Can bailiffs rely on a notice of enforcement delivered to an old address?

A Notice of Enforcement (NOE) must be given to the debtor before a bailiff can take control of goods.^[1]

If the NOE was given to the debtor by post to an old address, then it has not been given to the debtor.^[2]

If the debtor can show evidence of their new address, the bailiff is unable to recover any fees.^[3]

The debtor can recover any fees taken by the bailiff if the NOE was not given by making an application for a detailed assessment ^[4][5] and apply for costs.^[5]

^{[1] Paragraph 7.1 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007

[2] Section 7 of the Interpretation Act 1978

[3] Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014

[4] Civil Procedure Rule 84.16

[5] See Also, Applying for a detailed assessment of bailiff's fees

[6] Civil Procedure Rule 46.5}