The bailiff may not take control of goods unless they are the goods of the debtor.[1]
If bailiffs are pestering you for an unpaid court fine owed by another, then you must tell the bailiff to quietly leave the property, and the bailiff must leave with all due reasonable speed.[2]
If the bailiff refuses to leave you alone, then you may apply for an injunction.[3]
Before you apply for an injunction, you must give the bailiff, and copy in his agency, a notice of intention to apply for an injunction.[4]
If the bailiffs disobey your notice, then you may start the application for an injunction and ask for your costs.[5][6]
Template Notice of intention to apply for an injunction.[4]
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] Morris v Beardmore [1980] 71 Cr App 256
[3] Section 3(3) of the Protection from Harassment Act 1997
[4] Rule 3 of the Practice Direction – Pre-Action Conduct And Protocols
[5] Civil Procedure Rule 46.5
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