Make a 3rd Party Claim
Bailiffs may only take control of goods only if they are the goods of the debtor.[1]
If a company uses an alias address, then the bailiff may only enter that address provided the address is where the debtor companies carries on a trade or business.[2]
If a bailiff wants to enter and search specified premises to take control of the debtors goods, then he must apply to the court for that authority separately.[3]
If the bailiff enters an address which he does not have authority to enter, then the debtor may bring an action for this breach.[4]
Of an unrelated person may bring an action for unlawful interference with goods.[5]
In any event, if a bailiff takes control of goods that do not belong to the debtor company, the owner of the goods may make a third party claim to executed goods.[6][7]
[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 15 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[5] Paragraph 66 of Schedule 12 of the Tribunals Courts and Enforcement Act 2007
[6] Section 3 of the Torts (Interference with Goods) Act 1977
[7] Civil Procedure Rule 85.6
[8] See Bringing a claim to executed goods
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