If enforcement has failed do I make a claim against the creditor or the bailiff?


The Creditor

The creditor is always liable for its agents.[1]

Debtors should not litigate a bailiff or a bailiff company. They will have solicitors frustrate the process and in some cases, make threats of costs against them to try to end the claim or pervert a court order.



[1] Lloyd v Grace, Smith & Co. [1912] AC 716
[2] See Peter Felton Gerber in Alenezy v Shergroup [2022] EWHC 777 (QB)