to the Client but intended to be recovered from the debtor. If the debt, including fees, is paid in full by the debtor, no further payment is required from the Client. If the debt is not fully recovered, the Client may be liable for outstanding fees, as outlined below.

Deduction of Fees:

  1. UKB reserves the right to deduct statutory fees and costs from recovered monies before paying the Client, in line with CRAR regulations.

Client Liability for Fees:

  1. If the Client receives payment directly from the debtor on or after the day of instruction, or cancels/withdraws an instruction, the Client is liable for UKB’s full statutory fees, payable within seven days.

Debtor Abscondment:

  1. If the debtor has absconded or no goods are available to take control of, and UKB cannot recover fees within 14 days, the Client is liable for those fees. If the debtor later pays the fees, UKB will reimburse the Client.

Direct Invoicing for Non-CRAR Services:

  1. For services outside CRAR (e.g., evictions), UKB will invoice the Client directly, with payment due within specified timescales.

Payment of Invoices:

  1. If any part of an invoice is queried, the undisputed portion must be paid, and disputes must be raised in writing immediately.

No Guarantee of Outcome:

  1. UKB does not guarantee the success of any CRAR instruction. Success depends on factors such as the availability of goods and debtor cooperation. Quoted prices remain binding regardless of the outcome.

Accurate Information:

  1. The Client must provide accurate information and documentation to enable UKB to perform CRAR duties.

No Hindrance:

  1. The Client confirms that no other enforcement actions will prevent or hinder UKB’s CRAR duties.

Responsibility for Information:

  1. The Client is responsible for the accuracy of provided details and accepts liability for any inaccuracies.

Indemnification:

  1. The Client shall defend, indemnify, and hold harmless UKB, its directors, shareholders, and employees against all loss, damage, liability, or legal claims (including legal costs) arising from UKB’s services.

Additional Costs:

  1. The Client shall indemnify UKB against additional costs incurred due to specific Client directions during an instruction.

Late Payment:

  1. UKB may charge interest at 8% above the Bank of England base rate on outstanding balances, plus costs for debt recovery procedures if unpaid beyond stated terms.

Chargebacks:

  1. If a payment is charged back by the bank and UKB cannot defend it, UKB may invoice the Client for the remitted amount.

Complaints:

  1. Concerns about case handling should be directed to UKB’s Client Services Team at Help@ukbailiffs.org.

Data Controller:

  1. By submitting an Instruction Form, the Client acts as a data controller with a lawful interest in holding the data therein, in compliance with data protection laws.

VAT:

  1. All prices are plus VAT unless stated otherwise. UKB’s VAT registration number is GB306547801.

Certificated Enforcement Agents:

  1. All CRAR enforcement actions will be conducted by certificated enforcement agents, as required by the Tribunals, Courts and Enforcement Act 2007.