The rules allow for 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 name 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 receive a 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.
Do Exercise caution, the letter with a name error might be a bailiffs phishing letter.[5]
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 Letter
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)
[5] See Bailiffs leaving a phishing letter or document
Protect your car from bailiffs | Recover Your car from bailiffs | Attending a bailiffs vehicle pound | Reclaim bailiffs fees | Getting a chargeback | Attending Court | Arrested? | Bailiff Law | Trace a bailiff | Your bailiff FAQs | National Bailiff Advice | Beat the Bailiffs | BailiffTALK | About Stop the Bailiffs