Can enforcement agents take my stuff for my son's debt?

The bailiff may only take control of the goods that belong to the debtor.^[1]

To minimise the risk of a claim, bailiffs must make reasonable enquiries to be sure the goods belong to the debtor. Bailiff companies must maintain suitable and comprehensive insurance cover for both professional indemnity and other risks including employer's liability and public liability.^[2]

If a bailiff intends to take control of a vehicle, the Local Government Ombudsman, Focus report: learning lessons from complaints, stated: We consider that bailiffs should check the vehicle does belong to the debtor before removing it.^[3]

If a bailiff continues with enforcement against goods not belonging to the debtor, the owner, or hirer may apply for a third party claim.^[4][5]

^{[1] Paragraph 10 of Schedule 12 of the Tribunals, Courts and Enforcement Act 2007

[2] Paragraph 36 of the Taking Control of Goods: National Standards 2014, April 2014

[3] Local Government Ombudsman, Focus report: learning lessons from complaints

[4] Civil Procedure Rule 85.4

[5] Section 3 of the Torts (Interference with Goods) Act 1977

[6] See Making a third-party claim}