Bailiffs may only take control of goods that belong to the debtor.[1]
If the debtor does not live at the address, the bailiff may not take enforcement action at your address, unless he keeps goods there.[2]
If you find the bailiffs letters threatening, then you can give the bailiff and his firm a notice telling them that the debtor does not live there.[3]
Or, you can make a statutory declaration, and serve it on the bailiff and his firm.
If bailiffs continue to pester you about money not owed by you after you have given a notice, or a statutory declaration, then, you may apply for an injunction.[4]
First you must give the bailiff and his firm, a Notice an Intention to Apply for an Injunction before applying to the court restraining the bailiff from harassing you.[5]
Template Notice. cease and desist, debtor not living at the address
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.
Statutory declaration - debtor not living at this address
Send sworn in statutory declaration to the bailiff company and get a certificate of posting from the post office.
Give a copy of the sworn statutory declaration 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 sworn Statutory declaration 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.
Template Notice of an intention to apply for an injunction
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 15 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007
[3] Section 7 of the Statutory Declarations Act 1835
[4] Section 3 of the Protection from Harassment Act 1997
[5] Rule 6, Pre-Action Conduct And Protocols
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