Is the enforcement valid if my name is spelt wrong?

However, court rules allow a party to apply to the court to make a minor change to a debtor’s name.

The court may at any time correct an accidental slip or omission in a judgment or order, and a party may apply for a correction without notice.^[1][2]

Otherwise, the enforcement may fail because the person whom enforcement is ordered, is not the debtor named on the enforcement power.

If you see a bailiff document with your, or your company’s name misspelt, you must ask them to leave until the debtor’s name has been corrected.

If you get notice of amendment, you have a right to oppose the application.^[3]

The court may allow an amendment to correct the name of a party, but only where the mistake was genuine and not one which would cause reasonable doubt as to the identity of the party in question.^[4]

Send the bailiff away until the creditor has applied to the court to amend the debtor’s name on court documents.

Tell the bailiff company to stop enforcement and return the case back to the creditor, or council because the debtor’s name is wrong on the bailiff’s document.

Template

Give a copy of the letter 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 letter 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.

^{[1] Civil Procedure Rule 40.12

[2] Practice Direction 40B 4.1 to 4.5

[3] Practice Direction 40B 4.4

[4] Civil Procedure Rule 17.4(3)}