Bailiffs called about a debt by a lodger, former occupant or person not part of your household.

 

 

You are not liable for other peoples debts, traffic penalties or court fines even if they live in your household. NEVER let bailiffs in your property.

Paragraph 7(1) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;


(1)
An enforcement agent may not take control of goods unless the debtor has been given notice.

 

 

Paragraph 10 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

An enforcement agent may take control of goods only if they are goods of the debtor.

 

 

Paragraph 14 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007 states;

 

14(1)An enforcement agent may enter relevant premises to search for and take control of goods.

(2)Where there are different relevant premises this paragraph authorises entry to each of them.

(3)This paragraph authorises repeated entry to the same premises, subject to any restriction in regulations.

(4)If the enforcement agent is acting under section 72(1) (CRAR), the only relevant premises are the demised premises.

(5)If he is acting under section 121A of the Social Security Administration Act 1992 (c. 5), premises are relevant if they are the place, or one of the places, where the debtor carries on a trade or business.

(6)Otherwise premises are relevant if the enforcement agent reasonably believes that they are the place, or one of the places, where the debtor—

(a)usually lives, or

(b)carries on a trade or business.

 

 

If the debtor being sought does not live there, then the bailiff does not have a right of entry.

 

 

If the liable person is no longer living at your address then you don't need to do anything or contact the bailiffs because you will be ignored. They are the responsibility of the creditor. Let them waste their own time and expense by turning up.

When the bailiff attends, just tell him you are the occupier and show some ID and the bailiff should quietly leave. Before you hand over any ID ask to the bailiff ask see his ID and hold it until yours is handed back.

If the bailiff refuses to leave the property then call police on 999 reporting a disturbance and give your name and your address, then report a burglary in progress with a suspect still on the premises.

You do not have to tell anyone where the debtor is. Debtor tracing is not your problem.

If the person is still living with you, the bailiff may try to levy on your goods in your home, even your vehicle.

If the bailiff is stupid enough to take control of goods or vehicles not belonging to the debtor,the owner can make an interpleader claim.

There is also a liability for which a non-debtor can bring for unlawful interference with goods, section 4 (damages) and section 5 (interim relief) of the Torts (Interference with Goods) Act 1977 in respect of unlawful interference with goods.

Use the law to tell the creditor to stop their bailiff pestering you and your co-occupants.

 

 

Criminal Offence

It is a criminal offence under section 2(1) of the Protection from Harassment Act 1997 for a bailiff to pester someone about a debt that is not theirs. You can make a written complaint to the police