Bailiff action after you move: what you need to know

What happens when bailiffs attend after you have moved

Failure to serve a notice of enforcement makes enforcement unlawful

If you have recently moved residence and a bailiff has arrived at your new address without your having received a Notice of Enforcement, then this enforcement action is unlawful and invalid. Paragraph 7(1) of Schedule 12 to the Tribunals, Courts and Enforcement Act 2007 stipulates in unequivocal terms that an enforcement agent may not take control of goods unless the debtor has been given notice. The provision is not merely directory; it is mandatory, and failure to comply with it vitiates the lawfulness of the enforcement process ab initio. The bailiff must give notice in the prescribed form and with the required content at least seven clear days before attending, unless the court has expressly shortened this period under paragraph 8.

Defective writs and proof of contrary evidence

If the writ of control or warrant relied upon by the enforcement agent continues to bear your previous address, then it is defective and cannot support lawful enforcement action. Section 7 of the Interpretation Act 1978 provides that a document sent by post is deemed served unless the contrary is proven. Your relocation, evidenced by your current address not matching the address on the writ or warrant, is sufficient contrary evidence that the Notice of Enforcement was not served. Where enforcement is pursued under a defective writ or warrant, the enforcement power ceases to be exercisable pursuant to paragraph 6(3) of Schedule 12.

Refusal to disclose documents indicates unlawful conduct

Further, if the enforcement agent refuses to show the writ or warrant or declines to provide proof that the Notice of Enforcement was properly served at your new address, then that refusal, taken in conjunction with the defect, amounts to constructive knowledge that he is not lawfully acting. The courts have consistently held that agents must adhere strictly to statutory requirements in exercising coercive powers. The failure to comply with notice obligations renders the enforcement process unlawful.

How to challenge enforcement if you never received the claim

In such circumstances, the debtor may apply to the court for a stay of enforcement under Civil Procedure Rule 23.10, particularly if the debtor did not receive the original claim form or any prior notice of proceedings. In the case of High Court enforcement, it is established that a writ of control may only be executed at the address at which the debtor ordinarily resides or carries on trade or business. To enforce at a different address without notice breaches not only Schedule 12 but also the foundational tenets of procedural fairness under Article 6 of the European Convention on Human Rights.

Bailiffs cannot recover fees if enforcement power has ceased

Moreover, where a Notice of Enforcement has not been validly served, enforcement agents are precluded from recovering any fees or charges under Regulation 3 of the Taking Control of Goods (Fees) Regulations 2014. This is reinforced by Regulation 17 of the same Regulations, which provides that if the enforcement power ceases to be exercisable, the debtor is not liable for fees incurred after that cessation. Any fees already levied or recovered in such circumstances are recoverable by the debtor as sums unlawfully taken. The appropriate remedy lies in an application to the court for a refund or restitution, supported if necessary by a Part 8 claim or a claim under paragraph 66(3) of Schedule 12, which provides a statutory right to recover money or goods taken in breach of the enforcement provisions.

Tracing a debtor to a new address without notice breaches standards

Where bailiffs trace a debtor to a new address and attend without serving the required notice, they may also be in breach of paragraph 12 of the Taking Control of Goods: National Standards 2014, which expressly prohibits creditors from issuing a warrant to an address they know the debtor no longer occupies, as a means of tracing the debtor at no cost. This conduct is both procedurally improper and financially motivated, since the bailiff avoids the compliance stage and immediately claims both the £75 compliance fee and the £235 enforcement stage fee.

Do not give your new address and protect your legal position

If you do not wish to provide your new address, you are under no statutory obligation to do so. However, if enforcement continues on the basis of the outdated address, the creditor or enforcement company may become liable in damages. Where no Notice of Enforcement has been served, the debtor may write to the creditor or local authority proposing to discharge the debt directly. If payment is refused and enforcement proceeds, the debtor may invoke the principle of estoppel, asserting that the creditor is precluded from denying receipt of the debt after having rejected tender of payment. Estoppel by convention or representation may operate to prevent further enforcement where the conduct of the enforcement agent or creditor has induced the debtor to rely upon the invalidity of the process.

Available remedies and recovery of unlawful fees

In all such cases, the debtor should request written evidence of the time and manner in which the Notice of Enforcement was served. Absent such proof, the enforcement action is unlawful, and the debtor has multiple remedies: to stay or set aside the writ under CPR 23.10, to set aside the judgment where appropriate, to apply for an injunction to restrain enforcement, and to seek restitution of any money or goods taken unlawfully. The court has ample jurisdiction to grant interim relief in appropriate cases, and the authorities are clear that enforcement agents must not be permitted to profit from procedural default or deliberate breach of statutory safeguards.