Bailiffs may only take controlled goods belonging to the debtor.[1]
The bailiff may take control of the debtor’s goods where the debtor usually lives,[2] or carries on a trade or business,[3] or on a highway,[4] anywhere in England and Wales.[5]
If the debtor does not live at your address, but keeps goods at your home, the bailiff may take control of them, but he must apply for that authority separately,[6] by applying to the court.
If the bailiff is pestering you about someone else’s unpaid council tax, then you may apply for an injunction.[7]
You must give the bailiff a Notice of Intention to apply for an injunction before you apply to the court, to give the bailiff an opportunity to cease harassing you.[8]
Template Notice of intention to apply for an injunction[8]
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.
[1] Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[2] Paragraph 14(6) of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[3] Paragraph 12(2)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[4] Paragraph 13(1)(b) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[5] Paragraph 11(1)(a) of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[6] Paragraph 15 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[7] Section 3(4) of the Protection from Harassment Act 1997
[8] Rule 6, Practice Direction – Pre-Action Conduct And Protocols
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