Unless the director made a personal guarantee for the debt, enforcement fails because bailiffs may only take control of goods belonging to the debtor.[1]
A company and a director are completely separate legal entities.[2]
The bailiff may only take enforcement action after giving a Notice of Enforcement,[3][4] at the address specified on the enforcement power,[5] where the debtor trades or carries on a business,[6] or on a highway.[7][8]
If a bailiff removes a company director’s goods for his company’s debt, the director may make a claim to controlled goods.[9] and recover his costs,[10] even if he represents himself in person.[11][12]
If a bailiff takes money from a director for his company’s liability, he may recover that money together with interest up to 8% from the date the bailiff took the money.[13]
If bailiffs are harassing a director for a debt owed by his company, the director, or a member of his family may apply for an injunction,[14] and recover damages caused by the harassment and any financial loss resulting from the harassment.[15]
The bailiff may apply to the court for authority to begin enforcement at another address, but that authority must be applied for separately.[16]
The bailiff must, on request, show the debtor and any person who appears to him to be in charge of the premises evidence, of his authority to enter the premises.[17]
Template: Notice of intention to apply for an injunction.[18]
Send the Notice to the bailiff company and get a certificate of posting from the post office.
Give a copy of the notice to the bailiff company by email and make a screenshot of the sent email capturing the time you gave it.
Send a copy of the notice by text message to the bailiff to his mobile and make a screenshot of the sent text message to record the time you gave it.
Keep all screenshots for your file.
If the bailiff does not comply, you may give it in evidence the bailiff did not give a Notice of Enforcement.[6]
[1] Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Section 1 of the Companies Act 2006
[3] Paragraph 7(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[4] Paragraph 33(4) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Paragraph 14(1) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Paragraph 14(6) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[7] Paragraph 12(2)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[8] Paragraph 13(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[9] Civil Procedure Rule 85.6
[10] Civil Procedure Rule 44.2
[11] Civil Procedure Rule 46.5
[12] Part 3.1 Practice Direction 46.5
[13] Section 69 of the County Courts Act 1984
[14] Section 3 of the Protection from Harassment Act 1997
[15] Section 3(2) of the Protection from Harassment Act 1997
[16] Paragraph 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[17] Paragraph 26(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[18] Rule 6. Practice Direction – Pre-Action Conduct And Protocols
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